PRINTER'S NO. 1107
No. 980 Session of 1991
INTRODUCED BY JOSEPHS, JOHNSON, PISTELLA, HERMAN, NAHILL,
STURLA, TANGRETTI, ROBINSON, SCRIMENTI, D. W. SNYDER, BISHOP,
HARLEY, ITKIN, VEON, ROEBUCK, STEELMAN, MICHLOVIC AND
BATTISTO, APRIL 3, 1991
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 3, 1991
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for the
3 admission of evidence of a victim's sexual conduct for
4 certain prosecutions.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 42 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 6113. Evidence of victim's sexual conduct.
10 (a) General rule.--Evidence of the victim's sexual conduct,
11 including the past sexual conduct of the deceased victim, may
12 not be admitted in a prosecution for any offense, attempt to
13 commit an offense or conspiracy to commit an offense under the
14 laws of this Commonwealth unless such evidence is determined by
15 the court to be relevant and admissible in the interest of
16 justice, after an offer of proof by the proponent of such
17 evidence outside the hearing of the jury pursuant to subsection
18 (b), and a statement by the court of its finding of fact
1 essential to its determination.
2 (b) Evidentiary proceedings.--A defendant who proposes to
3 offer evidence of the alleged victim's past sexual conduct
4 pursuant to subsection (a) shall file a written motion and offer
5 of proof at the time of trial. If, at the time of trial, the
6 court determines that the motion and offer of proof are
7 sufficient on their faces, the court shall order an in camera
8 hearing and shall make findings on the record as to the
9 relevance and admissibility of the proposed evidence pursuant to
10 the standards set forth in subsection (a).
11 Section 2. This act shall take effect in 60 days.
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