PRIOR PRINTER'S NO. 124                        PRINTER'S NO. 467

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 115 Session of 1993


        INTRODUCED BY KUKOVICH, LEDERER, GORDNER, BELARDI, TIGUE,
           NAILOR, KREBS, STURLA, TRELLO, HECKLER, MIHALICH, ROONEY,
           VAN HORNE, OLASZ, MASLAND, GERLACH, PESCI, COY, BELFANTI,
           TANGRETTI, DALEY, DeWEESE, LAUGHLIN, FAJT, CLARK, PISTELLA,
           CAPPABIANCA, STABACK, JOSEPHS, TOMLINSON, STERN AND VEON,
           JANUARY 27, 1993

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           FEBRUARY 10, 1993

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for the
     3     competency of witnesses.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 5912 of Title 42 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 5912.  [Disqualification by perjury.
     9     In a criminal proceeding, a person who has been convicted in
    10  a court of this Commonwealth of perjury, which term is hereby
    11  declared to include subornation of or solicitation to commit
    12  perjury, shall not be a competent witness for any purpose,
    13  although his sentence may have been fully complied with, unless
    14  the judgment of conviction be judicially set aside or reversed,
    15  or unless the proceeding is one to punish or prevent injury or
    16  violence attempted, done, or threatened to his person or

     1  property; in which cases he shall be competent to testify.]
     2  Effect of prior convictions.
     3     No person shall be deemed incompetent or otherwise
     4  disqualified as a witness in any criminal proceeding by reason
     5  of the person's having been convicted of perjury or subornation
     6  of or solicitation to commit perjury, but such conviction may be
     7  shown for the purpose of affecting the person's credibility.
     8     SECTION 2.  THE AMENDMENT OF 42 PA.C.S. § 5912 SHALL APPLY TO  <--
     9  ALL CRIMINAL CASES PENDING ON THE EFFECTIVE DATE OF THIS ACT.
    10     Section 2 3.  This act shall take effect in 60 days            <--
    11  IMMEDIATELY.                                                      <--













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