HOUSE AMENDED
PRIOR PRINTER'S NOS. 1606, 1693, 1769 PRINTER'S NO. 2401
No. 1322 Session of 1995
INTRODUCED BY GREENLEAF, O'PAKE, HECKLER, LEMMOND, ANDREZESKI,
BELL, CORMAN, DELP, MUSTO, PICCOLA, SCHWARTZ, FISHER, KASUNIC
AND HART, NOVEMBER 29, 1995
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 13, 1996
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, reenacting and amending <--
3 provisions relating to child victims and witnesses.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5981 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 5981. Declaration of policy.
9 In order to promote the best interests of the children of
10 this Commonwealth [and], in recognition of the necessity of <--
11 affording to children], ESPECIALLY THOSE CHILDREN who are <--
12 material witnesses to or victims of crimes [additional <--
13 consideration and different treatment from that of adults], and <--
14 in order to implement the constitutional amendment adopted on
15 November 7, 1995, the General Assembly declares its intent, this
16 subchapter, to provide these children [with additional rights <--
17 and protections], WHERE NECESSITY IS SHOWN, PROCEDURES WHICH <--
1 WILL PROTECT THEM during their involvement with the criminal
2 justice system. The General Assembly urges the news media to use
3 restraint in revealing the identity or address of children who
4 are victims of or witnesses to crimes.
5 Section 2. The definition of "child" or "children" in
6 section 5982 of Title 42 is amended to read:
7 § 5982. Definitions.
8 The following words and phrases when used in this subchapter
9 shall have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Child" or "children." An individual or individuals under
12 [14] 16 years of age. [In the case of an individual from 14 to
13 15 years of age, there shall be a rebuttable presumption that
14 the individual will benefit from the use of procedures in
15 sections 5984 (relating to videotaped depositions) and 5985
16 (relating to testimony by closed-circuit television). In the
17 case of an individual from 16 to 17 years of age, there shall be
18 a rebuttable presumption that the individual will not benefit
19 from the use of procedures in sections 5984 and 5985.]
20 * * *
21 Section 3. Sections 5984 and 5985 of Title 42 are reenacted <--
22 and amended to read:
23 SECTION 3. SECTION 5984 OF TITLE 42 IS AMENDED TO READ: <--
24 § 5984. Videotaped depositions.
25 (a) Depositions.--[In] SUBJECT TO SUBSECTION (A.1), IN any <--
26 prosecution OR ADJUDICATION involving a child victim or child <--
27 material witness, the court may[, for good cause shown,] order
28 the taking of a videotaped deposition of the CHILD victim or <--
29 CHILD material witness [on motion of the [child through his <--
30 parent or guardian, or where applicable, the child's advocate or
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1 the] attorney for the Commonwealth]. The attorney for the <--
2 Commonwealth shall establish through the presentation of
3 evidence that because of significant trauma and emotional
4 distress, it would be reasonably likely to make the child unable
5 to testify in the presence of the defendant. The attorney for
6 the Commonwealth and the defendant may present expert testimony.
7 Such videotaped depositions, if taken for use at the preliminary
8 hearing, may be used only at the preliminary hearing in lieu of
9 the testimony of the child. If such videotaped deposition is
10 taken for use at trial, it may be used only at the trial in lieu
11 of the testimony of the child. The depositions shall be taken
12 UNDER OATH OR AFFIRMATION before the court in chambers or in a <--
13 special facility designed for taking the depositions of
14 children. Only the attorneys for the defendant and for the
15 Commonwealth, persons necessary to operate the equipment[,] and <--
16 a qualified shorthand reporter [and any person whose presence <--
17 would contribute to the welfare and well-being of the child,
18 including persons designated under section 5983 (relating to
19 rights and services),] may be present in the room with the child <--
20 during his deposition. Where appropriate, the court may allow <--
21 any person whose presence would contribute to the welfare and
22 well-being of the child, including persons designated under
23 section 5983 (relating to rights and services), to be present in
24 the room with the child. The court shall permit the defendant to
25 observe and hear the testimony of the child [in person] but
26 shall ensure that the child cannot hear or see the defendant.
27 Examination and cross-examination of the child shall proceed in
28 the same manner as permitted at trial. The court shall make
29 certain that the defendant and defense counsel have adequate
30 opportunity to communicate for the purposes of providing an
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1 effective defense.
2 (A.1) DETERMINATION.--BEFORE THE COURT ORDERS THE CHILD <--
3 VICTIM OR THE CHILD MATERIAL WITNESS TO TESTIFY BY VIDEOTAPED
4 DEPOSITION, THE COURT MUST DETERMINE, BASED ON EVIDENCE
5 PRESENTED TO IT, THAT TESTIFYING IN THE DEFENDANT'S PRESENCE
6 WILL RESULT IN THE CHILD SUFFERING SERIOUS EMOTIONAL DISTRESS
7 SUCH THAT THE CHILD VICTIM OR CHILD MATERIAL WITNESS CANNOT
8 REASONABLY COMMUNICATE. IN MAKING THIS DETERMINATION, THE COURT
9 MAY DO ALL OF THE FOLLOWING:
10 (1) OBSERVE AND QUESTION THE CHILD VICTIM OR CHILD
11 MATERIAL WITNESS, EITHER INSIDE OR OUTSIDE THE COURTROOM.
12 (2) HEAR TESTIMONY OF A PARENT OR CUSTODIAN OR ANY OTHER
13 PERSON, SUCH AS A PERSON WHO HAS DEALT WITH THE CHILD VICTIM
14 OR CHILD MATERIAL WITNESS IN A MEDICAL OR THERAPEUTIC
15 SETTING.
16 (A.2) COUNSEL AND CONFRONTATION.--
17 (1) IF THE COURT OBSERVES OR QUESTIONS THE CHILD VICTIM
18 OR CHILD MATERIAL WITNESS UNDER SUBSECTION (A.1)(1), THE
19 ATTORNEY FOR THE DEFENDANT AND THE ATTORNEY FOR THE
20 COMMONWEALTH HAVE THE RIGHT TO BE PRESENT; BUT THE COURT
21 SHALL NOT PERMIT THE DEFENDANT TO BE PRESENT.
22 (2) IF THE COURT HEARS TESTIMONY UNDER SUBSECTION
23 (A.1)(2), THE DEFENDANT, THE ATTORNEY FOR THE DEFENDANT AND
24 THE ATTORNEY FOR THE COMMONWEALTH HAVE THE RIGHT TO BE
25 PRESENT.
26 (b) Effect of order.--If the court orders the deposition of
27 a child to be taken under subsection (a), the child may not be
28 required to testify in court at the proceeding for which the
29 deposition was taken.
30 SECTION 4. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ: <--
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1 § 5984.1. TESTIMONY BY VIDEOTAPED RECORDING.
2 (A) VIDEOTAPE.--SUBJECT TO SUBSECTION (B), IN ANY
3 PROSECUTION OR ADJUDICATION INVOLVING A CHILD VICTIM OR CHILD
4 MATERIAL WITNESS, THE COURT MAY ORDER THE TAKING OF THE CHILD
5 VICTIM'S OR CHILD MATERIAL WITNESS'S TESTIMONY BY VIDEOTAPED
6 RECORDING. THE TESTIMONY SHALL BE TAKEN UNDER OATH OR
7 AFFIRMATION BEFORE THE COURT IN CHAMBERS OR IN A SPECIAL
8 FACILITY DESIGNED FOR TAKING THE VIDEOTAPED TESTIMONY OF
9 CHILDREN. ONLY THE ATTORNEYS FOR THE DEFENDANT AND FOR THE
10 COMMONWEALTH, PERSONS NECESSARY TO OPERATE THE EQUIPMENT, A
11 QUALIFIED SHORTHAND REPORTER AND ANY PERSON WHOSE PRESENCE WOULD
12 CONTRIBUTE TO THE WELFARE AND WELL-BEING OF THE CHILD, INCLUDING
13 PERSONS DESIGNATED UNDER SECTION 5983 (RELATING TO RIGHTS AND
14 SERVICES), MAY BE PRESENT IN THE ROOM WITH THE CHILD DURING
15 TESTIMONY. THE COURT SHALL PERMIT THE DEFENDANT TO OBSERVE AND
16 HEAR THE TESTIMONY OF THE CHILD BUT SHALL ENSURE THAT THE CHILD
17 CANNOT HEAR OR SEE THE DEFENDANT. EXAMINATION AND CROSS-
18 EXAMINATION OF THE CHILD SHALL PROCEED IN THE SAME MANNER AS
19 PERMITTED AT TRIAL. THE COURT SHALL MAKE CERTAIN THAT THE
20 DEFENDANT AND DEFENSE COUNSEL HAVE ADEQUATE OPPORTUNITY TO
21 COMMUNICATE FOR THE PURPOSE OF PROVIDING AN EFFECTIVE DEFENSE.
22 (B) DETERMINATION.--BEFORE THE COURT ORDERS THE CHILD VICTIM
23 OR THE CHILD MATERIAL WITNESS TO TESTIFY BY VIDEOTAPED
24 RECORDING, THE COURT MUST DETERMINE, BASED ON EVIDENCE PRESENTED
25 TO IT, THAT TESTIFYING IN THE DEFENDANT'S PRESENCE WILL RESULT
26 IN THE CHILD SUFFERING SERIOUS EMOTIONAL DISTRESS SUCH THAT THE
27 CHILD VICTIM OR CHILD MATERIAL WITNESS CANNOT REASONABLY
28 COMMUNICATE. IN MAKING THIS DETERMINATION, THE COURT MAY DO ANY
29 OF THE FOLLOWING:
30 (1) OBSERVE AND QUESTION THE CHILD VICTIM OR CHILD
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1 MATERIAL WITNESS, EITHER INSIDE OR OUTSIDE THE COURTROOM.
2 (2) HEAR TESTIMONY OF A PARENT OR CUSTODIAN OR ANY OTHER
3 PERSON, SUCH AS A PERSON WHO HAS DEALT WITH THE CHILD VICTIM
4 OR CHILD MATERIAL WITNESS IN A MEDICAL OR THERAPEUTIC
5 SETTING.
6 (C) COUNSEL AND CONFRONTATION.--
7 (1) IF THE COURT OBSERVES OR QUESTIONS THE CHILD VICTIM
8 OR CHILD MATERIAL WITNESS UNDER SUBSECTION (B)(1), THE
9 ATTORNEY FOR THE DEFENDANT AND THE ATTORNEY FOR THE
10 COMMONWEALTH HAVE THE RIGHT TO BE PRESENT; BUT THE COURT
11 SHALL NOT PERMIT THE DEFENDANT TO BE PRESENT.
12 (2) IF THE COURT HEARS TESTIMONY UNDER SUBSECTION
13 (B)(2), THE DEFENDANT, THE ATTORNEY FOR THE DEFENDANT AND THE
14 ATTORNEY FOR THE COMMONWEALTH HAVE THE RIGHT TO BE PRESENT.
15 (D) EFFECT OF ORDER.--IF THE COURT ORDERS THE TESTIMONY OF A
16 CHILD TO BE TAKEN UNDER SUBSECTION (A), THE CHILD MAY NOT BE
17 REQUIRED TO TESTIFY IN COURT AT THE PROCEEDING FOR WHICH THE
18 TESTIMONY WAS TAKEN.
19 SECTION 5. SECTIONS 5985, 5985.1, 5986 AND 5987 OF TITLE 42
20 ARE AMENDED TO READ:
21 § 5985. Testimony by closed-circuit television.
22 (a) Closed-circuit television.--[The child victim or <--
23 material witness, through [his parent or guardian, or, where <--
24 applicable, the child's advocate or] the attorney for the <--
25 Commonwealth may move[, for good cause shown,] SUBJECT TO <--
26 SUBSECTION (A.1), IN ANY PROSECUTION OR ADJUDICATION INVOLVING A
27 CHILD VICTIM OR A CHILD MATERIAL WITNESS, THE COURT MAY ORDER
28 that the testimony of [a child] THE CHILD VICTIM OR CHILD <--
29 MATERIAL WITNESS be taken UNDER OATH OR AFFIRMATION in a room <--
30 other than the courtroom and televised by closed-circuit
19950S1322B2401 - 6 -
1 equipment to be viewed by the court and the finder of fact in
2 the proceeding. The attorney for the Commonwealth shall <--
3 establish through the presentation of evidence that because of
4 significant trauma and emotional distress, it would be
5 reasonably likely to make the child unable to testify in the
6 presence of the defendant. The attorney for the Commonwealth and
7 the defendant may present expert testimony. Only the attorneys
8 for the defendant and for the Commonwealth, the court reporter,
9 the judge[,] and persons necessary to operate the equipment [and <--
10 any person whose presence would contribute to the welfare and
11 well-being of the child, including persons designated under
12 section 5983 (relating to rights and services),] may be present <--
13 in the room with the child during his testimony. Where <--
14 appropriate, the court may allow any person whose presence would
15 contribute to the welfare and well-being of the child, including
16 persons designated under section 5983 (relating to rights and
17 services), to be present in the room with the child. The court
18 shall permit the defendant to observe and hear the testimony of
19 the child [in person] but shall ensure that the child cannot
20 hear or see the defendant. The court shall make certain that the
21 defendant and defense counsel have adequate opportunity to
22 communicate for the purposes of providing an effective defense.
23 Examination and cross-examination of the child shall proceed in
24 the same manner as permitted at trial.
25 (A.1) DETERMINATION.--BEFORE THE COURT ORDERS THE CHILD <--
26 VICTIM OR THE CHILD MATERIAL WITNESS TO TESTIFY BY CLOSED-
27 CIRCUIT TELEVISION, THE COURT MUST DETERMINE, BASED ON EVIDENCE
28 PRESENTED TO IT, THAT TESTIFYING IN THE DEFENDANT'S PRESENCE
29 WILL RESULT IN THE CHILD SUFFERING SERIOUS EMOTIONAL DISTRESS
30 SUCH THAT THE CHILD VICTIM OR CHILD MATERIAL WITNESS CANNOT
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1 REASONABLY COMMUNICATE. IN MAKING THIS DETERMINATION, THE COURT
2 MAY DO ALL OF THE FOLLOWING:
3 (1) OBSERVE AND QUESTION THE CHILD VICTIM OR CHILD
4 MATERIAL WITNESS, EITHER INSIDE OR OUTSIDE THE COURTROOM.
5 (2) HEAR TESTIMONY OF A PARENT OR CUSTODIAN OR ANY OTHER
6 PERSON, SUCH AS A PERSON WHO HAS DEALT WITH THE CHILD VICTIM
7 OR CHILD MATERIAL WITNESS IN A MEDICAL OR THERAPEUTIC
8 SETTING.
9 (A.2) COUNSEL AND CONFRONTATION.--
10 (1) IF THE COURT OBSERVES OR QUESTIONS THE CHILD VICTIM
11 OR CHILD MATERIAL WITNESS UNDER SUBSECTION (A.1)(1), THE
12 ATTORNEY FOR THE DEFENDANT AND THE ATTORNEY FOR THE
13 COMMONWEALTH HAVE THE RIGHT TO BE PRESENT; BUT THE COURT
14 SHALL NOT PERMIT THE DEFENDANT TO BE PRESENT.
15 (2) IF THE COURT HEARS TESTIMONY UNDER SUBSECTION
16 (A.1)(2), THE DEFENDANT, THE ATTORNEY FOR THE DEFENDANT AND
17 THE ATTORNEY FOR THE COMMONWEALTH HAVE THE RIGHT TO BE
18 PRESENT.
19 (b) Effect of order.--If the court orders the testimony of a
20 child to be taken under subsection (a), the child may not be
21 required to testify in court at the proceeding for which the
22 testimony was taken.
23 Section 4. The provisions of 42 Pa.C.S. §§ 5984 and 5985 are <--
24 reenacted to implement the constitutional amendment to section 9
25 of Article I of the Constitution of Pennsylvania adopted by the
26 qualified electors of this Commonwealth on November 7, 1995.
27 Section 5. This act shall take effect immediately.
28 § 5985.1. ADMISSIBILITY OF CERTAIN STATEMENTS. <--
29 (A) GENERAL RULE.--AN OUT-OF-COURT STATEMENT MADE BY A CHILD
30 VICTIM OR WITNESS, WHO AT THE TIME THE STATEMENT WAS MADE WAS 12
19950S1322B2401 - 8 -
1 YEARS OF AGE OR YOUNGER, DESCRIBING PHYSICAL ABUSE, INDECENT
2 CONTACT[, SEXUAL INTERCOURSE OR DEVIATE SEXUAL INTERCOURSE] OR
3 ANY OF THE OFFENSES ENUMERATED IN 18 PA.C.S. CH. 31 (RELATING TO
4 SEXUAL OFFENSES) PERFORMED WITH OR ON THE CHILD BY ANOTHER, NOT
5 OTHERWISE ADMISSIBLE BY STATUTE OR RULE OF EVIDENCE, IS
6 ADMISSIBLE IN EVIDENCE IN ANY CRIMINAL PROCEEDING IF:
7 (1) [THE] THE COURT FINDS, IN AN IN CAMERA HEARING, THAT
8 THE EVIDENCE IS RELEVANT AND THAT THE TIME, CONTENT AND
9 CIRCUMSTANCES OF THE STATEMENT PROVIDE SUFFICIENT INDICIA OF
10 RELIABILITY[.]; AND
11 (2) [THE] THE CHILD EITHER:
12 (I) TESTIFIES AT THE PROCEEDING; OR
13 (II) IS UNAVAILABLE AS A WITNESS [AND THERE IS
14 CORROBORATIVE EVIDENCE OF THE ACT].
15 (A.1) EMOTIONAL DISTRESS.--BEFORE THE COURT MAKES A FINDING
16 UNDER SUBSECTION (A)(2)(II), THE COURT MUST DETERMINE, BASED ON
17 EVIDENCE PRESENTED TO IT, THAT TESTIMONY BY THE CHILD AS A
18 WITNESS WILL RESULT IN THE CHILD SUFFERING SERIOUS EMOTIONAL
19 DISTRESS SUCH THAT THE CHILD CANNOT REASONABLY COMMUNICATE. IN
20 MAKING THIS DETERMINATION, THE COURT MAY DO ALL OF THE
21 FOLLOWING:
22 (1) OBSERVE AND QUESTION THE CHILD VICTIM OR CHILD
23 MATERIAL WITNESS, EITHER INSIDE OR OUTSIDE THE COURTROOM.
24 (2) HEAR TESTIMONY OF A PARENT OR CUSTODIAN OR ANY OTHER
25 PERSON, SUCH AS A PERSON WHO HAS DEALT WITH THE CHILD VICTIM
26 OR CHILD MATERIAL WITNESS IN A MEDICAL OR THERAPEUTIC
27 SETTING.
28 (A.2) COUNSEL AND CONFRONTATION.--IF THE COURT HEARS
29 TESTIMONY IN CONNECTION WITH MAKING A FINDING UNDER SUBSECTION
30 (A)(2)(II), ALL OF THE FOLLOWING APPLY:
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1 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE DEFENDANT,
2 THE ATTORNEY FOR THE DEFENDANT AND THE ATTORNEY FOR THE
3 COMMONWEALTH HAVE THE RIGHT TO BE PRESENT.
4 (2) IF THE COURT OBSERVES OR QUESTIONS THE CHILD, THE
5 COURT SHALL NOT PERMIT THE DEFENDANT TO BE PRESENT.
6 (B) NOTICE REQUIRED.--A STATEMENT OTHERWISE ADMISSIBLE UNDER
7 SUBSECTION (A) SHALL NOT BE RECEIVED INTO EVIDENCE UNLESS THE
8 PROPONENT OF THE STATEMENT NOTIFIES THE ADVERSE PARTY OF THE
9 PROPONENT'S INTENTION TO OFFER THE STATEMENT AND THE PARTICULARS
10 OF THE STATEMENT SUFFICIENTLY IN ADVANCE OF THE PROCEEDING AT
11 WHICH THE PROPONENT INTENDS TO OFFER THE STATEMENT INTO EVIDENCE
12 TO PROVIDE THE ADVERSE PARTY WITH A FAIR OPPORTUNITY TO PREPARE
13 TO MEET THE STATEMENT.
14 § 5986. HEARSAY.
15 (A) GENERAL RULE.--A STATEMENT MADE BY A CHILD DESCRIBING
16 ACTS AND ATTEMPTED ACTS OF INDECENT CONTACT, SEXUAL INTERCOURSE
17 OR DEVIATE SEXUAL INTERCOURSE PERFORMED WITH OR ON THE CHILD BY
18 ANOTHER, NOT OTHERWISE ADMISSIBLE BY STATUTE OR COURT RULING, IS
19 ADMISSIBLE IN EVIDENCE IN A DEPENDENCY PROCEEDING INITIATED
20 UNDER CHAPTER 63 (RELATING TO JUVENILE MATTERS), INVOLVING THAT
21 CHILD OR OTHER MEMBERS OF THAT CHILD'S FAMILY, IF [A COURT FINDS
22 THAT THE TIME, CONTENT AND CIRCUMSTANCES OF THIS STATEMENT
23 PROVIDE SUFFICIENT INDICIA OF RELIABILITY.]:
24 (1) THE COURT FINDS, IN AN IN CAMERA HEARING, THAT THE
25 EVIDENCE IS RELEVANT AND THAT THE TIME, CONTENT AND
26 CIRCUMSTANCES OF THE STATEMENT PROVIDE SUFFICIENT INDICIA OF
27 RELIABILITY; AND
28 (2) THE CHILD EITHER:
29 (I) TESTIFIES AT THE PROCEEDING; OR
30 (II) IS FOUND BY THE COURT TO BE UNAVAILABLE AS A
19950S1322B2401 - 10 -
1 WITNESS.
2 (B) EMOTIONAL DISTRESS.--IN ORDER TO MAKE A FINDING UNDER
3 SUBSECTION (A)(2)(II) THAT THE CHILD IS UNAVAILABLE AS A WITNESS
4 THE COURT MUST DETERMINE, BASED ON EVIDENCE PRESENTED TO IT,
5 THAT TESTIMONY BY THE CHILD AS A WITNESS WILL RESULT IN THE
6 CHILD SUFFERING SERIOUS EMOTIONAL DISTRESS SUCH THAT THE CHILD
7 CANNOT REASONABLY COMMUNICATE. IN MAKING THIS DETERMINATION, THE
8 COURT MAY DO ALL OF THE FOLLOWING:
9 (1) OBSERVE AND QUESTION THE CHILD VICTIM OR CHILD
10 MATERIAL WITNESS, EITHER INSIDE OR OUTSIDE THE COURTROOM.
11 (2) HEAR TESTIMONY OF A PARENT OR CUSTODIAN OR ANY OTHER
12 PERSON, SUCH AS A PERSON WHO HAS DEALT WITH THE CHILD VICTIM
13 OR CHILD MATERIAL WITNESS IN A MEDICAL OR THERAPEUTIC
14 SETTING.
15 (C) COUNSEL AND CONFRONTATION.--IF THE COURT HEARS TESTIMONY
16 IN CONNECTION WITH MAKING A FINDING UNDER SUBSECTION (A)(2)(II),
17 ALL OF THE FOLLOWING APPLY:
18 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE DEFENDANT,
19 THE ATTORNEY FOR THE DEFENDANT AND THE ATTORNEY FOR THE
20 COMMONWEALTH HAVE THE RIGHT TO BE PRESENT.
21 (2) IF THE COURT OBSERVES OR QUESTIONS THE CHILD, THE
22 COURT SHALL NOT PERMIT THE DEFENDANT TO BE PRESENT.
23 § 5987. USE OF DOLLS.
24 IN ANY CRIMINAL PROCEEDING CHARGING [UNLAWFUL SEXUAL CONTACT
25 OR PENETRATION WITH OR ON A CHILD,] PHYSICAL ABUSE, INDECENT
26 CONTACT OR ANY OF THE OFFENSES ENUMERATED IN 18 PA.C.S. CH. 31
27 (RELATING TO SEXUAL OFFENSES) THE COURT SHALL PERMIT THE USE OF
28 ANATOMICALLY CORRECT DOLLS OR MANNEQUINS TO ASSIST AN ALLEGED
29 VICTIM IN TESTIFYING ON DIRECT EXAMINATION AND CROSS-
30 EXAMINATION.
19950S1322B2401 - 11 -
1 SECTION 6. THIS ACT SHALL APPLY TO ACTIONS COMMENCED ON OR
2 AFTER THE EFFECTIVE DATE OF THIS ACT.
3 SECTION 7. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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