AN ACT

 

1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, <-in depositions and 
3witnesses, further providing for declaration of policy, for 
4definitions and for victims of sexual or physical abuse; and
5in post-trial matters, further providing for report by
6district attorney.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

<-9Section 1. Section 9561(b) of Title 42 of the Pennsylvania
10Consolidated Statutes is amended to read:

<-11Section 1. Section 5981 of Title 42 of the Pennsylvania
12Consolidated Statutes is amended to read:

13§ 5981. Declaration of policy.

14In order to promote the best interests of the [children of
15this Commonwealth] residents of this Commonwealth who are under 
1618 years of age, especially those [children] who are material
17witnesses to or victims of crimes, the General Assembly declares
18its intent, in this subchapter, to provide [these children],

1where necessity is shown, procedures which will protect them
2during their involvement with the criminal justice system. The
3General Assembly urges the news media to use significant
4restraint and caution in revealing the identity or address of
5children who are victims of or witnesses to crimes or other
6information that would reveal the name or address of the child
7victim or witness.

8Section 2. Section 5982 of Title 42 is amended by adding a
9definition to read:

10§ 5982. Definitions.

11The following words and phrases when used in this subchapter
12shall have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14* * *

15"Minor." An individual who, at the time of the commission of
16the offense involving sexual or physical abuse, is under 18
17years of age.

18* * *

19Section 3. Sections 5988 and 9561(b) of Title 42 are amended
20to read:

21§ 5988. Victims of sexual or physical abuse.

22(a) Release of name prohibited.--Notwithstanding any other
23provision of law to the contrary, in a prosecution involving [a
24child victim of sexual or physical abuse, unless the court
25otherwise orders, the name of the child victim shall not be
26disclosed by officers or employees of the court to the public,
27and any records revealing the name of the child victim will not
28be open to public inspection.] a minor victim of sexual or 
29physical abuse, the name of the minor victim shall not be 
30disclosed by officers or employees of the court to the public,
 

1and any records revealing the name of the minor victim shall not 
2be open to public inspection.

3(a.1) Application of section.--The provisions of this
4section shall apply to a prosecution involving a minor victim
5regardless of the date of the commencement of the prosecution.

6(a.2) Waiver.--A minor victim who is 18 years of age or
7older at the time of the commencement of the prosecution may
8waive the provisions of this section and allow the court to
9release the name of the minor victim. The court shall develop
10procedures to implement the provisions of this subsection.

11(b) Penalty.--Any person who violates this section commits a
12misdemeanor of the third degree.

13§ 9561. Report by district attorney.

14* * *

15(b) Definitions.--The following words and phrases when used
16in this section shall have the meanings given to them in this
17subsection unless the context clearly indicates otherwise:

18"Health care professional." A person licensed, certified or
19registered by any of the State boards as defined in this
20section.

21"State board." Includes the following departmental
22administrative boards within the Department of State: the State
23Board of Medicine, the State Board of Osteopathic Medicine, the
24State Board of Dentistry, the State Board of Podiatry, the State
25Board of Pharmacy, the State Board of Nursing, the State Board
26of Physical Therapy, the State Board of Occupational Therapy
27Education and Licensure, the State Board of [Optometrical
28Examiners, the State Board of Examiners of Nursing Home
29Administrators, the State Board of Chiropractic Examiners, the
30State Board of Psychologist Examiners and the State Board of

1Examiners in Speech-Language and Hearing.] Optometry, the State 
2Board of Examiners of Nursing Home Administrators, the State 
3Board of Chiropractic, the State Board of Psychology, the State 
4Board of Massage Therapy, State Board of Social Workers, 
5Marriage and Family Therapists and Professional Counselors, the 
6State Board of Examiners in Speech-Language and Hearing and any 
7other health-related administrative board which issues 
8professional or occupational licenses within the Department of 
9State.

10Section <-2 4. This act shall take effect in 60 days.