PRINTER'S NO. 59
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
81
Session of
2021
INTRODUCED BY LANGERHOLC, BAKER, K. WARD, BARTOLOTTA, MARTIN,
MENSCH, STEFANO, J. WARD, PHILLIPS-HILL, MUTH, SANTARSIERO,
CAPPELLETTI AND TARTAGLIONE, JANUARY 22, 2021
REFERRED TO JUDICIARY, JANUARY 22, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in depositions and
witnesses, further providing for expert testimony in certain
criminal proceedings.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5920(a) and (b)(1) of Title 42 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding a subsection to read:
§ 5920. Expert testimony in certain criminal proceedings.
(a) Scope.--This section applies to all of the following:
(1) A criminal proceeding for [an offense for which
registration is required] any crime listed under [Subchapter
H] Subchapter H (relating to registration of sexual
offenders) or I (relating to continued registration of sexual
offenders) of Chapter 97 [(relating to registration of sexual
offenders)].
(2) A criminal proceeding for an offense [under 18
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Pa.C.S. Ch. 31 (relating to sexual offenses).], including
attempt, solicitation or conspiracy, under any of the
following provisions of 18 Pa.C.S. (relating to crimes and
offenses):
(i) Chapter 30 (relating to human trafficking), if
the offense involved sexual servitude.
(ii) Chapter 31 (relating to sexual offenses).
(iii) Section 4302 (relating to incest).
(iv) Section 4304 (relating to endangering welfare
of children), if the offense involved sexual contact with
the victim.
(v) Section 5902(b) or (b.1) (relating to
prostitution and related offenses).
(vi) Section 6301(a)(1)(i) (relating to corruption
of minors), if the offense involved sexual contact with
the victim.
(vii) Section 6301(a)(1)(ii).
(viii) Section 6312 (relating to sexual abuse of
children).
(ix) Section 6318 (relating to unlawful contact with
minor).
(x) Section 6320 (relating to sexual exploitation of
children).
(3) A criminal proceeding for a domestic violence
offense.
(b) Qualifications and use of experts.--
(1) In a criminal proceeding subject to this section, a
witness may be qualified by the court as an expert if the
witness has specialized knowledge beyond that possessed by
the average layperson based on the witness's experience with,
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or specialized training or education in, criminal justice,
behavioral sciences or victim services issues, related to
sexual violence or domestic violence, that will assist the
trier of fact in understanding the dynamics of sexual
violence or domestic violence, victim responses to sexual
violence or domestic violence and the impact of sexual
violence or domestic violence on victims during and after
being assaulted.
* * *
(c) Definitions.--As used in this section, the term
"domestic violence" means an offense under 18 Pa.C.S. § 2701
(relating to simple assault), 2702 (relating to aggravated
assault) , 2709.1 (relating to stalking) or 2718 (relating to
strangulation) perpetrated against a family or household member,
as that term is defined in 23 Pa.C.S. § 6102 (relating to
definitions).
Section 2. This act shall take effect in 60 days.
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