H1201B1506A01139 BIL:JMM 04/17/13 #90 A01139







Printer's No. 1506


1Amend Bill, page 1, line 2, by inserting after "Statutes,"

2 in depositions and witnesses, further providing for 
3declaration of policy, for definitions and for victims of 
4sexual or physical abuse; and

5Amend Bill, page 1, lines 6 and 7, by striking out all of
6said lines and inserting

7Section 1. Section 5981 of Title 42 of the Pennsylvania
8Consolidated Statutes is amended to read:

9§ 5981. Declaration of policy.

10In order to promote the best interests of the [children of
11this Commonwealth] residents of this Commonwealth who are under 
1218 years of age, especially those [children] who are material
13witnesses to or victims of crimes, the General Assembly declares
14its intent, in this subchapter, to provide [these children],
15where necessity is shown, procedures which will protect them
16during their involvement with the criminal justice system. The
17General Assembly urges the news media to use significant
18restraint and caution in revealing the identity or address of
19children who are victims of or witnesses to crimes or other
20information that would reveal the name or address of the child
21victim or witness.

22Section 2. Section 5982 of Title 42 is amended by adding a
23definition to read:

24§ 5982. Definitions.

25The following words and phrases when used in this subchapter
26shall have the meanings given to them in this section unless the
27context clearly indicates otherwise:

28* * *

29"Minor." An individual who, at the time of the commission of
30the offense involving sexual or physical abuse, is under 18
31years of age.

32* * *

33Section 3. Sections 5988 and 9561(b) of Title 42 are amended
34to read:

35§ 5988. Victims of sexual or physical abuse.

36(a) Release of name prohibited.--Notwithstanding any other
37provision of law to the contrary, in a prosecution involving [a

1child victim of sexual or physical abuse, unless the court
2otherwise orders, the name of the child victim shall not be
3disclosed by officers or employees of the court to the public,
4and any records revealing the name of the child victim will not
5be open to public inspection.] a minor victim of sexual or 
6physical abuse, the name of the minor victim shall not be 
7disclosed by officers or employees of the court to the public, 
8and any records revealing the name of the minor victim shall not 
9be open to public inspection.

10(a.1) Application of section.--The provisions of this
11section shall apply to a prosecution involving a minor victim
12regardless of the date of the commencement of the prosecution.

13(a.2) Waiver.--A minor victim who is 18 years of age or
14older at the time of the commencement of the prosecution may
15waive the provisions of this section and allow the court to
16release the name of the minor victim. The court shall develop
17procedures to implement the provisions of this subsection.

18(b) Penalty.--Any person who violates this section commits a
19misdemeanor of the third degree.

20Amend Bill, page 2, line 17, by striking out "2" and 

22 4


See A01139 in
the context
of HB1201