PRINTER'S NO. 3447
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2342
Session of
2020
INTRODUCED BY OWLETT, PICKETT, ROTHMAN, COX, BURGOS, TOOHIL,
GLEIM, KIM AND JOZWIAK, MARCH 10, 2020
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 10, 2020
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in depositions and
witnesses, further providing for admissibility of certain
statements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5985.1(a) of Title 42 of the Pennsylvania
Consolidated Statutes, amended June 28, 2019 (P.L.231, No.31),
is amended to read:
ยง 5985.1. Admissibility of certain statements.
(a) General rule.--
(1) An out-of-court statement made by a child victim or
witness, who at the time the statement was made was [12] 16
years of age or younger, describing any of the offenses
enumerated in paragraph (2), not otherwise admissible by
statute or rule of evidence, is admissible in evidence in any
criminal or civil proceeding if:
(i) the court finds, in an in camera hearing, that
the evidence is relevant and that the time, content and
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circumstances of the statement provide sufficient indicia
of reliability; and
(ii) the child either:
(A) testifies at the proceeding; or
(B) is unavailable as a witness.
(2) The following offenses under 18 Pa.C.S. (relating to
crimes and offenses) shall apply to paragraph (1):
Chapter 25 (relating to criminal homicide).
Chapter 27 (relating to assault).
Chapter 29 (relating to kidnapping).
Chapter 30 (relating to human trafficking).
Chapter 31 (relating to sexual offenses).
Chapter 35 (relating to burglary and other criminal
intrusion).
Chapter 37 (relating to robbery).
Section 4302 (relating to incest).
Section 4304 (relating to endangering welfare of
children), if the offense involved sexual contact with the
victim.
Section 6301(a)(1)(ii) (relating to corruption of
minors).
Section 6312(b) (relating to sexual abuse of children).
Section 6318 (relating to unlawful contact with minor).
Section 6320 (relating to sexual exploitation of
children).
* * *
Section 2. This act shall take effect in 60 days.
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