PRINTER'S NO. 400
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
431
Session of
2019
INTRODUCED BY LANGERHOLC, BROWNE, K. WARD, BREWSTER, MENSCH,
SCHWANK, PHILLIPS-HILL, STEFANO AND YUDICHAK, MARCH 12, 2019
REFERRED TO JUDICIARY, MARCH 12, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in sexual offenses, further providing
for evidence of victim's sexual conduct.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3104 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 3104. Evidence of victim's sexual conduct.
(a) General rule.--Evidence of specific instances of the
alleged victim's past sexual conduct, past sexual victimization,
allegations of past sexual victimization, opinion evidence of
the alleged victim's past sexual conduct, and reputation
evidence of the alleged victim's past sexual conduct shall not
be admissible in prosecutions [under this chapter] of any
offense listed in subsection (c) except evidence of the alleged
victim's past sexual conduct with the defendant where consent of
the alleged victim is at issue and such evidence is otherwise
admissible pursuant to the rules of evidence.
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(b) Evidentiary proceedings.--A defendant who proposes to
offer evidence of the alleged victim's past sexual conduct, past
sexual victimization, allegations of past sexual victimization,
opinion evidence of the alleged victim's past sexual conduct and
reputation evidence of the alleged victim's past sexual conduct
pursuant to subsection (a) shall file a written motion and offer
of proof at the time of trial. If, at the time of trial, the
court determines that the motion and offer of proof are
sufficient on their faces, the court shall order an in camera
hearing and shall make findings on the record as to the
relevance and admissibility of the proposed evidence pursuant to
the standards set forth in subsection (a).
(c) Applicability.--This section shall apply to prosecutions
of any of the following offenses, including conspiracy, attempt
or solicitation to commit any of the following offenses,
enumerated in this title:
Chapter 27 (relating to assault).
Chapter 29 (relating to kidnapping).
Chapter 30 (relating to human trafficking).
Chapter 31 (relating to sexual offenses).
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).
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Section 2. This act shall take effect in 60 days.
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