PRINTER'S NO. 543
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
580
Session of
2021
INTRODUCED BY SCHROEDER, BROOKS, GLEIM, HILL-EVANS, JOZWIAK,
PICKETT, POLINCHOCK, ROWE, RYAN, SMITH, THOMAS AND TOPPER,
FEBRUARY 22, 2021
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 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 of Title 42 of the Pennsylvania
Consolidated Statutes is amended 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] listed under Subchapter H of
Chapter 97 (relating to registration of sexual offenders) or
Subchapter I of Chapter 97 (relating to continued
registration of sexual offenders).
(2) A criminal proceeding for an offense [under 18
Pa.C.S. Ch. 31 (relating to sexual offenses).], including
attempt, solicitation or conspiracy, under any of the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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,
or specialized training or education in, criminal justice,
behavioral sciences or victim services issues, related to
20210HB0580PN0543 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
(2) If qualified as an expert, the witness may testify
to facts and opinions regarding specific types of victim
responses and victim behaviors.
(3) The witness's opinion regarding the credibility of
any other witness, including the victim, shall not be
admissible.
(4) A witness qualified by the court as an expert under
this section may be called by the attorney for the
Commonwealth or the defendant to provide the expert
testimony.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Domestic violence." 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 family or household members,
as defined in 23 Pa.C.S. § 6102(a) (relating to definitions).
Section 2. This act shall take effect in 60 days.
20210HB0580PN0543 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25