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Pennsylvania · Through 2026-08-03 (Statute Update stamp, 42 Pa.C.S.)

42 Pa.C.S. § 9738: Victim impact statements.

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Where this section sits in the code
  1. Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
  2. PART VIII CRIMINAL PROCEEDINGS
  3. CHAPTER 97 SENTENCING
  4. SUBCHAPTER D INFORMATIONAL BASIS OF SENTENCE

(a) General rule.--Notwithstanding any other statute, rule or provision of law to the contrary, in the trial of a defendant accused of an offense, including an offense subject to sentence under section 9711 (relating to sentencing procedure for murder of the first degree), a court shall not order the exclusion of any victim of the offense from the trial on the basis that the victim may, during the sentencing phase of the proceedings:

(1) make a victim impact statement or present any victim impact information in relation to the sentence to be imposed on the defendant; or

(2) testify as to the effect of the offense on the victim or the family of the victim.

(b) Definition.--As used in this section, the term "victim" shall mean a "victim" as defined in:

(1) 18 Pa.C.S. § 1106 (relating to restitution for injuries to person or property); or

(2) 18 Pa.C.S. § 3001 (relating to definitions).

Collected 2026-09-02T16:33:14Z. Source file · JSON

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