(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).
(June 25, 1997, P.L.293, No.28, eff. imd.; July 2, 2014, P.L.945, No.105, eff. 60 days; Oct. 24, 2018, P.L.891, No.145, eff. imd.)
2018 Amendment. Act 145 amended subsec. (b).
1997 Amendment. Act 28 added section 9738.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Section 9701 - Short title of chapter
Section 9703 - Scope of chapter
Section 9711 - Sentencing procedure for murder of the first degree
Section 9711.1 - Sentencing for certain murders of infant persons
Section 9712 - Sentences for offenses committed with firearms
Section 9712.1 - Sentences for certain drug offenses committed with firearms
Section 9713 - Sentences for offenses committed on public transportation
Section 9714 - Sentences for second and subsequent offenses
Section 9715 - Life imprisonment for homicide
Section 9716 - Two or more mandatory minimum sentences applicable
Section 9717 - Sentences for offenses against elderly persons
Section 9718 - Sentences for offenses against infant persons
Section 9718.1 - Sexual offender treatment
Section 9718.2 - Sentences for sexual offenders
Section 9718.3 - Sentence for failure to comply with registration of sexual offenders (Expired)
Section 9718.4 - Sentence for failure to comply with registration of sexual offenders
Section 9718.5 - Mandatory period of probation for certain sexual offenders
Section 9719 - Sentences for offenses committed while impersonating a law enforcement officer
Section 9719.1 - Sentences for offenses committed against law enforcement officer
Section 9720 - Sentencing for criminal mischief
Section 9720.1 - Restitution for identity theft (Repealed)
Section 9720.2 - Sentencing for trafficking of persons
Section 9720.3 - Sentencing for certain paroled offenders
Section 9720.4 - Sentencing for offenses committed in association with a criminal gang
Section 9720.5 - Sentencing for offenses involving sexual abuse of children
Section 9720.6 - Sentencing for arson offenses
Section 9720.7 - Sentencing for burglary
Section 9720.8 - Sentencing for offenses involving domestic violence in the presence of a minor
Section 9721 - Sentencing generally
Section 9722 - Order of probation
Section 9723 - Determination of guilt without further penalty
Section 9724 - Partial confinement
Section 9725 - Total confinement
Section 9727 - Disposition of persons found guilty but mentally ill
Section 9728 - Collection of restitution, reparation, fees, costs, fines and penalties
Section 9729 - Intermediate punishment (Repealed)
Section 9730 - Payment of court costs, restitution and fines
Section 9730.1 - Collection of court costs, restitution and fines by private collection agency
Section 9730.2 - Sentence of community service
Section 9730.3 - Counseling services for victims of sexual abuse (Repealed)
Section 9731 - Requirement for presentence investigation and report
Section 9732 - Contents of presentence report
Section 9733 - General principles of disclosure of presentence report
Section 9734 - Disclosure of presentence report to the parties
Section 9735 - Objections to contents of presentence report
Section 9736 - Report of psychiatric evaluation
Section 9737 - Report of outstanding charges and sentences
Section 9738 - Victim impact statements
Section 9751 - Sentencing judge
Section 9752 - Sentencing proceeding generally
Section 9753 - Determination of guilt without further penalty
Section 9754 - Order of probation
Section 9755 - Sentence of partial confinement
Section 9755.1 - Temporary release from county correctional institution
Section 9756 - Sentence of total confinement
Section 9757 - Consecutive sentences of total confinement for multiple offenses
Section 9760 - Credit for time served
Section 9761 - Computation and order of service of sentences
Section 9762 - Sentencing proceeding; place of confinement
Section 9763 - Conditions of probation
Section 9764 - Information required upon commitment and subsequent disposition
Section 9765 - Merger of sentences
Section 9771 - Modification or revocation of order of probation
Section 9771.1 - Court-imposed sanctions for violating probation
Section 9772 - Failure to pay fine
Section 9773 - Modification or revocation of county intermediate punishment sentence (Repealed)
Section 9774 - Revocation of State intermediate punishment sentence (Repealed)
Section 9775 - Parole without board supervision
Section 9776 - Judicial power to release inmates
Section 9777 - Transfer of inmates in need of medical treatment
Section 9781 - Appellate review of sentence
Section 9791 - Legislative findings and declaration of policy (Expired)
Section 9792 - Definitions (Expired)
Section 9793 - Registration of certain offenders for ten years (Deleted by amendment)
Section 9794 - Designation of sexually violent predators (Deleted by amendment)
Section 9795 - Registration of offenders (Deleted by amendment)
Section 9795.1 - Registration (Expired)
Section 9795.2 - Registration procedures and applicability (Expired)
Section 9795.3 - Sentencing court information (Expired)
Section 9795.4 - Assessments (Expired)
Section 9795.5 - Exemption from certain notifications (Expired)
Section 9796 - Verification of residence (Expired)
Section 9797 - Victim notification (Expired)
Section 9798 - Other notification (Expired)
Section 9798.1 - Information made available on the Internet and electronic notification (Expired)
Section 9798.2 - Administration (Expired)
Section 9798.3 - Global positioning system technology (Expired)
Section 9799 - Immunity for good faith conduct (Expired)
Section 9799.1 - Duties of Pennsylvania State Police (Expired)
Section 9799.2 - Duties of Pennsylvania Board of Probation and Parole (Expired)
Section 9799.3 - Board (Expired)
Section 9799.4 - Counseling of sexually violent predators (Expired)
Section 9799.5 - Exemption from notification (Deleted by amendment)
Section 9799.6 - Applicability (Deleted by amendment)
Section 9799.7 - Exemption from notification for certain licensees and their employees (Expired)
Section 9799.8 - Annual performance audit (Expired)
Section 9799.9 - Photographs and fingerprinting (Expired)
Section 9799.10 - Purposes of subchapter
Section 9799.11 - Legislative findings, declaration of policy and scope
Section 9799.13 - Applicability
Section 9799.14 - Sexual offenses and tier system
Section 9799.15 - Period of registration
Section 9799.17 - Termination of period of registration for juvenile offenders
Section 9799.18 - Information sharing
Section 9799.19 - Initial registration
Section 9799.20 - Duty to inform
Section 9799.23 - Court notification and classification requirements
Section 9799.25 - Verification by sexual offenders and Pennsylvania State Police
Section 9799.26 - Victim notification
Section 9799.27 - Other notification
Section 9799.28 - Public Internet website
Section 9799.29 - Administration
Section 9799.30 - Global positioning system technology
Section 9799.31 - Immunity for good faith conduct
Section 9799.32 - Pennsylvania State Police and Department of Corrections
Section 9799.33 - Duties of Department of Corrections and probation and parole officials
Section 9799.34 - Duties of facilities housing sexual offenders
Section 9799.36 - Counseling of sexually violent predators
Section 9799.37 - Exemption from notification for certain licensees and their employees
Section 9799.38 - Annual performance audit
Section 9799.39 - Photographs and fingerprinting
Section 9799.40 - Duties of Pennsylvania Commission on Sentencing
Section 9799.42 - Standing for Pennsylvania State Police
Section 9799.51 - Legislative findings and declaration of policy
Section 9799.54 - Applicability
Section 9799.55 - Registration
Section 9799.56 - Registration procedures and applicability
Section 9799.57 - Sentencing court information
Section 9799.59 - Exemption from certain notifications
Section 9799.60 - Verification of residence
Section 9799.61 - Victim notification
Section 9799.62 - Other notification
Section 9799.63 - Information made available on Internet and electronic notification
Section 9799.64 - Administration
Section 9799.65 - Global positioning system technology
Section 9799.66 - Immunity for good faith conduct
Section 9799.67 - Duties of Pennsylvania State Police
Section 9799.68 - Duties of Department of Corrections
Section 9799.70 - Counseling of sexually violent predators
Section 9799.71 - Exemption from notification for certain licensees and their employees
Section 9799.72 - Annual performance audit
Section 9799.73 - Photographs and fingerprinting