§ 9738. Victim impact statements.
(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) section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act; 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)
2014 Amendment. Act 105 amended subsec. (b).
1997 Amendment. Act 28 added section 9738.
References in Text. Section 479.1 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, referred to in subsec. (b), was repealed by the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act. The subject matter is now contained in Act 111.
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