Pennsylvania SB 431: 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.

Bill Text

2019-2020 Regular Session SB 431 PN 0400 Bill Text (HTM) 

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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:

§ 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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