Bill Text: PA HB2255 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for expert testimony in certain criminal proceedings.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-09-28 - Re-committed to APPROPRIATIONS [HB2255 Detail]

Download: Pennsylvania-2009-HB2255-Introduced.html

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PRINTER'S NO. 3221
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2255 Session of2010
INTRODUCED BY PARKER, HARPER, ADOLPH, BEYER, BISHOP, BOYLE, BRADFORD, BRENNAN, BRIGGS, BROWN, CARROLL, CLYMER, CREIGHTON, DiGIROLAMO, DONATUCCI, FARRY, FLECK, FRANKEL, FREEMAN, GALLOWAY, GEIST, GINGRICH, GOODMAN, HARHART, HENNESSEY, HESS, HORNAMAN, JOHNSON, JOSEPHS, KOTIK, KULA, LENTZ, McGEEHAN, MELIO, MICOZZIE, MILLER, MIRABITO, MOUL, MURT, MYERS, M. O'BRIEN, O'NEILL, PHILLIPS, QUINN, RAPP, READSHAW, ROCK, ROSS, SANTONI, SIPTROTH, K. SMITH, VEREB, VULAKOVICH, WATSON, WHEATLEY, WILLIAMS AND YOUNGBLOOD, FEBRUARY 18, 2010
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 18, 2010
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, providing for expert
testimony in certain criminal proceedings.
The General Assembly finds and declares as follows:
(1) Research indicates that victims of sex crimes behave
in any number of ways, but because of the prevalence and
persistence of myths regarding sex crimes, jurors often
perceive common victim behaviors as counterintuitive and
compelling evidence of a victim's lack of credibility.
(2) To overcome these myths and misunderstandings
related to victim behavior, many courts have recognized that
expert testimony is necessary to provide jurors with the
proper context in which to evaluate a victim's behaviors.
(3) Without an accurate context in which to evaluate
victim behaviors, it is common for jurors to fail to
recognize a victim's behavior as a common response to trauma.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section 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 under section 9795.1 (relating to
registration).
(2) A criminal proceeding for an offense under 18
Pa.C.S. § 3122.1 (relating to statutory sexual assault).
(b) Rule.--In an action subject to this section, testimony
by an expert qualified by the court regarding any recognized and
accepted form of post-traumatic stress disorder and any
recognized and accepted counterintuitive victim behavior shall
be admissible.
Section 2. The addition of 42 Pa.C.S. § 5920 shall apply to
actions initiated on or after the effective date of this
section.
Section 3. This act shall take effect in 60 days.
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