reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5943 - Confidential communications to clergymen

§ 5943. Confidential communications to clergymen.
No clergyman, priest, rabbi or minister of the gospel of any regularly established church or religious organization, except clergymen or ministers, who are self-ordained or who are members of religious organizations in which members other than the leader thereof are deemed clergymen or ministers, who while in the course of his duties has acquired information from any person secretly and in confidence shall be compelled, or allowed without consent of such person, to disclose that information in any legal proceeding, trial or investigation before any government unit.
Cross References.
Section 5943 is referred to in sections 4415, 4436 of this title; sections 566, 586 of Title 2 (Administrative Law and Procedure); section 6311.1 of Title 23 (Domestic Relations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5944 - Confidential communications to psychiatrists or licensed psychologists

§ 5944. Confidential communications to psychiatrists or licensed psychologists.
No psychiatrist or person who has been licensed under the act of March 23, 1972 (P.L.136, No.52), to practice psychology shall be, without the written consent of his client, examined in any civil or criminal matter as to any information acquired in the course of his professional services in behalf of such client. The confidential relations and communications between a psychologist or psychiatrist and his client shall be on the same basis as those provided or prescribed by law between an attorney and client.
(Dec. 22, 1989, P.L.722, No.96, eff. 60 days)
Cross References.
Section 5944 is referred to in sections 4415, 4436, 6352.2 of this title; sections 566, 586 of Title 2 (Administrative Law and Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5945 - Confidential communications to school personnel

§ 5945. Confidential communications to school personnel.
(a) General rule.--
No guidance counselor, school nurse, school psychologist, or home and school visitor in the public schools or in private or parochial schools or other educational institutions providing elementary or secondary education, including any clerical worker of such schools and institutions, who, while in the course of his professional or clerical duties for a guidance counselor, home and school visitor, school nurse or school psychologist, has acquired information from a student in confidence shall be compelled or allowed:
(1) without the consent of the student, if the student is 18 years of age or over; or
(2) without the consent of his parent or guardian, if the student is under the age of 18 years;
to disclose such information in any legal proceeding, trial, or investigation before any government unit.
(b) Exemption.--
Notwithstanding subsection (a), no such person shall be excused or prevented from complying with 23 Pa.C.S. Ch. 63 (relating to child protective services).
(Dec. 19, 1990, P.L.1240, No.206, eff. 90 days)
Cross References.
Section 5945 is referred to in sections 4415, 4436 of this title; sections 566, 586 of Title 2 (Administrative Law and Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5945.1 - Confidential communications with sexual assault counselors.

§ 5945.1. Confidential communications with sexual assault counselors.
(a) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Confidential communication." All information, oral or written, transmitted between a victim of sexual assault and a sexual assault counselor in the course of their relationship, including, but not limited to, any advice, reports, statistical data, memoranda, working papers, records or the like, given or made during that relationship, including matters transmitted between the sexual assault counselor and the victim through the use of an interpreter.
"Coparticipant." A victim participating in group counseling.
"Interpreter." A person who translates communications between a sexual assault counselor and a victim through the use of sign language, visual, oral or written translation.
"Rape crisis center." Any office, institution or center offering assistance to victims of sexual assault and their families through crisis intervention, medical and legal accompaniment and follow-up counseling.
"Sexual assault counselor." A person who is engaged in any office, institution or center defined as a rape crisis center under this section, who has undergone 40 hours of sexual assault training and is under the control of a direct services supervisor of a rape crisis center, whose primary purpose is the rendering of advice, counseling or assistance to victims of sexual assault.
"Victim." A person who consults a sexual assault counselor for the purpose of securing advice, counseling or assistance concerning a mental, physical or emotional condition caused or reasonably believed to be caused by a sexual assault. The term shall also include those persons who have a significant relationship with a victim of sexual assault and who seek advice, counseling or assistance from a sexual assault counselor concerning a mental, physical or emotional condition caused or reasonably believed to be caused by a sexual assault of a victim.
(b) Privilege.--
(1) No sexual assault counselor or an interpreter translating the communication between a sexual assault counselor and a victim may, without the written consent of the victim, disclose the victim's confidential oral or written communications to the counselor nor consent to be examined in any court or criminal proceeding.
(2) No coparticipant who is present during counseling may disclose a victim's confidential communication made during the counseling session nor consent to be examined in any civil or criminal proceeding without the written consent of the victim.
(Dec. 23, 1981, P.L.585, No.169, eff. 60 days; Dec. 17, 1990, P.L.737, No.183, eff. imd.; Dec. 20, 2000, P.L.742, No.105, eff. 60 days)
Cross References.
Section 5945.1 is referred to in sections 4415, 4436, 5945.3, 62A03 of this title; sections 566, 586 of Title 2 (Administrative Law and Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5945.2 - Confidential communications to crime stopper or similar anticrime program

§ 5945.2. Confidential communications to crime stopper or similar anticrime program.
(a) General rule.--
No person engaged in, connected with or employed by any crime stopper or similar anticrime program shall be required in any manner to disclose the source of any information received, procured or obtained by such person or crime stopper or similar anticrime program in any legal proceeding, trial or investigation before any government unit.
(b) Definition.--
As used in this section, "crime stopper or similar anticrime program" means a private, nonprofit organization that accepts and expends donations for rewards to persons who report to the organization information concerning criminal activity and that forwards the information to the appropriate law enforcement agency.
(Dec. 20, 2000, P.L.742, No.105, eff. 60 days)
2000 Amendment.
Act 105 added section 5945.2.
Cross References.
Section 5945.2 is referred to in sections 4415, 4436 of this title; sections 566, 586 of Title 2 (Administrative Law and Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5945.3 - Confidential communications with human trafficking caseworkers

§ 5945.3. Confidential communications with human trafficking caseworkers.
(a) Sexual assault counselors.--
An individual qualified as a sexual assault counselor under section 5945.1(a) (relating to confidential communications with sexual assault counselors) may serve as a human trafficking counselor under this section.
(b) Privilege.--
(1) This subsection applies to all of the following:
(i) A human trafficking caseworker.
(ii) An interpreter.
(2) An individual designated in paragraph (1) may not disclose a confidential communication without the written consent of the victim of human trafficking who made the confidential communication.
(c) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Confidential communication."
All information, oral or written, transmitted between a victim of human trafficking and a human trafficking caseworker in the course of their relationship. The term includes advice, reports, statistical data, memoranda, working papers and records, given or made during that relationship, including matters transmitted between the human trafficking caseworker and the victim through the use of an interpreter.
"Human trafficking caseworker."
An individual:
(1) who is engaged by any organization whether financially compensated or not;
(2) whose primary purpose is the rendering of advice or assistance to a victim of human trafficking, as defined in 18 Pa.C.S. § 3001 (relating to definitions); and
(3) who:
(i) holds a master's degree or higher in counseling or a related field;
(ii) has an undergraduate degree or equivalent in a human services profession; or
(iii) is supervised by an individual qualified under subparagraph (i) or (ii) and has at least 80 hours of training received under that supervision in:
(A) the history of human trafficking;
(B) civil law and criminal law as they relate to human trafficking;
(C) societal attitudes toward human trafficking;
(D) peer counseling techniques;
(E) housing, public assistance and other financial resources available to meet the needs of victims of human trafficking;
(F) referral services available to victims of human trafficking;
(G) privileged communications; or
(H) human trauma therapy counseling.
"Interpreter." An individual who translates communications between a human trafficking caseworker and a victim of human trafficking through the use of sign language, visual, oral or written translation.
(July 2, 2014, P.L.945, No.105, eff. 60 days)
2014 Amendment.
Act 105 added section 5945.3.
Cross References.
Section 5945.3 is referred to in sections 4415, 4436 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5946 - Competency of certain witnesses where political subdivision is a party

§ 5946. Competency of certain witnesses where political subdivision is a party.
A person shall not be excluded from being a witness in any action or proceeding in which a political subdivision is a party or is interested because such person is or was an officer, rated citizen or inhabitant in such political subdivision or owns assessed or taxable property or is liable to the assessment or payment of taxes in such political subdivision.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5948 - Confidential communications to qualified professionals

§ 5948. Confidential communications to qualified professionals.
Communications of a confidential character made by a spouse to a qualified professional as defined in 23 Pa.C.S. § 3103 (relating to definitions) shall be privileged and inadmissible in evidence in any matter under 23 Pa.C.S. Pt. IV (relating to divorce) or VI (relating to children and minors) unless the party concerned waives this privilege.
(Dec. 19, 1990, P.L.1240, No.206, eff. 90 days)
1990 Amendment.
Act 206 added section 5948.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5961 - Short title of subchapter

§ 5961. Short title of subchapter.
This subchapter shall be known and may be cited as the "Uniform Act to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings."
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5962 - Definitions

§ 5962. Definitions.
The following words and phrases when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Summons."
Includes a subpoena, order or other notice requiring the appearance of a witness.
"Witness."
Includes a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5964 - Witness from another state summoned to testify in this Commonwealth

§ 5964. Witness from another state summoned to testify in this Commonwealth.
(a) General rule.--
If a person in any state which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence in this Commonwealth is a material witness in a prosecution pending in a court of record in this Commonwealth or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this Commonwealth to assure his attendance in this Commonwealth. This certificate shall be presented to a judge of a court of record in the county or parish in which the witness is found.
(b) Enforcement.--
If the witness is summoned to attend and testify in this Commonwealth he shall be tendered the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution or investigation is pending and $5 for each day that he is required to travel and attend as a witness, or the mileage and witness fees and expenses to which witnesses in the courts of this Commonwealth are entitled, whichever is greater. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this Commonwealth a longer period of time than the period mentioned in the certificate unless otherwise ordered by the court. The court may admit the witness to bail by bond with or without surety and in such sum as it deems proper, conditioned for his appearance before it at a time specified in such bond. If such witness after coming into this Commonwealth fails without good cause to attend and testify as directed in the summons he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5965 - Exemption from arrest and service of process

§ 5965. Exemption from arrest and service of process.
(a) Incoming witnesses.--
If a person comes into this Commonwealth in obedience to a summons directing him to attend and testify in this Commonwealth he shall not while in this Commonwealth pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this Commonwealth under the summons.
(b) Witnesses in transit.--
If a person passes through this Commonwealth while going to another state in obedience to a summons to attend and testify in that state, or while returning therefrom, he shall not while so passing through this Commonwealth be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this Commonwealth under the summons.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5972 - Definitions

§ 5972. Definitions.
The following words and phrases when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Penal institution."
Includes a jail, prison, penitentiary, house of correction, correctional institution or other place of penal detention.
"Witness."
A person who is confined in a penal institution in any state and whose testimony is desired in another state in any criminal proceeding or investigation by a grand jury or in any criminal proceeding before a court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5973 - Scope of subchapter

§ 5973. Scope of subchapter.
This subchapter does not apply to any person in this Commonwealth confined as insane or mentally ill or as a defective delinquent or under sentence of death.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5974 - Summoning prisoner in this Commonwealth to testify in another state

§ 5974. Summoning prisoner in this Commonwealth to testify in another state.
(a) Certification.--
A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this Commonwealth, may certify:
(1) that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court;
(2) that a person who is confined in a penal institution in this Commonwealth may be a material witness in the proceeding, investigation or action; and
(3) that his presence will be required during a specified time.
(b) Hearing.--
Upon presentation of the certificate to any court having jurisdiction over the person confined and upon notice to the Bureau of Correction, the court in this Commonwealth shall fix a time and place for a hearing and shall make an order, directed to the person having custody of the prisoner, requiring that the prisoner be produced before it at the hearing.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
References in Text.
The Bureau of Correction, referred to in subsec. (b), is now the Department of Corrections.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5975 - Court order

§ 5975. Court order.
(a) General rule.--
If at the hearing the court determines:
(1) that the witness may be material and necessary;
(2) that his attending and testifying are not adverse to the interests of this Commonwealth or to the health or legal rights of the witness;
(3) that the laws of the state in which he is requested to testify will give him protection from arrest and the service of civil and criminal process because of any act committed prior to his arrival in the state under the order; and
(4) that as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass;
the court shall issue an order as provided in subsection (b).
(b) Contents of order.--
The order issued under subsection (a) shall have a copy of the certificate attached and shall contain language:
(1) directing the witness to attend and testify;
(2) directing the person having custody of the witness to produce him in the court where the criminal action is pending, or where the grand jury investigation is pending, at a time and place specified in the order; and
(3) prescribing such conditions as the court shall determine.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5976 - Terms and conditions

§ 5976. Terms and conditions.
The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of his testimony, proper safeguards on his custody, and proper financial reimbursement or prepayment by the requesting jurisdiction for all expenses incurred in the production and return of the witness, and may prescribe such other conditions as the court thinks proper or necessary. The order shall not become effective until the judge of the state requesting the witness enters an order directing compliance with the conditions prescribed.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5977 - Prisoner from another state summoned to testify in this Commonwealth

§ 5977. Prisoner from another state summoned to testify in this Commonwealth.
If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this Commonwealth, a judge of the court may certify:
(1) that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court;
(2) that a person who is confined in a penal institution in the other state may be a material witness in the proceeding, investigation or action; and
(3) that the presence of the person will be required during a specified time.
The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the prisoner confined and a notice shall be given to the Attorney General of the state in which the prisoner is confined.
Transfer of Functions.
The powers and duties of the Attorney General and/or the Department of Justice contained in section 5977 were transferred to the Office of General Counsel by section 502 of the act of October 15, 1980, P.L.950, No.164, known as the Commonwealth Attorneys Act, effective January 20, 1981.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5979 - Exemption from arrest and service of process

§ 5979. Exemption from arrest and service of process.
If a witness from another state comes into or passes through this Commonwealth under an order directing him to attend and testify in this or another state, he shall not, while in this Commonwealth pursuant to the order, be subject to arrest or the service of process, civil or criminal, because of any act committed prior to his arrival in this Commonwealth under the order.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5981 - Declaration of policy

§ 5981. Declaration of policy.
In order to promote the best interests of the residents of this Commonwealth who are under 18 years of age, especially those who are material witnesses to or victims of crimes, the General Assembly declares its intent, in this subchapter, to provide, where necessity is shown, procedures which will protect them during their involvement with the criminal justice system. The General Assembly urges the news media to use significant restraint and caution in revealing the identity or address of children who are victims of or witnesses to crimes or other information that would reveal the name or address of the child victim or witness.
(Dec. 18, 1996, P.L.1077, No.161, eff. 60 days; Oct. 17, 2002, P.L.880, No.127, eff. 60 days; July 15, 2004, P.L.736, No.87, eff. imd.; Dec. 18, 2013, P.L.1181, No.109, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5982 - Definitions

§ 5982. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Child"
or
"children."
An individual or individuals under 18 years of age.
"Contemporaneous alternative method."
Any method of capturing the visual images, oral communications and other information presented during a prosecution or adjudication involving a child victim or a child material witness and transmitting and receiving such images, communications and other information at or about the time of their creation, including, but not limited to, closed-circuit television, streaming image sent via the Internet or an intranet and any other devices or systems used to accomplish such ends.
"Minor."
An individual who, at the time of the commission of the offense involving sexual or physical abuse, is under 18 years of age.
"Qualified shorthand reporter."
An individual engaged in the active practice of general shorthand reporting who is skilled in the art of verbatim reporting by the use of a written shorthand system, whether manual or machine; or any individual who is an official court or legislative reporter; or any individual who is the holder of a certified shorthand reporter certificate mandated by State or Federal law.
(Dec. 18, 1996, P.L.1077, No.161, eff. 60 days; July 15, 2004, P.L.736, No.87, eff. imd.; Dec. 18, 2013, P.L.1181, No.109, eff. 60 days; Feb. 5, 2020, P.L.1, No.1, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5983 - Rights and services

§ 5983. Rights and services.
(a) Designation of persons to act on behalf of children.--
Courts of common pleas may designate one or more persons as a child advocate to provide the following services on behalf of children who are involved in criminal proceedings as victims or material witnesses:
(1) To explain, in language understood by the child, all legal proceedings in which the child will be involved.
(2) As a friend of the court, to advise the judge, whenever appropriate, of the child's ability to understand and cooperate with any court proceedings.
(3) To assist or secure assistance for the child and the child's family in coping with the emotional impact of the crime and subsequent criminal proceedings in which the child is involved.
(b) Qualifications.--
Persons designated under subsection (a) may be attorneys at law or other persons who, by virtue of service as rape crisis or domestic violence counselors or by virtue of membership in a community service organization or of other experience acceptable to the court, possess education, experience or training in child or sexual abuse and a basic understanding of the criminal justice system.
Cross References.
Section 5983 is referred to in sections 5984.1, 5985 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5984 - Videotaped depositions (Repealed)

§ 5984. Videotaped depositions (Repealed).
2004 Repeal.
Section 5984 was repealed July 15, 2004, P.L.736, No.87, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5984.1 - Recorded testimony

§ 5984.1. Recorded testimony.
(a) Recording.--
Subject to subsection (b), in any prosecution or adjudication involving a child victim or child material witness, the court may order that the child victim's or child material witness's testimony be recorded for presentation in court by any method that accurately captures and preserves the visual images, oral communications and other information presented during such testimony. The testimony shall be taken under oath or affirmation before the court in chambers or in a special facility designed for taking the recorded testimony of children. Only the attorneys for the defendant and for the Commonwealth, persons necessary to operate the equipment, a qualified shorthand reporter and any person whose presence would contribute to the welfare and well-being of the child victim or child material witness, including persons designated under section 5983 (relating to rights and services), may be present in the room with the child during testimony. The court shall permit the defendant to observe and hear the testimony of the child victim or child material witness but shall ensure that the child victim or material witness cannot hear or see the defendant. Examination and cross-examination of the child victim or child material witness shall proceed in the same manner as normally permitted. The court shall make certain that the defendant and defense counsel have adequate opportunity to communicate for the purpose of providing an effective defense.
(b) Determination.--
Before the court orders the child victim or the child material witness to testify by recorded testimony, the court must determine, based on evidence presented to it, that testifying either in an open forum in the presence and full view of the finder of fact or in the defendant's presence will result in the child victim or child material witness suffering serious emotional distress that would substantially impair the child victim's or child material witness's ability to reasonably communicate. In making this determination, the court may do any of the following:
(1) Observe and question the child victim or child material witness, either inside or outside the courtroom.
(2) Hear testimony of a parent or custodian or any other person, such as a person who has dealt with the child victim or child material witness in a medical or therapeutic setting.
(c) Counsel and confrontation.--
(1) If the court observes or questions the child victim or child material witness under subsection (b)(1), the attorney for the defendant and the attorney for the Commonwealth have the right to be present, but the court shall not permit the defendant to be present.
(2) If the court hears testimony under subsection (b)(2), the defendant, the attorney for the defendant and the attorney for the Commonwealth have the right to be present.
(d) Effect of order.--
(Deleted by amendment).
(Dec. 18, 1996, P.L.1077, No.161, eff. 60 days; July 15, 2004, P.L.736, No.87, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5985 - Testimony by contemporaneous alternative method

§ 5985. Testimony by contemporaneous alternative method.
(a) Contemporaneous alternative method.--
Subject to subsection (a.1), in any prosecution or adjudication involving a child victim or a child material witness, the court may order that the testimony of the child victim or child material witness be taken under oath or affirmation in a room other than the courtroom and transmitted by a contemporaneous alternative method. Only the attorneys for the defendant and for the Commonwealth, the court reporter, the judge, persons necessary to operate the equipment and any person whose presence would contribute to the welfare and well-being of the child victim or child material witness, including persons designated under section 5983 (relating to rights and services), may be present in the room with the child during his testimony. The court shall permit the defendant to observe and hear the testimony of the child victim or child material witness but shall ensure that the child cannot hear or see the defendant. The court shall make certain that the defendant and defense counsel have adequate opportunity to communicate for the purposes of providing an effective defense. Examination and cross-examination of the child victim or child material witness shall proceed in the same manner as normally permitted.
(a.1) Determination.--
Before the court orders the child victim or the child material witness to testify by a contemporaneous alternative method, the court must determine, based on evidence presented to it, that testifying either in an open forum in the presence and full view of the finder of fact or in the defendant's presence will result in the child victim or child material witness suffering serious emotional distress that would substantially impair the child victim's or child material witness's ability to reasonably communicate. In making this determination, the court may do all of the following:
(1) Observe and question the child victim or child material witness, either inside or outside the courtroom.
(2) Hear testimony of a parent or custodian or any other person, such as a person who has dealt with the child victim or child material witness in a medical or therapeutic setting.
(a.2) Counsel and confrontation.--
(1) If the court observes or questions the child victim or child material witness under subsection (a.1)(1), the attorney for the defendant and the attorney for the Commonwealth have the right to be present, but the court shall not permit the defendant to be present.
(2) If the court hears testimony under subsection (a.1)(2), the defendant, the attorney for the defendant and the attorney for the Commonwealth have the right to be present.
(b) Effect of order.--
(Deleted by amendment).
(Dec. 18, 1996, P.L.1077, No.161, eff. 60 days; July 15, 2004, P.L.736, No.87, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5986 - Hearsay

§ 5986. Hearsay.
(a) General rule.--
A statement made by a child describing acts and attempted acts of indecent contact, sexual intercourse or deviate sexual intercourse performed with or on the child by another, not otherwise admissible by statute or court ruling, is admissible in evidence in a dependency proceeding initiated under Chapter 63 (relating to juvenile matters), involving that child or other members of that child's family, if:
(1) the court finds, in an in camera hearing, that the evidence is relevant and that the time, content and circumstances of the statement provide sufficient indicia of reliability; and
(2) the child either:
(i) testifies at the proceeding; or
(ii) is found by the court to be unavailable as a witness.
(b) Emotional distress.--
In order to make a finding under subsection (a)(2)(ii) that the child is unavailable as a witness, the court must determine, based on evidence presented to it, that testimony by the child as a witness will result in the child suffering serious emotional distress that would substantially impair the child's ability to reasonably communicate. In making this determination, the court may do all of the following:
(1) Observe and question the child, either inside or outside the courtroom.
(2) Hear testimony of a parent or custodian or any other person, such as a person who has dealt with the child in a medical or therapeutic setting.
(c) Counsel and confrontation.--
If the court hears testimony in connection with making a finding under subsection (a)(2)(ii), all of the following apply:
(1) Except as provided in paragraph (2), the defendant, the attorney for the defendant and the attorney for the Commonwealth have the right to be present.
(2) If the court observes or questions the child, the court shall not permit the defendant to be present.
(Dec. 18, 1996, P.L.1077, No.161, eff. 60 days; July 15, 2004, P.L.736, No.87, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5987 - Use of dolls

§ 5987. Use of dolls.
In any criminal proceeding charging physical abuse, indecent contact or any of the offenses enumerated in 18 Pa.C.S. Ch. 31 (relating to sexual offenses), the court shall permit the use of anatomically correct dolls or mannequins to assist a child in testifying on direct examination and cross-examination.
(Dec. 18, 1996, P.L.1077, No.161, eff. 60 days; July 15, 2004, P.L.736, No.87, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5988 - Victims of sexual or physical abuse

§ 5988. Victims of sexual or physical abuse.
(a) Release of name prohibited.--
Notwithstanding any other provision of law to the contrary, in a prosecution involving a minor victim of sexual or physical abuse, the name of the minor victim shall not be disclosed by officers or employees of the court to the public, and any records revealing the name of the minor victim shall not be open to public inspection.
(a.1) Application of section.--
The provisions of this section shall apply to a prosecution involving a minor victim regardless of the date of the commencement of the prosecution.
(a.2) Waiver.--
A minor victim who is 18 years of age or older at the time of the commencement of the prosecution may waive the provisions of this section and allow the court to release the name of the minor victim. The court shall develop procedures to implement the provisions of this subsection.
(b) Penalty.--
Any person who violates this section commits a misdemeanor of the third degree.
(July 15, 2004, P.L.736, No.87, eff. imd.; Dec. 18, 2013, P.L.1181, No.109, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5991 - Declaration of policy

§ 5991. Declaration of policy.
In order to promote the best interests of residents of this Commonwealth with intellectual disabilities or autism who are material witnesses or victims of crime, the General Assembly declares its intent, in this subchapter, to provide, where necessity is shown, procedures that will protect material witnesses or victims of crime with intellectual disabilities or autism during their involvement with the criminal justice system.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 59 - Depositions and Witnesses › Section 5992 - Definitions

§ 5992. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Autism spectrum disorder."
Any of the pervasive developmental disorders defined by the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), including autistic disorder, Asperger's disorder and pervasive developmental disorder not otherwise specified.
"Individual with an intellectual disability or autism."
As follows:
(1) Regardless of the age of the individual, an individual with significantly subaverage general intellectual functioning that is accompanied by significant limitations in adaptive functioning in at least two of the following skill areas:
(i) Communication.
(ii) Self-care.
(iii) Home living.
(iv) Social and interpersonal.
(v) Use of community resources.
(vi) Self-direction.
(vii) Functional academic.
(viii) Work.
(ix) Health and safety.
(2) The term also includes an individual, regardless of age, who has an autism spectrum disorder.
(Sept. 30, 2021, P.L.400, No.71, eff. 60 days)
2021 Amendment.
Act 71 amended the def. of "autism spectrum disorder."
Cross References.
Section 5992 is referred to in section 2505 of Title 18 (Crimes and Offenses).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 61 - Rules of Evidence › Extra - Chapter Notes

Enactment.
Chapter 61 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date
            of final enactment of the act of April 28, 1978, P.L.202, No.53.
Enactment.
Subchapter E was added November 28, 1986, P.L.1458, No.145, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 61 - Rules of Evidence › Section 6101 - Scope of subchapter

§ 6101. Scope of subchapter.
Except as otherwise provided by statute or regulation promulgated pursuant thereto by a government agency, the provisions of this subchapter shall apply to matters heard by judicial tribunals and to all matters heard by government agencies of this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 61 - Rules of Evidence › Section 6102 - Judicial notice of official seals

§ 6102. Judicial notice of official seals.
The seal of every court, magisterial district judge and other government unit, adopted pursuant to law, shall be judicially noticed.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment.
See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 61 - Rules of Evidence › Section 6103 - Proof of official records

§ 6103. Proof of official records.
(a) General rule.--
An official record kept within this Commonwealth by any court, magisterial district judge or other government unit, or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by that officer's deputy, and accompanied by a certificate that the officer has the custody. The certificate may be made by any public officer having a seal of office and having official duties with respect to the government unit in which the record is kept, authenticated by the seal of that office, or if there is no such officer, by:
(1) The Department of State, in the case of any Commonwealth agency.
(2) The clerk of the court of common pleas of the judicial district embracing any county in which the government unit has jurisdiction, in the case of any government unit other than a Commonwealth agency.
(b) Lack of record.--
A written statement that after an examination of the records of the government unit no record or entry of a specified tenor is found to exist in the records designated by the statement, authenticated as provided in subsection (a), is admissible as evidence that the records contain no such records or entry.
(Nov. 30, 2004, P.L.1618, No.207, eff. 60 days)
2004 Amendment.
Act 207 amended subsec. (a). See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.
Cross References.
Section 6103 is referred to in section 6104 of this title; sections 1378, 1380, 1516, 1550, 3753 of Title 75 (Vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 61 - Rules of Evidence › Section 6104 - Effect of official records generally

§ 6104. Effect of official records generally.
(a) General rule.--
A copy of a record of governmental action or inaction authenticated as provided in section 6103 (relating to proof of official records) shall be admissible as evidence that the governmental action or inaction disclosed therein was in fact taken or omitted.
(b) Existence of facts.--
A copy of a record authenticated as provided in section 6103 disclosing the existence or nonexistence of facts which have been recorded pursuant to an official duty or would have been so recorded had the facts existed shall be admissible as evidence of the existence or nonexistence of such facts, unless the sources of information or other circumstances indicate lack of trustworthiness.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 61 - Rules of Evidence › Section 6105 - Acts of notaries public

§ 6105. Acts of notaries public.
(a) General rule.--
The official acts, protests and attestations of all notaries public, certified under their respective hands and seals of office, including the dishonor of all bills and promissory notes, and of notice to the drawers, acceptors or endorsers thereof, may be received and read in evidence, as proof of the facts therein stated. Any litigant may be permitted to contradict by other evidence any such certificate.
(b) Foreign notaries.--
The official acts and exemplifications of foreign notaries in accordance with the laws of their respective countries shall be prima facie evidence of the matters therein set forth, if they are authenticated as provided in section 5328 (relating to proof of official records). Any litigant may be permitted to contradict by other evidence any such acts, exemplifications or certificates.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 61 - Rules of Evidence › Section 6106 - Certified exemplifications of records

§ 6106. Certified exemplifications of records.
Whenever provision is made by law for recording or filing in a public office any document, the record thereof made, and exemplifications of the document lawfully certified, shall be legal evidence in all matters in which the document would be competent evidence.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 20, 1982, P.L.1409, No.326, eff. 60 days)
Cross References.
Section 6106 is referred to in section 2504 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 61 - Rules of Evidence › Section 6107 - Judicial notice of certain local government ordinances

§ 6107. Judicial notice of certain local government ordinances.
(a) General rule.--
The ordinances of municipal corporations of this Commonwealth shall be judicially noticed.
(b) Manner of proving ordinances.--
The tribunal may inform itself of such ordinances in such manner as it may deem proper and the tribunal may call upon counsel to aid it in obtaining such information.
(c) Construction of ordinances.--
The construction of such ordinances shall be made by the court and not by the jury and shall be reviewable.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 61 - Rules of Evidence › Section 6108 - Business records

§ 6108. Business records.
(a) Short title of section.--
This section shall be known and may be cited as the "Uniform Business Records as Evidence Act."
(b) General rule.--
A record of an act, condition or event shall, insofar as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if it was made in the regular course of business at or near the time of the act, condition or event, and if, in the opinion of the tribunal, the sources of information, method and time of preparation were such as to justify its admission.
(c) Definition.--
As used in this section "business" includes every kind of business, profession, occupation, calling, or operation of institutions whether carried on for profit or not.