Pennsylvania § 9738 - Victim impact statements.
Full text of Pennsylvania Pennsylvania Consolidated Statutes § 9738 — Victim impact statements., with citation guidance and answers to common questions.
§ 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) 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.
Frequently Asked Questions About Pennsylvania § 9738
What does Pennsylvania Consolidated Statutes § 9738 cover?
Section 9738 ("Victim impact statements.") is part of the Pennsylvania Consolidated Statutes, the codified statutory law of Pennsylvania. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Pennsylvania § 9738?
A common citation format is "Pennsylvania Consolidated Statutes § 9738" (Pennsylvania). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Pennsylvania law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Pennsylvania official source linked on this page or consult a licensed Pennsylvania attorney.
How does Pennsylvania § 9738 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Pennsylvania can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Pennsylvania.