PRINTER'S NO. 1275
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1018
Session of
2023
INTRODUCED BY KEARNEY, FONTANA, TARTAGLIONE, KANE, HAYWOOD,
COMITTA, COSTA, DILLON, BREWSTER AND CULVER,
DECEMBER 12, 2023
REFERRED TO AGING AND YOUTH, DECEMBER 12, 2023
AN ACT
Amending Title 2 (Administrative Law and Procedure) of the
Pennsylvania Consolidated Statutes, in practice and
procedure, providing for child victims and witnesses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 5 of Title 2 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER E
CHILD VICTIMS AND WITNESSES
Sec.
591. Definitions.
592. Rights and services.
593. Alternative method of testimony.
§ 591. 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 abuse." As defined in 23 Pa.C.S. § 6303(b.1)
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(relating to definitions).
"Department." The Department of Human Services of the
Commonwealth.
"Sexual abuse or exploitation." As defined in 23 Pa.C.S. §
6303.
§ 592. Rights and services.
(a) Designation of persons to act on behalf of children.--
When necessary to protect and promote the best interests of
child witnesses, the department may designate one or more
persons as a child advocate to accompany and provide the
following services on behalf of children who are involved in
proceedings before the department as material witnesses:
(1) To explain, in language understood by the child, all
legal proceedings in which the child will be involved.
(2) To advise the department, when appropriate, of the
child's ability to understand and cooperate with any
proceedings.
(3) To assist or secure assistance for the child and the
child's family in coping with the emotional impact of the
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 department, possess
education, experience or training in counseling for victims of
child abuse or sexual abuse or exploitation.
§ 593. Alternative method of testimony.
(a) Applicability.--In a proceeding before the department,
an alternative method of testimony shall be utilized if both of
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the following apply:
(1) A child is the subject or material witness to a
substantiated report of child abuse or sexual abuse or
exploitation by a party to a proceeding under this chapter.
(2) An alternative method of testimony is necessary to
protect and promote the best interests of the child.
(b) Due process rights.--Nothing in this section is intended
to deprive a party to the proceeding of the party's due process
rights.
(c) Petition.--A petition on a form developed by the
department to utilize the provisions of this section may be made
on behalf of the child. The department shall approve or deny the
petition. The petition may be made by:
(1) A parent.
(2) A guardian.
(3) A court-appointed special advocate.
(4) An attorney representing the department or a county
agency in the proceeding in which the child will testify.
(5) A court-appointed attorney representing the child in
any other matter.
(6) Any other individual in loco parentis to the child.
(d) Definition.--For purposes of this section, the term
"alternative method of testimony" shall mean a procedural
accommodation that will aid a child in providing testimony in a
proceeding before the department. The accommodation may include,
but not be limited to:
(1) Allowing the child access to a person, animal or
object to provide emotional support or mitigate emotional
trauma to the child during the proceeding.
(2) A contemporaneous alternative method of testimony as
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defined in 42 Pa.C.S. § 5982 (relating to definitions).
(3) Other nontraditional methods of taking testimony as
necessary to provide emotional support or mitigate emotional
trauma to the child.
Section 2. This act shall take effect in 60 days.
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