Statutes | 42 Pa. Cons. Stat. § 9738 | 2025

(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 &ldquovictim&rdquo shall mean a &ldquovictim&rdquo 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).