Pennsylvania 2023-2024 Regular Session

Pennsylvania House Bill HB1843

Introduced
11/13/23  
Refer
11/13/23  
Refer
12/13/23  
Report Pass
3/18/24  
Engrossed
3/18/24  

Caption

In depositions and witnesses, providing for sentencing considerations for child victim offenders.

Impact

The proposed changes under HB 1843 may significantly alter current sentencing practices within the state, particularly concerning how courts handle cases involving minors. If enacted, the bill will allow for greater weight to be given to depositions from child victims during sentencing phases, which could result in harsher penalties for offenders. This legislative move was embraced by advocates for child welfare, who see it as a necessary step toward prioritizing victim protection in the justice system. However, it also raises discussions on the balance between ensuring justice for victims and the rights of the accused.

Summary

House Bill 1843 aims to reform sentencing considerations for offenders convicted of crimes against child victims. Specifically, it focuses on the implications of depositions and testimonies in judicial processes related to these cases. The bill seeks to ensure that the voices of child victims are considered heavily during sentencing, thereby enhancing protections for vulnerable populations and promoting a more victim-centric approach in the judiciary. Proponents argue that this legislative change is critical in addressing the unique challenges faced by child victims in criminal cases, enabling them to be heard more effectively in a legal system that can sometimes overlook their circumstances.

Sentiment

Sentiment around HB 1843 is largely supportive among child advocacy groups, legal reform activists, and members of the public who emphasize the need for stronger protections for child victims. The bill is viewed positively as a forward step in making the justice system more responsive to the needs of young victims. However, there are also concerns from legal experts and defense advocates about potential implications for defendants' rights, arguing that a focus on victim testimony might inadvertently lead to prejudiced sentencing and the risk of wrongful convictions.

Contention

Contentious aspects of HB 1843 revolve around the interpretation and use of depositions in court. Critics argue that while the intention of prioritizing child victims' testimonies is noble, it could lead to complications in ensuring fair trials for the accused. There is a fear that emotional testimonies may unduly influence juries and judges, hindering the legal principle of due process. As discussions unfold, the bill presents a broader question of the legal system's responsibility to protect vulnerable individuals while maintaining a just balance of rights between victims and offenders.

Companion Bills

No companion bills found.

Previously Filed As

PA HB1616

In depositions and witnesses, providing for sentencing considerations for child victim offenders.

PA SB1018

In practice and procedure, providing for child victims and witnesses.

PA HB1187

In authorized disposition of offenders, further providing for Accelerated Rehabilitative Disposition prohibited; in criminal homicide, further providing for the offense of murder; in assault, further providing for the offense of stalking and for the offense of unauthorized administration of intoxicant; in sexual offenses, further providing for definitions and for the offense of rape, repealing provisions relating to the offense of involuntary deviate sexual intercourse and further providing for the offense of sexual assault, for the offense of institutional sexual assault, for the offense of sexual assault by sports official, volunteer or employee of nonprofit association, for the offense of aggravated indecent assault and for general rule relating to loss of property rights; in wiretapping and electronic surveillance, further providing for definitions and for order authorizing interception of wire, electronic or oral communications; in public indecency, further providing for the offense of prostitution and related offenses; in firearms and other dangerous articles, further providing for persons not to possess, use, manufacture, control, sell or transfer firearms; in minors, further providing for transmission of sexually explicit images by minor; in criminal history record information, further providing for expungement and for juvenile records; in child custody, further providing for consideration of criminal conviction; in protection from abuse, further providing for definitions; in child protective services, further providing for definitions, for exclusions from child abuse and for employees having contact with children and adoptive and foster parents; in domestic and sexual violence victim address confidentiality, further providing for penalties; in limitation of time, further providing for infancy, insanity or imprisonment, for no limitation applicable and for other offenses; in depositions and witnesses, further providing for spouses as witnesses against each other and for hearsay; in juvenile matters, further providing for definitions, for inspection of court files and records, for law enforcement records, for conduct of hearings, for transfer to criminal proceedings and for assessment of delinquent children by the State Sexual Offenders Assessment Board; in court-ordered involuntary treatment of certain sexually violent persons, further providing for definitions and for court-ordered involuntary treatment; in sentencing, further providing for sentences for second or subsequent offenses, for sentences for offenses against elderly persons, for sentences for offenses against infant persons, for sentences for offenses committed while impersonating a law enforcement officer, for sentencing for trafficking of persons, for definitions, for sexual offenses and tier system, for termination of period of registration for juvenile offenders, for assessments, for registration and for assessments; in judicial change of name, further providing for change by order of court; in Pennsylvania Board of Probation and Parole, further providing for parole procedure; and, in interstate compacts, further providing for supervision of persons paroled by other states.

PA SB716

In depositions and witnesses, providing for informant testimony.

PA SB369

In depositions and witnesses, providing for informant testimony.

PA HB849

In falsification and intimidation, providing for the offense of failure to comply with child abuse offender registration requirements; in sentencing, providing for registration of child abuse offenders; and imposing penalties.

PA SB1111

In sentencing, further providing for definitions and for sexual offenses and tier system.

PA HB1909

In sexual offenses, further providing for the offense of rape and for the offense of involuntary deviate sexual intercourse; and, in sentencing, providing for sentencing procedure for rape of a child and involuntary deviate sexual intercourse with a child and further providing for sentences for offenses against infant persons.

PA HB1385

In juvenile matters, further providing for definitions and for disposition of delinquent child.

PA HB641

In sentencing, further providing for sentences for second and subsequent offenses; and, in Pennsylvania Board of Probation and Parole, further providing for parole power.

Similar Bills

No similar bills found.