Victims of crime have the following rights:
(1) To receive basic information concerning the services available for victims of crime.(1.1) If eligible to apply, to be notified of the address confidentiality program under 23 Pa.C.S. Ch. 67 (relating to domestic and sexual violence victim address confidentiality).(2) To be notified of certain significant actions and proceedings within the criminal and juvenile justice systems pertaining to their case. This paragraph includes all of the following: (i) Access to information regarding whether the juvenile was detained or released following arrest and whether a petition alleging delinquency has been filed.(ii) Immediate notification of a juvenile's preadjudication escape from a detention center or shelter facility and of the juvenile's subsequent apprehension.(iii) Access to information regarding the grant or denial of bail to an adult. The following apply: (A) The arresting officer shall provide the name and contact information of the victim to the magisterial district court or the Philadelphia Municipal Court conducting the preliminary arraignment so that the victim may receive notice of any proceedings to modify bail conditions and exercise the opportunity to appear in accordance with paragraph 2.1(iii).(B) The contact information of the victim shall be transmitted by the magisterial district court or the Philadelphia Municipal Court with the transcript of the proceedings to the court of common pleas at the conclusion of the preliminary hearing so that the clerk of courts may notify the victim of any proceedings to modify bail and the victim may exercise the opportunity to appear in accordance with paragraph 2.1(iii).(C) Nothing in this subparagraph shall preclude the prosecutor from excusing the presence of the victim to proceed by colloquy or offer of proof in accordance with paragraph 2.1(iii).(iv) Immediate notification of an adult offender's pretrial escape from a local correctional facility and of the offender's subsequent apprehension.(2.1) To not be excluded from any criminal proceeding unless the court, based on the record before it, determines that testimony by the victim would be materially altered if the victim heard other testimony at the proceeding. The following apply: (i) Before making a determination, the court shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim.(ii) The reason for any exclusion shall be clearly stated on the record.(iii) The right not to be excluded under this paragraph shall afford the victim the right to offer comment regarding a defendant's bail conditions at the time that bail conditions are imposed or at any subsequent proceeding where bail conditions may be modified. The following apply: (A) Nothing in this subparagraph shall be construed to preclude the prosecutor or arresting officer from presenting an offer of proof or colloquy in lieu of testimony by the victim.(B) This subparagraph applies to the following offenses:(I) A personal injury crime.(II) A crime of violence, as defined in 42 Pa.C.S. § 9714(g) (relating to sentences for second and subsequent offenses).(III) An offense under 18 Pa.C.S. § 6312 (relating to sexual abuse of children).(IV) An offense under 18 Pa.C.S. § 6320 (relating to sexual exploitation of children).(3) To be accompanied at all criminal and all juvenile proceedings in accordance with 42 Pa.C.S. § 6336 (relating to conduct of hearings) by a family member, a victim advocate or other person providing assistance or support.(4) In cases involving a personal injury crime or burglary, to submit prior comment to the prosecutor's office or juvenile probation office, as appropriate to the circumstances of the case, on the potential reduction or dropping of any charge or changing of a plea in a criminal or delinquency proceeding, or, diversion of any case, including an informal adjustment or consent decree.(5) To have opportunity to offer prior comment on the sentencing of a defendant or the disposition of a delinquent child, to include the submission of a written and oral victim impact statement detailing the physical, psychological and economic effects of the crime on the victim and the victim's family. The written statement shall be included in any predisposition or presentence report submitted to the court. Victim-impact statements shall be considered by a court when determining the disposition of a juvenile or sentence of an adult.(5.1) To have notice and to provide prior comment on a judicial recommendation that the defendant participate in a motivational boot camp pursuant to the act of December 19, 1990 (P.L. 1391, No. 215), known as the Motivational Boot Camp Act.(5.2) Upon request of the victim of a personal injury rights crime, to have the opportunity to submit written comment or present oral testimony at a disposition review hearing, which comment or testimony shall be considered by the court when reviewing the disposition of the juvenile.(6) To be restored, to the extent possible, to the precrime economic status through the provision of restitution, compensation and the expeditious return of property which is seized as evidence in the case when in the judgment of the prosecutor the evidence is no longer needed for prosecution of the case.(7) In personal injury rights crimes where the adult is sentenced to a State correctional facility, to be: (i) given the opportunity to provide prior comment on and to receive State postsentencing release decisions, including work release, furlough, parole, pardon or community treatment center placement;(ii) provided immediate notice of an escape of the adult and of subsequent apprehension; and(iii) given the opportunity to receive notice of and to provide prior comment on a recommendation sought by the Department of Corrections that the offender participate in a motivational boot camp pursuant to the Motivational Boot Camp Act.(8) In personal injury rights crimes where the adult is sentenced to a local correctional facility, to: (i) receive notice of the date of the release of the adult, including work release, furlough, parole, release from a boot camp or community treatment center placement; and(ii) be provided with immediate notice of an escape of the adult and of subsequent apprehension.(8.1) If, upon the request of the victim of a personal injury rights crime committed by a juvenile, the juvenile is ordered to residential placement, a shelter facility or a detention center, to: (i) Receive prior notice of the date of the release of the juvenile, including temporary leave or home pass.(ii) Be provided with: (A) immediate notice of an escape of the juvenile, including failure to return from temporary leave or home pass; and(B) immediate notice of reapprehension of the juvenile.(iii) Be provided with notice of transfer of a juvenile who has been adjudicated delinquent from a placement facility that is contrary to a previous court order or placement plan approved at a disposition review hearing and to have the opportunity to express a written objection prior to the release or transfer of the juvenile.(9) If the adult is subject to an order under 23 Pa.C.S. Ch. 61 (relating to protection from abuse) or 42 Pa.C.S. Ch. 62A (relating to protection of victims of sexual violence or intimidation) and is committed to a local correctional facility for a violation of the order or for a personal injury rights crime against a victim protected by the order, to receive immediate notice of the release of the adult on bail.(10) To receive notice if an adult is committed to a mental health facility from a State correctional institution and notice of the discharge, transfer or escape of the adult from the mental health facility.(11) To have assistance in the preparation of, submission of and follow-up on financial assistance claims to the Office of Victims' Services.(12) To be notified of the details of the final disposition of the case of a juvenile consistent with 42 Pa.C.S. § 6336(f)(13) Upon the request of the victim of a personal injury rights crime, to be notified of the termination of the courts' jurisdiction.Amended by P.L. TBD 2022 No. 77, § 2, eff. 4/7/2023.Amended by P.L. TBD 2022 No. 71, § 1, eff. 1/7/2023.Amended by P.L. TBD 2019 No. 23, § 1, eff. 8/27/2019.1998, Nov. 24, P.L. 882, No. 111, § 201, imd. effective. Amended 2000, Oct. 30, P.L. 641, No. 86, § 2, effective in 60 days; 2002, June 28, P.L. 496, No. 85, § 1, effective in 60 days.