Page:United States Statutes at Large Volume 92 Part 2.djvu/767

 PUBLIC LAW 95-540—OCT. 28, 1978

92 STAT. 2047

At such hearing the parties may call witnesses, including the alleged victim, and offer relevant evidence. Notwithstanding subdivision (b) of rule 104, if the relevancy of the evidence which the accused seeks 28 USC app. to offer in the trial depends upon the fulfillment of a condition of fact, the court, at the hearing in chambers or at a subsequent hearing in chambers scheduled for such purpose, shall accept evidence on the issue of whether such condition of fact is fulfilled and shall determine such issue. "(3) If the court determines on the basis of the hearing described in paragraph (2) that the evidence which the accused seeks to offer is relevant and that the probative value of such evidence outweighs the danger of unfair prejudice, such evidence shall be admissible in the trial to the extent an order made by the court specifies evidence which may be offered and areas with respect to which the alleged victim may be examined or cross-examined. "(d) For purposes of this rule, the term 'past sexual behavior' means "Past sexual sexual behavior other than the sexual behavior with respect to which behavior." rape or assault with intent to commit rape is alleged.". (b) The table of contents for the Federal Rules of Evidence is amended by inserting immediately after the item relating to rule 411 the following new item: "Rule 412. Rape cases; relevance of victim's past behavior.".

SEC. 3. The amendments made by this Act shall apply to trials which Effective date, begin more than thirty days after the date of the enactment of this Act. ^^ ^^^ ^PPApproved October 28, 1978. i:-M*'.,l?.'S

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 124 (1978): Oct. 10, considered and passed House. Oct. 12, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 44: Oct. 30, Presidential statement.

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