Rule 803(1). Present Sense Impression.

   (1)  Present Sense Impression. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it. When the declarant is unidentified, the proponent shall show by independent corroborating evidence that the declarant actually perceived the event or condition.

Comment

   This rule differs from F.R.E. 803(1) insofar as it requires independent corroborating evidence when the declarant is unidentified. See Commonwealth v. Hood, 872 A.2d 175 (Pa. Super. 2005).

   For this exception to apply, declarant need not be excited or otherwise emotionally affected by the event or condition perceived. The trustworthiness of the statement arises from its timing. The requirement of contemporaneousness, or near contemporaneousness, reduces the chance of premeditated prevarication or loss of memory.

Source

   The provisions of this Rule 803(1) adopted October 25, 2018, effective December 1, 2018, 48 Pa.B. 7111.

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