Pennsylvania Code › Title 4 - ADMINISTRATION › Part XVI - LEGISLATIVELY ORDERED MATERIAL › Subpart A - DEPARTMENT OF STATE › Chapter 801 - LEGISLATIVELY ORDERED MATERIAL RELATING TO PROPOSED CONSTITUTIONAL AMENDMENTS › Appendix A - Sample Constitutional Amendment Advertisement (First Passage)

Current through Register Vol. 54, No. 28, July 13, 2024
PUBLIC NOTICE .
PROPOSED AMENDMENT TO THE CONSTITUTION OF
					 PENNSYLVANIA
The following is a true and correct copy of a joint
					 resolution of the General Assembly regarding an amendment to the Constitution
					 of Pennsylvania that was proposed in the General Assembly during the 2018
					 session. The proposed amendment was agreed to by a majority of the members
					 elected to the Senate and the House of Representatives. Pursuant to Article XI,
					 Section 1 of the Constitution, the Secretary of the Commonwealth has caused the
					 proposed amendment to be published here. If this proposed amendment is agreed
					 to by a majority of the Senators and Representatives elected to the General
					 Assembly at the upcoming November 6, 2018 General Election, the proposed
					 amendment so approved will be published again and then submitted to the voters
					 of Pennsylvania for approval. If approved by a majority of the voters voting on
					 it, the corresponding amendment becomes part of the Constitution. If the
					 proposed amendment is approved, the words
UNDERLINED
in the joint
					 resolution will be added to the Constitution.
Anyone who needs help reading this advertisement or needs
					 the text of the proposed amendment in an alternative format may call or write
					 the Pennsylvania Department of State, Bureau of Commissions, Elections and
					 Legislation, Room 210 North Office Building, Harrisburg, PA 17120,
					 1-877-868-3772, ra-BCEL@ pa.gov.
Robert Torres, Acting Secretary of the Commonwealth
Joint Resolution 2018-1
Proposing an amendment to the Constitution of the
					 Commonwealth of Pennsylvania, providing for rights of victims of crime.
The General Assembly of the Commonwealth of Pennsylvania
					 hereby resolves as follows:
Section 1. The following amendment to the Constitution of
					 Pennsylvania is proposed in accordance with Article XI:
That Article I be amended by adding a section to
					 read:
§
											9.1. Rights of victims of
					 crime.
(a) To secure for victims justice and due process
					 throughout the criminal and juvenile justice systems, a victim shall have the
					 following rights, as further provided and as defined by the General Assembly,
					 which shall be protected in a manner no less vigorous than the rights afforded
					 to the accused: to be treated with fairness and respect for the victim's
					 safety, dignity and privacy; to have the safety of the victim and the victim's
					 family considered in fixing the amount of bail and release conditions for the
					 accused; to reasonable and timely notice of and to be present at all public
					 proceedings involving the criminal or delinquent conduct; to be notified of any
					 pretrial disposition of the case; with the exception of grand jury proceedings,
					 to be heard in any proceeding where a right of the victim is implicated,
					 including, but not limited to, release, plea, sentencing, disposition, parole
					 and pardon; to be notified of all parole procedures, to participate in the
					 parole process, to provide information to be considered before the parole of
					 the offender, and to be notified of the parole of the offender; to reasonable
					 protection from the accused or any person acting on behalf of the accused; to
					 reasonable notice of any release or escape of the accused; to refuse an
					 interview, deposition or other discovery request made by the accused or any
					 person acting on behalf of the accused; full and timely restitution from the
					 person or entity convicted for the unlawful conduct; full and timely
					 restitution as determined by the court in a juvenile delinquency proceeding; to
					 the prompt return of property when no longer needed as evidence; to proceedings
					 free from unreasonable delay and a prompt and final conclusion of the case and
					 any related postconviction proceedings; to confer with the attorney for the
					 government; and to be informed of all rights enumerated in this
					 section.
(b) The victim or the attorney for the government
					 upon request of the victim may assert in any trial or appellate court, or
					 before any other authority, with jurisdiction over the case, and have enforced,
					 the rights enumerated in this section and any other right afforded to the
					 victim by law. This section does not grant the victim party status or create
					 any cause of action for compensation or damages against the Commonwealth or any
					 political subdivision, nor any officer, employee or agent of the Commonwealth
					 or any political subdivision, or any officer or employee of the
					 court.
(c) As used in this section and as further defined
					 by the General Assembly, the term ''victim'' includes any person against whom
					 the criminal offense or delinquent act is committed or who is directly harmed
					 by the commission of the offense or act. The term ''victim'' does not include
					 the accused or a person whom the court finds would not act in the best
					 interests of a deceased, incompetent, minor or incapacitated
					 victim.
Section 2.
(a) Upon the first passage by the General Assembly of this
					 proposed constitutional amendment, the Secretary of the Commonwealth shall
					 proceed immediately to comply with the advertising requirements of section 1 of
					 Article XI of the Constitution of Pennsylvania and shall transmit the required
					 advertisements to two newspapers in every county in which such newspapers are
					 published in sufficient time after passage of this proposed constitutional
					 amendment.
(b) Upon the second passage by the General Assembly of this
					 proposed constitutional amendment, the Secretary of the Commonwealth shall
					 proceed immediately to comply with the advertising requirements of section 1 of
					 Article XI of the Constitution of Pennsylvania and shall transmit the required
					 advertisements to two newspapers in every county in which such newspapers are
					 published in sufficient time after passage of this proposed constitutional
					 amendment. The Secretary of the Commonwealth shall submit this proposed
					 constitutional amendment to the qualified electors of this Commonwealth at the
					 first primary, general or municipal election which meets the requirements of
					 and is in conformance with section 1 of Article XI of the Constitution of
					 Pennsylvania and which occurs at least three months after the proposed
					 constitutional amendment is passed by the General Assembly.
PAID FOR WITH PENNSYLVANIA TAXPAYER DOLLARS. THIS
					 ADVERTISEMENT IS FUNDED IN WHOLE BY THE GENERAL FUND.