PRIOR PASSAGE - NONE
PRINTER'S NO. 118
No. 106 Session of 1983
INTRODUCED BY GALLAGHER, MERRY, MRKONIC, ALDERETTE AND COY,
JANUARY 31, 1983
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 31, 1983
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, restricting the power of the Governor to
3 grant and the Board of Pardons to recommend pardons and
4 commutation of sentences for persons sentenced to life
5 imprisonment.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby resolves as follows:
8 Section 1. The following amendment to the Constitution of
9 Pennsylvania is proposed in accordance with Article XI:
10 That section 9 of Article IV be amended to read:
11 § 9. Pardoning power; Board of Pardons.
12 (a) In all criminal cases except impeachment the Governor
13 shall have power to remit fines and forfeitures, to grant
14 reprieves, commutation of sentences and pardons; but no pardon
15 shall be granted, nor sentence commuted, except on the
16 recommendation in writing of a majority of the Board of Pardons,
17 after full hearing in open session, upon due public notice. The
18 recommendation, with the reasons therefor at length, shall be
1 delivered to the Governor and a copy thereof shall be kept on
2 file in the office of the Lieutenant Governor in a docket kept
3 for that purpose. The Governor shall not have the power to
4 pardon or commute the sentence of any person who is sentenced to
5 life imprisonment for murder.
6 (b) The Board of Pardons shall consist of the Lieutenant
7 Governor who shall be chairman, the Attorney General and three
8 members appointed by the Governor with the consent of two-thirds
9 or a majority of the members elected to the Senate as is
10 specified by law for terms of six years. The three members
11 appointed by the Governor shall be residents of Pennsylvania and
12 shall be recognized leaders in their fields; one shall be a
13 member of the bar, one a penologist, and the third a doctor of
14 medicine, psychiatrist or psychologist. The board shall keep
15 records of its actions, which shall at all times be open for
16 public inspection. The board shall not have the power to review
17 or make recommendations relating to the pardon or commutation of
18 sentence of any person who is sentenced to life imprisonment for
19 murder.
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