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PRIOR PASSAGE - NONE
PRIOR PRINTER'S NO. 1402
PRINTER'S NO. 1564
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1011
Session of
2018
INTRODUCED BY RESCHENTHALER, ARGALL, RAFFERTY, FONTANA, MARTIN,
BARTOLOTTA, SABATINA, COSTA, YAW, STEFANO, SCHWANK, KILLION,
BOSCOLA, VULAKOVICH, HUGHES, REGAN, McGARRIGLE, BAKER,
WAGNER, FOLMER, BROWNE, DiSANTO, VOGEL, SCARNATI, WARD,
CORMAN, BROOKS, WHITE, YUDICHAK, AUMENT, BLAKE AND DINNIMAN,
JANUARY 2, 2018
AS AMENDED ON THIRD CONSIDERATION, MARCH 20, 2018
A JOINT RESOLUTION
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:
ยง 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 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; upon request, to reasonable and timely
notice , AS DEFINED BY THE GENERAL ASSEMBLY, of and to be present
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at all public proceedings involving the criminal or delinquent
conduct; with the exception of grand jury proceedings, to be
heard in any proceeding involving WHERE A RIGHT OF THE VICTIM IS
IMPLICATED, INCLUDING, BUT NOT LIMITED TO, release, plea,
sentencing, disposition, parole and any proceeding during which
a right of the victim is implicated PARDON ; to reasonable
protection from the accused or any person acting on behalf of
the accused; upon request, to reasonable notice , AS DEFINED BY
THE GENERAL ASSEMBLY, of any release or escape of an 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
or adjudicated responsible for the unlawful conduct; to
proceedings free from unreasonable delay and a prompt conclusion
of the case; upon request, to confer with the attorney for the
government; and to be informed of all rights enumerated in this
section.
(b) The victim, the victim's attorney or other lawful
representative, 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, counties,
cities or municipalities, nor any officer, employee or agent of
the Commonwealth, counties, cities or municipalities, or any
officer or employee of a court.
(c) As used in this section, the term "victim" includes any
person AS DEFINED BY THE GENERAL ASSEMBLY against whom the
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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.
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