Regular Session 2017-2018 Senate Bill 1011 P.N. 1824

HOUSE AMENDED

PRIOR PASSAGE - NONE

PRIOR PRINTER'S NOS. 1402, 1564

PRINTER'S NO. 1824

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, DINNIMAN,

TARTAGLIONE AND SCAVELLO, JANUARY 2, 2018

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 5, 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:

§ 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

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privacy; upon request, 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 , as defined by the General Assembly, 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; upon

request, to reasonable notice , as defined by the General

Assembly, of any release or escape of an 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 or

adjudicated responsible 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 ; 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

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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 OR ANY POLITICAL SUBDIVISION , nor any

officer, employee or agent of the Commonwealth , counties, cities

or municipalities OR ANY POLITICAL SUBDIVISION , or any officer

or employee of a THE court.

GENERAL ASSEMBLY , the term "victim" includes any person as

defined by the General Assembly 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

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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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