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PRIOR PASSAGE - NONE
A07353
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 , 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; upon request, to have the safety of the victim and the
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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 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 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.
(c) As used in this section and as further defined by the
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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