Amendment 1143 to House Bill 196 P.N. 0168, Regular Session 2019-2020

H0196B0168A01143 BIL:AAS 05/02/19 #90 A01143

AMENDMENTS TO HOUSE BILL NO. 196

Sponsor: REPRESENTATIVE BIZZARRO

Printer's No. 168

Amend Bill, page 1, line 1, by inserting after "integrated"

and distinct

Amend Bill, page 1, line 4, by inserting after "requirements"

; and providing for rights of victims of crime

Amend Bill, page 4, lines 10 through 30; page 5, lines 1

through 3; by striking out all of said lines on said pages and

inserting

Section 2. The following distinct 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

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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.

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 3. (a) Upon the first passage by the General

Assembly of these proposed constitutional amendments, 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 these proposed constitutional amendments.

(b) Upon the second passage by the General Assembly of these

proposed constitutional amendments, 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

these proposed constitutional amendments. The Secretary of the

Commonwealth shall:

(1) Submit the proposed constitutional amendments under

section 1 of this resolution to the qualified electors of this

Commonwealth as a single ballot question 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 amendments are passed

by the General Assembly.

(2) Submit the proposed constitutional amendment under

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section 2 of this resolution to the qualified electors of this

Commonwealth as a separate ballot question 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.

Amend Bill, page 5, line 4, by striking out "these" and

inserting

the

Amend Bill, page 5, line 5, by inserting after "amendments"

under section 1

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