PRIOR PASSAGE - NONE
PRINTER'S NO. 885
No. 758 Session of 2003
INTRODUCED BY LYNCH, BEBKO-JONES, BISHOP, CAPPELLI, CREIGHTON,
DeLUCA, HESS, HORSEY, JAMES, KIRKLAND, LEH, McILHATTAN,
REICHLEY, ROHRER, SATHER, STERN, THOMAS, TURZAI AND
WASHINGTON, MARCH 6, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 6, 2003
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, authorizing time parameters for action on
3 pardons.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby resolves as follows:
6 Section 1. The following amendment to the Constitution of
7 Pennsylvania is proposed in accordance with Article XI:
8 That section 9(a) of Article IV be amended to read:
9 § 9. Pardoning power; Board of Pardons.
10 (a) In all criminal cases except impeachment the Governor
11 shall have power to remit fines and forfeitures, to grant
12 reprieves, commutation of sentences and pardons; but no pardon
13 shall be granted, nor sentence commuted, except on the
14 recommendation in writing of a majority of the Board of Pardons,
15 and, in the case of a sentence of death or life imprisonment, on
16 the unanimous recommendation in writing of the Board of Pardons,
17 after full hearing in open session, upon due public notice. The
1 recommendation, with the reasons therefor at length, shall be
2 delivered to the Governor and a copy thereof shall be kept on
3 file in the office of the Lieutenant Governor in a docket kept
4 for that purpose. The Governor, upon receipt of a recommendation
5 in writing from the Board of Pardons, shall have one year in
6 which to act on the recommendation.
7 * * *
8 Section 2. (a) Upon the first passage by the General
9 Assembly of this proposed constitutional amendment, the
10 Secretary of the Commonwealth shall proceed immediately to
11 comply with the advertising requirements of section 1 of Article
12 XI of the Constitution of Pennsylvania and shall transmit the
13 required advertisements to two newspapers in every county in
14 which such newspapers are published in sufficient time after
15 passage of this proposed constitutional amendment.
16 (b) Upon the second passage by the General Assembly of this
17 proposed constitutional amendment, the Secretary of the
18 Commonwealth shall proceed immediately to comply with the
19 advertising requirements of section 1 of Article XI of the
20 Constitution of Pennsylvania and shall transmit the required
21 advertisements to two newspapers in every county in which such
22 newspapers are published in sufficient time after passage of
23 this proposed constitutional amendment. The Secretary of the
24 Commonwealth shall submit this proposed constitutional amendment
25 to the qualified electors of this Commonwealth at the first
26 primary, general or municipal election which meets the
27 requirements of and is in conformance with section 1 of Article
28 XI of the Constitution of Pennsylvania and which occurs at least
29 three months after the proposed constitutional amendment is
30 passed by the General Assembly.
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