Regular Session 2017-2018 House Bill 2008 P.N. 2878

PRIOR PASSAGE - NONE

PRINTER'S NO. 2878

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2008

Session of

2018

INTRODUCED BY PETRARCA, JANUARY 11, 2018

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 11, 2018

A JOINT RESOLUTION

Proposing an amendment to the Constitution of the Commonwealth

of Pennsylvania, providing for rights of crime victims.

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:

§ 29. Rights of victims.

(a) A crime victim in this Commonwealth shall have the right

to the following:

(1) The right to due process, fairness and respect for the

crime victim's dignity.

(2) The right to be f ree from intimidation, harassment and

abuse.

(3) The right to protection from the defendant and a person

acting on behalf of the defendant.

(4) The right to consideration of the crime victim's safety

and welfare and the crime victim's family regarding decisions on

bail or release from confinement.

(5) The right to maintain the confidentiality of information

or records which could be used to locate or harass the crime

victim or the crime victim's family.

(6) The right to privacy, including setting reasonable

conditions for interactions with law enforcement and refusing to

participate in interviews, dispositions and discovery requests

from law enforcement or the prosecuting attorneys.

(7) The right to the reasonable, accurate and timely notice

of a proceeding involving the criminal conduct, plea,

sentencing, adjudication, release or escape of the defendant or

a right of the crime victim under this subsection.

(8) The right to attend a proceeding involving the release,

plea, sentencing, adjudication or parole of the defendant or a

right of the crime victim under this subsection.

(9) The right to converse with the prosecuting attorney.

(10) The right to provide information regarding the impact

of the defendant's conduct toward the crime victim or the crime

victim's family to the person responsible for conducting a

presentence investigation.

(11) The right to have information regarding the impact of

the defendant's conduct toward the crime victim or the crime

victim's family considered in sentencing recommendations

submitted to the court with jurisdiction.

(12) The right to receive a copy of a presentence report or

any other report involving the right of the crime victim,

excluding confidential information as provided by law.

(13) The right to the prompt return of the crime victim's

property if the property is not being used as evidence against

the defendant.

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(14) The right to a full and timely restitution from the

convicted offender for all money and property lost or stolen as

a result of the criminal conduct.

(15) The right to a criminal proceeding free from

unreasonable delay, including a postjudgment proceeding, and a

prompt and final conclusion of a criminal proceeding.

(16) The right to be informed of the conviction, sentence,

adjudication, place and time of incarceration or other

disposition of the convicted offender, the scheduled release

date of the convicted offender and the escape by the convicted

offender from custody.

(17) The right to be informed of postconviction procedures,

participate in postconviction procedures, provide information

to be considered before a decision to release the convicted

offender is made and be notified of a release decision regarding

the convicted offender.

(18) The right to be informed of clemency and expungement

procedures, provide information to the Governor, the court with

jurisdiction, a clemency board or other authority regarding

clemency and expungement procedures and have the information

considered before a clemency or expungement decision is made.

(19) The right to be informed of the rights specified in

this subsection.

(b) Upon request of the crime victim, the attorney of the

crime victim, a lawful representative of the crime victim or the

prosecuting attorney may assert and seek enforcement of the

rights specified under subsection (a) and any other right

afforded to the crime victim by law in a court with jurisdiction

or other applicable authority. The court with jurisdiction or

other applicable authority shall act promptly upon such a

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request and afford a remedy by due course of law for the

violation of a right specified under subsection (a). The reasons

for a decision regarding the disposition of a crime victim's

right shall be clearly stated on the record.

other rights of crime victims. The provisions of this section

shall apply in criminal and juvenile justice proceedings and no

further action shall be required by the General Assembly to

effectuate the provisions of this section.

(d) As used in this section, crime victim shall mean the

following:

(1) A person who suffers direct or threatened physical,

psychological or financial harm as a result of the commission or

attempted commission of a crime or delinquent act or against

whom the crime or delinquent act is committed.

(2) A spouse, parent, grandparent, child, sibling,

grandchild or guardian or a person with a substantially similar

relationship to a person under paragraph (1) or a lawful

representative of a person under paragraph (1) who is deceased,

incompetent, a minor or physically or mentally incapacitated who

the court determines would act in the best interest of the

person under paragraph (1).

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.

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(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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