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PRIOR PASSAGE - J.R. 2018-1
A00107
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
276
Session of
2019
INTRODUCED BY DELOZIER, BENNINGHOFF, BARRAR, BERNSTINE,
BIZZARRO, BOBACK, CALTAGIRONE, COMITTA, COOK, CUTLER,
T. DAVIS, DiGIROLAMO, ECKER, EVERETT, FARRY, FLYNN, FRITZ,
GLEIM, GREGORY, HERSHEY, HICKERNELL, HILL-EVANS, KAUFFMAN,
KEEFER, KLUNK, KORTZ, MALONEY, MATZIE, McNEILL, MIZGORSKI,
MURT, NELSON, OBERLANDER, ORTITAY, PASHINSKI, PICKETT,
RAVENSTAHL, READSHAW, RYAN, SAYLOR, SCHLOSSBERG, STRUZZI,
TOEPEL, TOOHIL, TOPPER, ZIMMERMAN, KINSEY AND ROZZI,
FEBRUARY 1, 2019
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 1, 2019
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; 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
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
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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.
(c) As used in this section and as further defined by the
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.
§ 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:
(1) The right to due process and to be treated with fairness
and respect for the victim's dignity.
(2) The right to be reasonably protected and free from
intimidation, harassment and abuse from the accused and a person
acting on behalf of the accused.
(3) The right to have the safety and welfare of the victim
and the victim's family considered when setting bail or making
release decisions.
(4) The right, upon request, to privacy, which includes the
right to refuse an interview, deposition or other discovery
request, and to set reasonable conditions on the conduct of the
interaction to which the victim consents.
(5) The right, upon request, to reasonable, accurate and
timely notice of, and to be present at, each proceeding
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involving the criminal or delinquent conduct, including release,
plea, sentencing, adjudication and disposition, and each
proceeding during which a right of the victim is implicated.
(6) The right to be heard in each proceeding involving
release, plea, sentencing, adjudication, disposition or parole,
and each proceeding during which a right of the victim is
implicated.
(7) The right, upon request, to confer with the attorney for
the government.
(8) The right to provide information regarding the impact of
the offender's conduct on the victim and the victim's family to
the individual responsible for conducting a pre-sentence or
disposition investigation or compiling a pre-sentence
investigation report or plan of disposition, and to have the
information considered in a sentencing or disposition
recommendation.
(9) The right, upon request, to receive a copy of each pre-
sentence report or plan of disposition, and each other report or
record relevant to the exercise of a victim's right, except for
the portions made confidential by law.
(10) The right, upon request, to the prompt return of the
victim's property if no longer needed as evidence in the case.
(11) The right to full and timely restitution in each case
and from each offender for all losses suffered by the victim as
a result of the criminal conduct and as provided by law for all
losses suffered as a result of delinquent conduct.
(12) The right to proceedings free from unreasonable delay
and to a prompt and final conclusion of the case and related
post-judgment proceedings.
(13) The right, upon request, to be informed of the
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conviction, adjudication, sentence, disposition, place and time
of incarceration, detention or other disposition of the
offender, each scheduled release date of the offender, and the
release of or the escape by the offender from custody.
(14) The right, upon request, to be informed in a timely
manner of each post-judgment process and procedure, to
participate in the processes and procedures, to provide
information to the release authority to be considered before a
release decision is made and to be notified of each release
decision regarding the offender. A parole authority shall extend
the right to be heard to each person harmed by the offender.
(15) The right, upon request, to be informed in a timely
manner of pardon and expungement procedures, to provide
information to the Governor, the court, a pardon board and other
authority in the procedures, to have the information considered
before a pardon or expungement decision is made, and to be
notified of the decision in advance of a release of the
offender.
(16) The right to be informed of the rights under this
section and to be informed that a victim can seek the advice of
an attorney with respect to the victim's rights. The information
shall be made available to the general public and provided to
each crime victim.
(b) The victim or the attorney for the government upon
request of the victim may assert in a trial or appellate court,
or before another authority, with jurisdiction over the case,
and have enforced, the rights under this section and any other
right afforded to the victim by law. This section shall not
grant the victim party status or create a cause of action for
compensation or damages against the Commonwealth or a political
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subdivision of the Commonwealth, or against an officer, employee
or agent of the Commonwealth or a political subdivision of the
Commonwealth, or an officer or employee of the court.
(c) The granting of the rights under this section to a
victim shall ensure that the victim has a meaningful role
throughout the criminal and juvenile justice systems and may not
be construed to deny or disparage other rights possessed by a
victim. The Legislature may enact substantive and procedural
laws to further define, implement, preserve and protect the
rights guaranteed to a victim under this section.
(d) As used in this section, the term "victim" means a
person against whom a crime or delinquent act is committed or,
for a victim who is killed or incapacitated as a result of the
crime or delinquent act, a person who is directly harmed by the
commission of the offense or act. The term 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
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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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