PRINTER'S NO. 3111
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2596
Session of
2022
INTRODUCED BY CONKLIN, BIZZARRO, BURNS, HOHENSTEIN, KENYATTA,
KINSEY, KOSIEROWSKI, MADDEN, MALAGARI, SANCHEZ, SCHWEYER,
SHUSTERMAN, STURLA AND YOUNG, MAY 13, 2022
REFERRED TO COMMITTEE ON JUDICIARY, MAY 13, 2022
A JOINT RESOLUTION
Proposing separate and distinct amendments to the Constitution
of the Commonwealth of Pennsylvania, further providing for
ineligibility by criminal convictions, for qualifications of
Governor, Lieutenant Governor and Attorney General and for
qualifications of justices, judges and justices of the peace;
providing for ineligibility of civil officers; and imposing a
duty on the General Assembly.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following separate and distinct amendments to
the Constitution of Pennsylvania are proposed in accordance with
Article XI:
(1) That section 7 of Article II be amended to read:
§ 7. Ineligibility by criminal convictions.
No person [hereafter convicted of] sentenced for embezzlement
of public moneys, bribery, perjury or other infamous crime, or
for physically or sexually abusing a family or household member,
shall be eligible to the General Assembly, or capable of holding
any office of trust or profit in this Commonwealth.
For the purposes of this section, a "family or household
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member" shall mean a spouse or a person who has been a spouse, a
person living as a spouse or who lived as a spouse, a parent and
a child, other persons related by consanguinity or affinity, a
current or former sexual or intimate partner or a person who
shares biological parenthood.
(2) That section 5 of Article IV be amended to read:
§ 5. Qualifications of Governor, Lieutenant Governor and
Attorney General.
No person shall be eligible to the office of Governor,
Lieutenant Governor or Attorney General except a citizen of the
United States, who shall have attained the age of 30 years, and
have been seven years next preceding his election an inhabitant
of this Commonwealth, unless he shall have been absent on the
public business of the United States or of this Commonwealth. No
person shall be eligible to the office of Attorney General
except a member of the bar of the Supreme Court of Pennsylvania.
No person sentenced for physically or sexually abusing a family
or household member shall be eligible to the office of Governor,
Lieutenant Governor or Attorney General.
For the purposes of this section, a "family or household
member" shall mean a spouse or an individual who has been a
spouse, an individual living as a spouse or who lived as a
spouse, a parent and a child, other individuals related by
consanguinity or affinity, a current or former sexual or
intimate partner or an individual who shares biological
parenthood.
(3) That section 12 of Article V be amended to read:
§ 12. Qualifications of justices, judges and justices of the
peace.
(a) Justices, judges and justices of the peace shall be
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citizens of the Commonwealth. Justices and judges, except the
judges of the traffic court in the City of Philadelphia, shall
be members of the bar of the Supreme Court. Justices and judges
of statewide courts, for a period of one year preceding their
election or appointment and during their continuance in office,
shall reside within the Commonwealth. Other judges and justices
of the peace, for a period of one year preceding their election
or appointment and during their continuance in office, shall
reside within their respective districts, except as provided in
this article for temporary assignments.
(b) Justices of the peace shall be members of the bar of the
Supreme Court or shall complete a course of training and
instruction in the duties of their respective offices and pass
an examination prior to assuming office. Such courses and
examinations shall be as provided by law.
(c) No person sentenced for physically or sexually abusing a
family or household member shall be eligible to be a justice,
judge or justice of the peace. For the purposes of this
subsection, a "family or household member" shall mean a spouse
or an individual who has been a spouse, an individual living as
a spouse or who lived as a spouse, a parent and a child, other
individuals related by consanguinity or affinity, a current or
former sexual or intimate partner or an individual who shares
biological parenthood.
(4) That Article VI be amended by adding a section to read:
§ 2.1. Ineligibility of civil officers.
No person sentenced for physically or sexually abusing a
family or household member shall be eligible to the office of a
civil officer. For the purposes of this section, a "family or
household member" shall mean a spouse or an individual who has
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been a spouse, an individual living as a spouse or who lived as
a spouse, a parent and a child, other individuals related by
consanguinity or affinity, a current or former sexual or
intimate partner or an individual who shares biological
parenthood.
Section 2. (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 amendment under
section 1(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 amendment is passed by the General Assembly.
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(2) Submit the proposed constitutional amendment under
section 1(2) of this resolution to the qualified electors of
this Commonwealth as separate ballot questions 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.
(3) Submit the proposed constitutional amendment under
section 1(3) of this resolution to the qualified electors of
this Commonwealth as separate ballot questions 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.
(4) Submit the proposed constitutional amendment under
section 1(4) of this resolution to the qualified electors of
this Commonwealth as separate ballot questions 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.
Section 3. The following shall apply:
(1) The amendment of section 7 of Article II of the
Constitution of Pennsylvania shall apply to persons elected
or appointed on and after the adoption of the constitutional
amendments by the electorate.
(2) The amendment of section 5 of Article IV of the
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Constitution of Pennsylvania shall apply to persons elected
on and after the adoption of the constitutional amendment by
the electorate.
(3) The amendment of section 12 of Article V of the
Constitution of Pennsylvania shall apply to persons elected
or appointed on and after the adoption of the constitutional
amendment by the electorate.
(4) The addition of section 2.1 of Article VI of the
Constitution of Pennsylvania shall apply to persons elected
or appointed on and after the adoption of the constitutional
amendments by the electorate.
Section 4. Within two years of the approval of any of the
constitutional amendments under section 2, the General Assembly
shall, by statute, define physical or sexual abuse for purposes
of the approved constitutional amendments.
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