PRIOR PASSAGE - NONE
        PRIOR PRINTER'S NO. 220                        PRINTER'S NO. 780

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 218 Session of 1993


        INTRODUCED BY GREENLEAF, LEWIS, CORMAN, HART, FISHER, MADIGAN,
           ROBBINS, SALVATORE, SCHWARTZ AND SHUMAKER, JANUARY 12, 1993

        SENATOR LEWIS, JUDICIARY, AS AMENDED, MARCH  23, 1993

                               A JOINT RESOLUTION

     1  Proposing an amendment to the Constitution of the Commonwealth
     2     of Pennsylvania, further providing for rights of accused in
     3     criminal prosecutions.

     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 of Article I be amended to read:
     9  § 9.  Rights of accused in criminal prosecutions.
    10     In all criminal prosecutions the accused hath a right to be
    11  heard by himself and his counsel, to demand the nature and cause
    12  of the accusation against him, to [meet the witnesses face to
    13  face] be confronted with the witnesses against him, to have
    14  compulsory process for obtaining witnesses in his favor, and, in
    15  prosecutions by indictment or information, a speedy public trial
    16  by an impartial jury of the vicinage; he cannot be compelled to
    17  give evidence against himself, nor can he be deprived of his
    18  life, liberty or property, unless by the judgment of his peers

     1  or the law of the land. The use of a suppressed voluntary
     2  admission or voluntary confession to impeach the credibility of
     3  a person may be permitted and shall not be construed as
     4  compelling a person to give evidence against himself.
     5  Notwithstanding the provisions of this section, the General
     6  Assembly may by statute provide for the manner of testimony of
     7  child victims or child material witnesses in criminal
     8  proceedings, including the use of videotaped depositions or
     9  testimony by closed-circuit television. Nothing in this section   <--
    10  shall be construed to prohibit the use of hearsay testimony in a
    11  criminal proceeding where such testimony is otherwise admissible
    12  by rule, statute or common law.












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