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                          PRIOR PASSAGE - J.R. 2002-1
                                                        PRINTER'S NO. 49



No. 55 Session of 2003

           JANUARY 24, 2003


                               A JOINT RESOLUTION

     1  Proposing separate amendments to the Constitution of the
     2     Commonwealth of Pennsylvania, further providing for rights of
     3     accused in criminal prosecutions and for judicial
     4     administration.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby resolves as follows:
     7     Section 1.  The following separate amendments to the
     8  Constitution of Pennsylvania are proposed in accordance with
     9  Article XI:
    10     (1)  That section 9 of Article I be amended to read:
    11  § 9.  Rights of accused in criminal prosecutions.
    12     In all criminal prosecutions the accused hath a right to be
    13  heard by himself and his counsel, to demand the nature and cause
    14  of the accusation against him, to [meet the witnesses face to
    15  face] be confronted with the witnesses against him, to have
    16  compulsory process for obtaining witnesses in his favor, and, in
    17  prosecutions by indictment or information, a speedy public trial

     1  by an impartial jury of the vicinage; he cannot be compelled to
     2  give evidence against himself, nor can he be deprived of his
     3  life, liberty or property, unless by the judgment of his peers
     4  or the law of the land. The use of a suppressed voluntary
     5  admission or voluntary confession to impeach the credibility of
     6  a person may be permitted and shall not be construed as
     7  compelling a person to give evidence against himself.
     8     (2)  That section 10(c) of Article V be amended to read:
     9  § 10.  Judicial administration.
    10     * * *
    11     (c)  The Supreme Court shall have the power to prescribe
    12  general rules governing practice, procedure and the conduct of
    13  all courts, justices of the peace and all officers serving
    14  process or enforcing orders, judgments or decrees of any court
    15  or justice of the peace, including the power to provide for
    16  assignment and reassignment of classes of actions or classes of
    17  appeals among the several courts as the needs of justice shall
    18  require, and for admission to the bar and to practice law, and
    19  the administration of all courts and supervision of all officers
    20  of the Judicial Branch, if such rules are consistent with this
    21  Constitution and neither abridge, enlarge nor modify the
    22  substantive rights of any litigant, nor affect the right of the
    23  General Assembly to determine the jurisdiction of any court or
    24  justice of the peace, nor suspend nor alter any statute of
    25  limitation or repose. All laws shall be suspended to the extent
    26  that they are inconsistent with rules prescribed under these
    27  provisions. Notwithstanding the provisions of this section, the
    28  General Assembly may by statute provide for the manner of
    29  testimony of child victims or child material witnesses in
    30  criminal proceedings, including the use of videotaped
    20030S0055B0049                  - 2 -     

     1  depositions or testimony by closed-circuit television.
     2     * * *
     3     Section 2.  (a)  Upon the first passage by the General
     4  Assembly of these proposed constitutional amendments, the
     5  Secretary of the Commonwealth shall proceed immediately to
     6  comply with the advertising requirements of section 1 of Article
     7  XI of the Constitution of Pennsylvania and shall transmit the
     8  required advertisements to two newspapers in every county in
     9  which such newspapers are published in sufficient time after
    10  passage of these proposed constitutional amendments.
    11     (b)  Upon the second passage by the General Assembly of these
    12  proposed constitutional amendments, the Secretary of the
    13  Commonwealth shall proceed immediately to comply with the
    14  advertising requirements of section 1 of Article XI of the
    15  Constitution of Pennsylvania and shall transmit the required
    16  advertisements to two newspapers in every county in which such
    17  newspapers are published in sufficient time after passage of
    18  these proposed constitutional amendments. The Secretary of the
    19  Commonwealth shall submit the proposed constitutional amendments
    20  under section 1 to the qualified electors of this Commonwealth
    21  as separate ballot questions at the first primary, general or
    22  municipal election occurring at least three months after the
    23  proposed constitutional amendments are passed by the General
    24  Assembly.

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