Trial Engrossment of Amendment A01143 to House Bill 0196 P.N. 0168, Regular Session 2019-2020

PRIOR PASSAGE - NONE

A01143

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

196

Session of

2019

INTRODUCED BY DIAMOND, BERNSTINE, CAUSER, DUSH, EMRICK, EVERETT,

IRVIN, JAMES, KAUFFMAN, KEEFER, MACKENZIE, MILLARD,

B. MILLER, PICKETT, RADER, RAPP, ROAE, ROTHMAN, RYAN, SAYLOR,

WARNER AND ZIMMERMAN, JANUARY 28, 2019

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 28, 2019

A JOINT RESOLUTION

Proposing integrated and distinct amendments to the Constitution

of the Commonwealth of Pennsylvania, organizing the Judiciary

into representative districts and further providing for

residency requirements; and providing for rights of victims

of crime.

The General Assembly of the Commonwealth of Pennsylvania

hereby resolves as follows:

Section 1. The following integrated amendments to the

Constitution of Pennsylvania are proposed in accordance with

Article XI:

(1) That section 2 of Article V be amended to read:

§ 2. Supreme Court.

The Supreme Court (a) shall be the highest court of the

Commonwealth and in this court shall be reposed the supreme

judicial power of the Commonwealth;

(b) shall consist of seven justices, to be elected from

seven judicial districts which shall be established by law, one

of whom shall be the Chief Justice; and

law.

(2) That section 3 of Article V be amended to read:

§ 3. Superior Court.

The Superior Court shall be a statewide court, and shall

consist of the number of judges, which shall be not less than

seven judges, to be elected from judicial districts which shall

be established by law, and have such jurisdiction as shall be

provided by this Constitution or by the General Assembly. One of

its judges shall be the president judge.

(3) That section 4 of Article V be amended to read:

§ 4. Commonwealth Court.

The Commonwealth Court shall be a statewide court, and shall

consist of the number of judges, to be elected from judicial

districts which shall be established by law, and have such

jurisdiction as shall be provided by law. One of its judges

shall be the president judge.

(4) That section 11 of Article V be amended to read:

§ 11. Judicial districts; boundaries.

[The number and boundaries of judicial districts shall be

changed by the General Assembly only with the advice and consent

of the Supreme Court.]

(a) The number of judges and justices of the Supreme Court,

the Superior Court and the Commonwealth Court elected from each

judicial district shall provide every resident of the

Commonwealth with approximately equal representation on a court.

Each judicial district shall be composed of compact and

contiguous territory as nearly equal in population as

practicable. Each judicial district shall elect one judge or

justice. Unless absolutely necessary, no county, city,

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incorporated town, borough, township or ward may be divided in

forming a judicial district.

(b) The General Assembly shall, by law, establish:

(1) The judicial districts from which justices of the

Supreme Court and the judges of the Superior Court and the

Commonwealth Court are elected.

(2) A transition to an appellate court judiciary elected

from judicial districts.

(3) The effect of set judicial districts upon eligibility to

seek retention election.

(4) The order in which judicial districts shall elect

justices of the Supreme Court and judges of the Superior Court

and the Commonwealth Court.

(5) The decennial realignment of the appellate judicial

districts based on the Federal decennial census, beginning in

2021 and occurring each ten years thereafter.

7(b), the number and boundaries of all other judicial districts

shall be established by the General Assembly by law, with the

advice and consent of the Supreme Court.

(5) 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

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

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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.

Section 3. (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 submit the proposed constitutional amendments

under section 1 of this resolution to the qualified electors of

this Commonwealth as a single ballot question as provided under

subsection (c) at the first primary, general or municipal

election which meets the requirements of and is in conformance

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with section 1 of Article XI of the Constitution of Pennsylvania

and which occurs at least three months after the proposed

constitutional amendments are passed by the General Assembly.

Section 2. The following distinct 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

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

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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

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.

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.

Section 3. (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

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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 amendments under

section 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 amendments are passed

by the General Assembly.

(2) Submit the proposed constitutional amendment under

section 2 of this resolution to the qualified electors of this

Commonwealth as a separate 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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proposed constitutional amendments under section 1 on the ballot

as a single ballot question in the following form:

Shall sections 2, 3, 4, 11 and 12 of Article V of the

Pennsylvania Constitution be amended to require that

judges and justices of the Supreme Court, the Superior

Court and the Commonwealth Court be elected from judicial

districts established by the General Assembly which must

be compact, contiguous and nearly equal in population as

practicable and to require that all justices, judges and

justices of the peace to be residents of their judicial

districts for one year preceding election or appointment

and during service?

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