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PRIOR PASSAGE - J.R. 2018-1
A00113
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:
ยง 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 , except for a lawfully issued subpoena
or court order, 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
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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.
(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.
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
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
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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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