PA Constitutional Ammendments, Public Notices

PROPOSED AMENDMENT TO THE CONSTITUTION OF PENNSYLVANIA

The following is a true and correct copy of a joint resolution of the General
Assembly regarding an amendment to the Constitution of Pennsylvania
that was proposed in the General Assembly during the 2018 session. The
proposed amendment was agreed to by a majority of the members elected
to the Senate and the House of Representatives. Pursuant to Article XI,
Section 1 of the Constitution, the Secretary of the Commonwealth has
caused the proposed amendment to be published here. If this proposed
amendment is agreed to by a majority of the Senators and Representatives
elected to the General Assembly at the upcoming November 6, 2018 General
Election, the proposed amendment so approved will be published again
and then submitted to the voters of Pennsylvania for approval. If approved
by a majority of the voters voting on it, the corresponding amendment
becomes part of the Constitution. If the proposed amendment is approved,
the words UNDERLINED in the joint resolution will be added to the
Constitution.

Anyone who needs help reading this advertisement or needs the text
of the proposed amendment in an alternative format may call or write
the Pennsylvania Department of State, Bureau of Commissions, Elections
and Legislation, Room 210 North Office Building, Harrisburg, PA 17120,
1-877-868-3772, ra-BCEL@pa.gov.
Robert Torres, Acting Secretary of the Commonwealth
___ ___ ___ ___
Joint Resolution 2018-1
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:

§ 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 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.

(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 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.