4 Pa. Code 801 app A
PUBLIC NOTICE .
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.
PAID FOR WITH PENNSYLVANIA TAXPAYER DOLLARS. THIS ADVERTISEMENT IS FUNDED IN WHOLE BY THE GENERAL FUND.
4 Pa. Code 801 app A