PRIOR PASSAGE - NONE
PRINTER'S NO. 1764
No. 1360 Session of 1998
INTRODUCED BY GREENLEAF, O'PAKE, GERLACH, LEMMOND, ARMSTRONG,
HOLL, KASUNIC, ROBBINS, SCHWARTZ, STOUT, TOMLINSON AND
THOMPSON, MARCH 11, 1998
REFERRED TO JUDICIARY, MARCH 11, 1998
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, further providing for rights of accused in
3 criminal prosecutions.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby resolves as follows:
6 Section 1. The following amendment to the Constitution of
7 Pennsylvania is proposed in accordance with Article XI:
8 That section 9 of Article I be amended to read:
9 § 9. Rights of accused in criminal prosecutions.
10 In all criminal prosecutions the accused hath a right to be
11 heard by himself and his counsel, to demand the nature and cause
12 of the accusation against him, to [meet the witnesses face to
13 face] be confronted with the witnesses against him, to have
14 compulsory process for obtaining witnesses in his favor, and, in
15 prosecutions by indictment or information, a speedy public trial
16 by an impartial jury of the vicinage; he cannot be compelled to
17 give evidence against himself, nor can he be deprived of his
1 life, liberty or property, unless by the judgment of his peers
2 or the law of the land. The use of a suppressed voluntary
3 admission or voluntary confession to impeach the credibility of
4 a person may be permitted and shall not be construed as
5 compelling a person to give evidence against himself.
6 Notwithstanding the provisions of this section, the General
7 Assembly may by statute provide for the manner of testimony of
8 child victims or child material witnesses in criminal
9 proceedings, including the use of videotaped depositions or
10 testimony by closed-circuit television.
11 Section 2. (a) Upon the first passage by the General
12 Assembly of this proposed constitutional amendment, the
13 Secretary of the Commonwealth shall proceed immediately to
14 comply with the advertising requirements of section 1 of Article
15 XI of the Constitution of Pennsylvania and shall transmit the
16 required advertisements to two newspapers in every county in
17 which such newspapers are published in sufficient time after
18 passage of this proposed constitutional amendment.
19 (b) Upon the second passage by the General Assembly of this
20 proposed constitutional amendment, the Secretary of the
21 Commonwealth shall proceed immediately to comply with the
22 advertising requirements of section 1 of Article XI of the
23 Constitution of Pennsylvania and shall transmit the required
24 advertisements to two newspapers in every county in which such
25 newspapers are published in sufficient time after passage of
26 this proposed constitutional amendment. The Secretary of the
27 Commonwealth shall submit this proposed constitutional amendment
28 to the qualified electors of this Commonwealth at the first
29 primary, general or municipal election occurring at least three
30 months after the proposed constitutional amendment is passed by
19980S1360B1764 - 2 -
1 the General Assembly which meets the requirements of and is in
2 conformance with section 1 of Article XI of the Constitution of
3 Pennsylvania.
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