PRIOR PASSAGE - NONE
PRINTER'S NO. 365
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
398
Session of
2023
INTRODUCED BY KAUFFMAN, HAMM, ECKER, STAMBAUGH, R. MACKENZIE,
GROVE, IRVIN, MENTZER, JAMES, MOUL AND GILLEN, MARCH 14, 2023
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 14, 2023
A JOINT RESOLUTION
Proposing an amendment to the Constitution of the Commonwealth
of Pennsylvania, further providing for judicial
administration.
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 section 10(c) of Article V be amended to read:
ยง 10. Judicial administration.
* * *
(c) The Supreme Court shall have the power to prescribe
general rules governing practice, procedure and the conduct of
all courts, justices of the peace and all officers serving
process or enforcing orders, judgments or decrees of any court
or justice of the peace, including the power to provide for
assignment and reassignment of classes of actions or classes of
appeals among the several courts as the needs of justice shall
require, and for admission to the bar and to practice law, and
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the administration of all courts and supervision of all officers
of the Judicial Branch, if such rules are consistent with this
Constitution and neither abridge, enlarge nor modify the
substantive rights of any litigant, nor affect the right of the
General Assembly to determine the jurisdiction of any court or
justice of the peace, nor suspend nor alter any statute of
limitation or repose. All laws shall be suspended to the extent
that they are inconsistent with rules prescribed under these
provisions. Notwithstanding the provisions of this section, the
General Assembly may by statute provide for the manner of
testimony of child victims or child material witnesses in
criminal proceedings, including the use of videotaped
depositions or testimony by closed-circuit television.
Notwithstanding the provisions of this section, the General
Assembly may, by statute, establish venue in civil cases in the
Commonwealth of Pennsylvania.
* * *
Section 2. The following procedure applies to the proposed
constitutional amendment in this joint resolution:
(1) Upon the first passage by the General Assembly of
the 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.
(2) Upon the second passage by the General Assembly of
the 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. The Secretary of the Commonwealth shall
submit the amendment to the qualified electors of this
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Commonwealth at the first primary, general or municipal
election which meets the requirements of section 1 of Article
XI of the Constitution of Pennsylvania.
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