PRIOR PASSAGE - NONE
PRINTER'S NO. 1451
No. 1185 Session of 1997
INTRODUCED BY GREENLEAF, BRIGHTBILL, GERLACH, AFFLERBACH, COSTA,
DELP, HOLL, KASUNIC, RHOADES, SALVATORE, TOMLINSON AND
WOZNIAK, OCTOBER 28, 1997
REFERRED TO JUDICIARY, OCTOBER 28, 1997
A JOINT RESOLUTION
1 Proposing an amendment to the Constitution of the Commonwealth
2 of Pennsylvania, providing for the rights of crime victims.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby resolves as follows:
5 Section 1. The following amendment to the Constitution of
6 Pennsylvania is proposed in accordance with Article XI:
7 That Article I be amended by adding a section to read:
8 § 29. Crime victims.
9 (a) Each victim of a crime of violence, and other crimes
10 that the General Assembly may specify by law, shall have the
11 right to notice of, and not to be excluded from all public
12 proceedings relating to the crime. The crime victim shall have
13 the right:
14 (1) To be heard, if present, and to submit a statement at a
15 public pretrial or trial proceeding to determine a release from
16 custody, an acceptance of a negotiated plea, or a sentencing.
17 (2) To the rights described in the preceding provisions of
1 this section at a parole proceeding to the extent that the same
2 rights are afforded to the convicted offender.
3 (3) To notice of a release or an escape from custody.
4 (4) To a final disposition of the proceedings relating to
5 the crime free from unreasonable delay.
6 (5) To an order of restitution from the convicted offender.
7 (6) To have the safety of the crime victim considered in
8 determining any release from custody.
9 (7) To notice of the rights of the crime victim established
10 by this section; however, the rights to notice under this
11 section are not violated if the proper authorities make a
12 reasonable effort but are unable to provide the notice, or if
13 the failure of the victim to make a reasonable effort to make
14 those authorities aware of the victim's whereabouts prevents
15 that notice.
16 (b) The crime victim shall have standing to assert the
17 rights established by this section. However, nothing in this
18 section shall provide grounds for the victim to challenge a
19 charging decision or a conviction, to obtain a stay of a trial
20 or to compel a new trial. Nothing in this section shall give
21 rise to a claim for damages against the Commonwealth, a
22 political subdivision, or public official or employee, nor
23 provide grounds for the accused or convicted offender to obtain
24 any form of relief.
25 (c) The enumeration of rights of the crime victim
26 established by this section shall not be construed to deny or
27 disparage other rights granted by the General Assembly or
28 otherwise retained by the victim.
29 (d) The General Assembly shall have the power to enact
30 legislation to define, implement, preserve and protect the
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1 rights guaranteed crime victims by this section, including the
2 power to enact exceptions when required for compelling reasons
3 of public safety or for judicial efficiency in mass victim
4 cases.
5 Section 2. (a) Upon the first passage by the General
6 Assembly of this proposed constitutional amendment, the
7 Secretary of the Commonwealth shall proceed immediately to
8 comply with the advertising requirements of section 1 of Article
9 XI of the Constitution of Pennsylvania and shall transmit the
10 required advertisements to two newspapers in every county in
11 which such newspapers are published in sufficient time after
12 passage of this proposed constitutional amendment.
13 (b) Upon the second passage by the General Assembly of this
14 proposed constitutional amendment, the Secretary of the
15 Commonwealth shall proceed immediately to comply with the
16 advertising requirements of section 1 of Article XI of the
17 Constitution of Pennsylvania and shall transmit the required
18 advertisements to two newspapers in every county in which such
19 newspapers are published in sufficient time after passage of
20 this proposed constitutional amendment. The Secretary of the
21 Commonwealth shall submit this proposed constitutional amendment
22 to the qualified electors of this Commonwealth at the first
23 primary, general or municipal election occurring at least three
24 months after the proposed constitutional amendment is passed by
25 the General Assembly which meets the requirements of and is in
26 conformance with section 1 of Article XI of the Constitution of
27 Pennsylvania.
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