BCEL: Proposed Amendments 2003-1 english BCEL BCEL: Proposed Amendments 2003-1 english

Proposed Amendments to the Constitution of Pennsylvania

 

            The following IS A true AND CORRECT copy of a joint RESOLUTION OF THE General Assembly OF PENNSYLVANIA PROPOSING TWO amendments to the constitution of Pennsylvania.  CONSISTENT WITH THE PROCEDURES PRESCRIBED BY ARTICLE XI, SECTION 1 OF THE CONSTITUTION, THE GENERAL ASSEMBLY FIRST PROPOSED THE AMENDMENTS during ITS 2002 session and approved THEM for A second time during the 2003 session OF THE LEGISLATURE.  AS REQUIRED BY Article XI, Section 1 of the Constitution AND STATUTORY LAW, the Secretary of the Commonwealth has caused the proposed amendments to be published here.

 

            Pursuant to law, the Secretary will cause the proposed amendments to be presented to the electors of Pennsylvania in the form of TWO ballot questions at the Municipal Election to be held on November 4, 2003.  If a ballot question is approved by a majority of the electors voting on it, the corresponding amendment becomes part of the Constitution.

 

            THOSE PARTS OF THE JOINT RESOLUTION THAT APPEAR IN BOLD PRINT ARE THE WORDS OF THE CONSTITUTION THAT ARE PROPOSED BY THE GENERAL ASSEMBLY FOR ADDITION OR DELETION.  The underlined words in the proposed amendments would be added to the Constitution, and the bracketed words would be deleted.  THE UNBOLDED WORDS WOULD REMAIN UNCHANGED IN THE CONSTITUTION.

 

            Following the proposed amendments is the text of the questions that will be placed on the ballot.  Below each question is a "Plain English Statement" of the Attorney General, PREPARED AND PUBLISHED AS REQUIRED BY LAW, indicating the purpose, limitations and effects of the ballot question UPON the people of THIS Commonwealth.

 

            Anyone who needs help reading this advertisement or who DESIRES TO HAVE the text of the advertisement in an alternative format may call or write the Pennsylvania Department of State, Bureau of Commissions, Elections and Legislation, AT Room 210 North Office Building, Harrisburg, PA 17120, (717) 787-5280.

 

Pedro A. Cortés

Secretary of the Commonwealth

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Joint Resolution 2003-1

 

Proposing separate amendments to the Constitution of the Commonwealth of Pennsylvania, further providing for rights of accused in criminal prosecutions and for judicial administration.

 

            The General Assembly of the Commonwealth of Pennsylvania hereby resolves as follows:

            Section 1.  The following separate amendments to the Constitution of Pennsylvania are proposed in accordance with Article XI:

 

            (1) That section 9 of Article I be amended to read:

§ 9.  Rights of accused in criminal prosecutions.

 

            In all criminal prosecutions the accused hath a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him, to [meet the witnesses face to face] be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and, in prosecutions by indictment or information, a speedy public trial by an impartial jury of the vicinage; he cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty or property, unless by the judgment of his peers or the law of the land.  The use of a suppressed voluntary admission or voluntary confession to impeach the credibility of a person may be permitted and shall not be construed as compelling a person to give evidence against himself.

 

            (2) That section 10(c) of Article V be amended to read:

§ 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 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.

 

* * *

            Section 2.  (a) Upon the first passage by the General Assembly of these proposed constitutional amendments, 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 these proposed constitutional amendments.

 

            (b) Upon the second passage by the General Assembly of these proposed constitutional amendments, 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 these proposed constitutional amendments.  The Secretary of the Commonwealth shall submit the proposed constitutional amendments under section 1 to the qualified electors of this Commonwealth as separate ballot questions at the first primary, general or municipal election occurring at least three months after the proposed constitutional amendments are passed by the General Assembly.

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PROPOSED CONSTITUTIONAL AMENDMENT NUMBER 1

 

AMENDING THE RIGHT OF PERSONS ACCUSED OF A CRIME TO MEET THE WITNESSES AGAINST THEM FACE TO FACE

 

Ballot Question

 

            Shall the Pennsylvania Constitution be amended to provide that a person accused of a crime has the right to be "confronted with the witnesses against him," instead of the right to "meet the witnesses face to face"?

 

Plain English Statement of the Attorney General of Pennsylvania

 

            This ballot question proposes to amend the provision of the Pennsylvania Constitution that gives persons accused of a crime the right to "meet the witnesses face to face."  The United States Constitution gives an accused person the right to "be confronted with the witnesses against him."  This ballot question would make the language of the Pennsylvania Constitution the same as the language of the United States Constitution.

 

            The Pennsylvania Supreme Court has ruled that laws permitting children to testify in criminal proceedings outside the physical presence of the accused, by means such as videotaped deposition and closed-circuit television, violate the Pennsylvania Constitution because they deny accused persons the right to confront the witnesses against them "face to face."  In contrast, the United States Supreme Court has upheld such laws under the United States Constitution, which guarantees accused persons the right to confront the witnesses against them, but not necessarily the right to confront witnesses "face to face."

 

            The purpose of this ballot question is to remove from the Pennsylvania Constitution the right of accused persons to confront the witnesses against them "face to face," so that the Pennsylvania General Assembly may enact laws or the Pennsylvania Supreme Court may adopt rules that permit children to testify in criminal proceedings outside the physical presence of the accused.

 

            The Pennsylvania Constitution would continue to guarantee accused persons the right to confront the witnesses against them.  This ballot question is limited in that it would remove from the Pennsylvania Constitution only the right to confront witnesses "face to face."

 

            The effect of this ballot question would be to remove from the Pennsylvania Constitution the right of accused persons to confront the witnesses against them "face to face" and to make the language of the Pennsylvania Constitution guaranteeing accused persons the right to confront the witnesses against them the same as the language of the United States Constitution.

 

PROPOSED CONSTITUTIONAL AMENDMENT NUMBER 2

 

AUTHORIZING THE GENERAL ASSEMBLY TO ENACT LAWS REGARDING THE WAY THAT CHILDREN MAY TESTIFY IN CRIMINAL PROCEEDINGS

 

Ballot Question

 

            Shall the Pennsylvania Constitution be amended to provide that the General Assembly may enact laws regarding the manner by which children may testify in criminal proceedings, including the use of videotaped depositions or testimony by closed-circuit television?

 

Plain English Statement of the Attorney General of Pennsylvania

 

            This ballot question proposes to amend the Pennsylvania Constitution to give the Pennsylvania General Assembly authority to enact laws regarding the way that children may testify in criminal proceedings, including the use of videotaped depositions or testimony by closed-circuit television. 

 

            The Pennsylvania Constitution gives the Pennsylvania Supreme Court, and only the Pennsylvania Supreme Court, authority to make rules governing practice and procedure in the Pennsylvania courts.  The Pennsylvania Supreme Court has ruled that the General Assembly cannot enact laws regarding the way that children may testify in criminal proceedings in the Pennsylvania courts.

 

            The purpose of this ballot question is to give the General Assembly authority to make laws regarding the way that children may testify in criminal proceedings, including the use of  videotaped depositions or closed-circuit television.  The purpose of permitting children to testify by such means is to allow them to testify outside the physical presence of the accused. 

 

            This ballot question is limited in that it would not change the authority of the General Assembly to make laws regarding practice and procedure in the Pennsylvania courts other than to give the General Assembly authority to make laws regarding the way that children may testify in criminal proceedings.

           

            The effect of this ballot question would be to enable the General Assembly to make laws regarding the way that children may testify in criminal proceedings.

 

CUALQUIER PERSONA QUE NECESITE AYUDA PARA LEER ESTA NOTIFICACIÓN O QUE DESEE TENER EL TEXTO DE LA NOTIFICACIÓN EN UN FORMATO ALTERNATIVO, PUEDE LLAMAR O ESCRIBIR AL DEPARTAMENTO DE ESTADO DE PENNSYLVANIA, OFICINA DE COMISIONES, ELECCIONES Y LEGISLACIÓN, ROOM 210 NORTH OFFICE BUILDING, HARRISBURG, PA 17120, (717) 787-5280.