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PA Bulletin, Doc. No. 98-242

THE GOVERNOR

PROCLAMATION

Constitutional Amendment--Article IV

[28 Pa.B. 791]

   Whereas, Joint Resolution No. 2 of Special Session No. 1 of 1995 proposed to amend Article IV, Section 9 of the Constitution of Pennsylvania, changing provisions relating to pardons, commutations and the Board of Pardons to read as follows:

   ''§ 9.  Pardoning power; Board of Pardons.

   (a)  In all criminal cases except impeachment the Governor shall have power to remit fines and forfeitures, to grant reprieves, commutation of sentences and pardons; but no pardon shall be granted, nor sentence commuted, except on the recommendation in writing of a majority of the Board of Pardons, and in the case of a sentence of death or life imprisonment, on the unanimous recommendation in writing of the Board of Pardons, after full hearing in open session, upon due public notice. The recommendation, with the reasons therefor at length, shall be delivered to the Governor and a copy thereof shall be kept on file in the office of the Lieutenant Governor in a docket kept for that purpose.

   (b)  The Board of Pardons shall consist of the Lieutenant Governor who shall be chairman, the Attorney General and three members appointed by the Governor with the consent of a majority of the members elected to the Senate for terms of six years. The three members appointed by the Governor shall be residents of Pennsylvania. One shall be a crime victim; one a corrections expert; and the third a doctor of medicine, psychiatrist or psychologist. The board shall keep records of its actions, which shall at all times be open for public inspection;'' and

   Whereas, Joint Resolution No. 2 of Special Session No. 1 of 1995 was agreed to by a majority of the members elected to each House of the General Assembly and published pursuant to Article XI, Section 1 of the Constitution of Pennsylvania; and

   Whereas, in the General Assembly next afterwards chosen, the aforesaid amendment to Article IV, Section 9 of the Constitution of Pennsylvania was proposed in Joint Resolution No. 2 of 1997, which was agreed to by a majority of the members elected to each House of the General Assembly and published pursuant to Article XI, Section 1 of the Constitution of Pennsylvania; and

   Whereas, the aforesaid proposed amendment to Article IV, Section 9 of the Constitution of Pennsylvania was submitted for approval to the qualified electors of the Commonwealth of Pennsylvania pursuant to Article XI, Section 1 of the Constitution of Pennsylvania at an election held on November 4, 1997; and

   Whereas, the Secretary of the Commonwealth, pursuant to law, has certified to me that the aforesaid proposed amendment to Article IV, Section 9 of the Constitution of Pennsylvania was approved by a majority of those voting thereon on the aforesaid day; and

   Whereas, Section 903 of Title 1 of the Pennsylvania Consolidated Statutes requires the Governor, upon receiving the aforesaid certification of the Secretary of the Commonwealth, to issue his proclamation indicating whether or not the proposed amendment to Article IV, Section 9 of the Constitution of Pennsylvania has been adopted by a majority of the electors voting thereon.

   Now Therefore, I, Thomas J. Ridge, Governor of the Commonwealth of Pennsylvania, do hereby proclaim that the aforesaid amendment to Article IV, Section 9 of the Constitution of Pennsylvania was adopted by a majority of the electors voting thereon on November 4, 1997.

   Given under my hand and the Great Seal of the Commonwealth, at the City of Harrisburg, this second day of February in the year of our Lord one thousand nine hundred and ninety-eight, and of the Commonwealth the two hundred and twenty-second.

Ridge Signature
Governor

[Pa.B. Doc. No. 98-242. Filed for public inspection February 13, 1998, 9:00 a.m.]


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