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PA Bulletin, Doc. No. 04-286

THE GOVERNOR

GOVERNOR'S OFFICE

[34 Pa.B. 945]

Proclamation

Constitutional Amendment--Article I, Section 9

   Whereas, Joint Resolution No. 1 of 2002 and Joint Resolution No. 1 of 2003 proposed to amend Article I, Section 9, of the Constitution of Pennsylvania 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 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.

   Whereas, Joint Resolution No. 1 of 2002 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 I, Section 9, of the Constitution of Pennsylvania was proposed in Joint Resolution No. 1 of 2003, 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 I, 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, 2003; and

   Whereas, the Secretary of the Commonwealth, pursuant to law, has certified to me that the aforesaid proposed amendment to Article I, 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 I, Section 9, of the Constitution of Pennsylvania has been adopted by a majority of the electors voting thereon.

   Now Therefore, I, Edward G. Rendell, Governor of the Commonwealth of Pennsylvania, do hereby proclaim that the aforesaid amendment to Article I, Section 9 of the Constitution of Pennsylvania was adopted by a majority of the electors voting thereon on November 4, 2003.

   Given under my hand and the Great Seal of the Commonwealth, at the City of Harrisburg, this twenty-ninth day of January in the year of our Lord two thousand four and of the Commonwealth the two hundred and twenty-eighth.


Governor

[Pa.B. Doc. No. 04-286. Filed for public inspection February 20, 2004, 9:00 a.m.]


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