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Proposed Constitutional Changes to Protect Children
August 12, 2003
In November, Pennsylvanians will be asked to vote on two changes to the Constitution
of Pennsylvania that impact children who have been victimized. The first question
addresses the right of defendants to confront their accusers “face to
face,” which is protected by the Constitution of Pennsylvania. In supporting
the first ballot question, voters would “remove from the Pennsylvania
Constitution the right of accused persons to confront the witnesses against
them ‘face to face,’ so that the 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.”
Support of the second question would “…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.”
The ballot questions are necessitated by the recent passage of SB 55, proposing
two separate amendments to the Pennsylvania Constitution within two consecutive
legislative sessions (the previous bill – from the 2001-02 legislative
session – was SB 211).
It will be important between now and November to educate the general public
about the existence of the questions and their importance to Pennsylvania’s
children. PCPA and its member agencies can assist in this process by assuring
that staff members and families in service are aware of the ballot questions
and what supporting them will mean to the ability to impact child protection
and safety. More information is available on this issue, including the texts
of the ballot questions as published in newspapers August 1, by contacting Kris Ericson at the Association.
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