Pennsylvania Joint Resolution 1, Crimes Where Bail is Disallowed Amendment (1998)
| Pennsylvania Joint Resolution 1 | |
|---|---|
 | |
| Election date November 3, 1998 | |
| Topic Civil and criminal trials | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
Pennsylvania Joint Resolution 1 was on the ballot as a legislatively referred constitutional amendment in Pennsylvania on November 3, 1998. It was approved.
A "yes" vote supported this constitution to deny bail when the proof is evident or presumption great that the accused person committed an offense that could be penalized with life imprisonment or to assure any person's or community's safety. |
A "no" vote opposed this constitution to deny bail when the proof is evident or presumption great that the accused person committed an offense that could be penalized with life imprisonment or to assure any person's or community's safety. |
Election results
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Pennsylvania Joint Resolution 1 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
1,620,567 | 72.93% | ||
| No | 601,463 | 27.07% | ||
Text of measure
Ballot title
The ballot title for Joint Resolution 1 was as follows:
| “ | Shall the Pennsylvania Constitution be amended to disallow bail when the proof is evident or presumption great that the accused committed an offense for which the maximum penalty is life imprisonment or that no condition or combination of conditions other than imprisonment of the accused will reasonably assure the safety of any person and the community? | ” |
Ballot summary
The ballot summary for this measure was:
| “ |
The purpose of the ballot question is to amend the Pennsylvania Constitution to add two additional categories of criminal cases in which a person accused of a crime must be denied bail. Presently, the Constitution allows any person accused of a crime to be released on bail unless the proof is evident or presumption great that the person committed a capital offense. A capital offense is an offense punishable by death. The Pennsylvania Supreme Court has ruled that a person accused of a crime that is not a capital offense may be denied bail only if no amount or condition of bail will assure the accused's presence at trial. The ballot question would amend the Constitution to disallow bail also in cases in which the accused is charged with an offense punishable by life imprisonment or in which no condition or combination of conditions other than imprisonment of the accused will reasonably assure the safety of any person and the community. The ballot question would extend to these two new categories of cases in which bail must be denied the same limitation that the Constitution currently applies to capital cases. It would require that the proof be evident or presumption great that the accused committed the crime or that imprisonment of the accused is necessary to assure the safety of any person and the community. The proposed amendment would have two effects. First, it would require a court to deny bail when the proof is evident or presumption great that the accused committed a crime punishable by death or life imprisonment. Second, it would require a court deciding whether or not to allow bail in a case in which the accused is charged with a crime not punishable by death or life imprisonment to consider not only the risk that the accused will fail to appear for trial, but also the danger that release of the accused would pose to any person and the community. | ” |
Path to the ballot
In Pennsylvania, the General Assembly must pass a constitutional amendment by a simple majority vote during two successive legislative sessions to refer the measure to the ballot for voter consideration. The legislature can also pass a measure by a two-thirds vote during one legislative session if a “major emergency threatens or is about to threaten the Commonwealth.”
See also
External links
Footnotes
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State of Pennsylvania Harrisburg (capital) |
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