Pennsylvania Question 2, Testimony from Children in Criminal Proceedings Amendment (2003)
| Pennsylvania Question 2 | |
|---|---|
 | |
| Election date November 4, 2003 | |
| Topic Civil and criminal trials and Constitutional rights | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
Pennsylvania Question 2 was on the ballot as a legislatively referred constitutional amendment in Pennsylvania on November 4, 2003. It was approved.
A "yes" vote supported authorizing the state legislature to provide laws concerning the testimony of children in criminal proceedings, including using videotaped depositions and closed-circuit television testimony. |
A "no" vote opposed authorizing the state legislature to provide laws concerning the testimony of children in criminal proceedings, including using videotaped depositions and closed-circuit television testimony. |
Election results
|
Pennsylvania Question 2 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
1,494,261 | 80.57% | ||
| No | 360,283 | 19.43% | ||
Text of measure
Ballot title
The ballot title for Question 2 was as follows:
| “ | 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? | ” |
Attorney General ballot explanation
The Pennsylvania Attorney General provided an explanation of Amendment 1 which said:
| “ | 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.[1][2] |
” |
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
- Pennsylvania Joint State Government Commission - Ballot Questions & Proposed Amendments (1958 to 1997)
- Inter-university Consortium for Political and Social Research (ICPSR) Pennsylvania 1967 Referenda and Primary Election Materials (ICPSR 6)
Footnotes
- ↑ lehighcounty.org, "Ballot Question 2," accessed September 24, 2015
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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