Bill Text: PA HB1129 | 2009-2010 | Regular Session | Introduced

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Bill Title: A Joint Resolution proposing an amendment to the Constitution of the Commonwealth of Pennsylvania, further providing for security from searches and seizures.

Spectrum: Slight Partisan Bill (Republican 10-5)

Status: (Introduced - Dead) 2009-03-26 - Referred to STATE GOVERNMENT [HB1129 Detail]

Download: Pennsylvania-2009-HB1129-Introduced.html

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PRINTER'S NO. 1332
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1129 Session of2009
INTRODUCED BY D. O'BRIEN, BRENNAN, CREIGHTON, EVERETT, GEIST, HARHAI, HARKINS, KORTZ, MICOZZIE, O'NEILL, REICHLEY, SIPTROTH, SWANGER, J. TAYLOR AND VULAKOVICH, MARCH 26, 2009
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 26, 2009
A JOINT RESOLUTION
Proposing an amendment to the Constitution of the Commonwealth
of Pennsylvania, further providing for security from searches
and seizures.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following amendment to the Constitution of
Pennsylvania is proposed in accordance with Article XI:
That section 8 of Article I be amended to read:
§ 8. Security from searches and seizures.
The people shall be secure in their persons, houses, papers
and possessions from unreasonable searches and seizures, and no
warrant to search any place or to seize any person or things
shall issue without describing them as nearly as may be, nor
without probable cause, supported by oath or affirmation
subscribed to by the affiant. The rights and procedural
restrictions mandated by this section shall be identical to
those mandated by the fourth amendment to the Constitution of
the United States, as interpreted by the United States Supreme
Court. The rights and procedural restrictions respecting
searches and seizures shall not be judicially expanded by
decisional law or court rule to exceed the rights and procedural
restrictions mandated by this section.
Section 2. (a) Upon the first passage by the General
Assembly of this proposed constitutional amendment, the
Secretary of the Commonwealth shall proceed immediately to
comply with the advertising requirements of section 1 of Article
XI of the Constitution of Pennsylvania and shall transmit the
required advertisements to two newspapers in every county in
which such newspapers are published in sufficient time after
passage of this proposed constitutional amendment.
(b) Upon the second passage by the General Assembly of this
proposed constitutional amendment, the Secretary of the
Commonwealth shall proceed immediately to comply with the
advertising requirements of section 1 of Article XI of the
Constitution of Pennsylvania and shall transmit the required
advertisements to two newspapers in every county in which such
newspapers are published in sufficient time after passage of
this proposed constitutional amendment. The Secretary of the
Commonwealth shall submit this proposed constitutional amendment
to the qualified electors of this Commonwealth at the first
primary, general or municipal election which meets the
requirements of and is in conformance with section 1 of Article
XI of the Constitution of Pennsylvania and which occurs at least
three months after the proposed constitutional amendment is
passed by the General Assembly.
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