THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY D. O'BRIEN, FABRIZIO, GEIST, HARHAI, KAUFFMAN, KORTZ AND VULAKOVICH, MARCH 1, 2011

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 1, 2011  

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.