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Victims' rights amendment votes to be frozen

Judge: Challenge needs to be heard before tally

HARRISBURG — A judge ruled Wednesday that votes in a referendum next week about enshrining victims' rights in Pennsylvania's constitution will not be tallied or certified while a legal challenge is pending.

Commonwealth Court Judge Ellen Ceisler issued a preliminary injunction that was requested by a voter and the state League of Women Voters who sued over the proposal.

The amendment would put into the state constitution a set of rights for victims, including to be notified about, attend and weigh in during plea hearings, sentencings and parole proceedings.

It also guarantees “a prompt and final conclusion” of the case and post-conviction proceedings and the right to full restitution.

Ceisler said she granted the injunction because the amendment would have immediate, profound and in some cases irreversible consequences for the rights of accused people and the criminal justice system. The injunction will remain in place until any appeals are over, she ruled.

“If approved by a majority of the electorate, every stage of the criminal proceedings, including bail hearings, pretrial proceedings, trials, guilty pleas, sentencing proceedings, and parole and pardon reviews, will be put into doubt,” Ceisler wrote.

The amendment is part of a national Marsy's Law campaign for victims' rights, named for a 1983 California murder victim.

Jennifer Riley, who runs the Marsy's Law for Pennsylvania effort, described the decision as dismaying but said her organization was confident the election results will ultimately be certified.

The proposed amendment, which remains on Tuesday's ballot, passed the Legislature overwhelmingly.

Thousands of absentee, overseas and military ballots have already been received.

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