PRIOR PASSAGE - NONE
PRINTER'S NO. 3640
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2580
Session of
2024
INTRODUCED BY CONKLIN, MADDEN, SANCHEZ, PROBST, SHUSTERMAN,
KINKEAD, GILLEN AND HILL-EVANS, SEPTEMBER 24, 2024
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 24, 2024
A JOINT RESOLUTION
1 Proposing separate and distinct amendments to the Constitution
2 of the Commonwealth of Pennsylvania, further providing for
3 ineligibility by criminal convictions, for qualifications of
4 Governor, Lieutenant Governor and Attorney General and for
5 qualifications of justices, judges and justices of the peace;
6 providing for ineligibility of civil officers; and imposing a
7 duty on the General Assembly.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby resolves as follows:
10 Section 1. The following separate and distinct amendments to
11 the Constitution of Pennsylvania are proposed in accordance with
12 Article XI:
13 (1) That section 7 of Article II be amended to read:
14 § 7. Ineligibility by criminal convictions.
15 No person [hereafter convicted of] sentenced for embezzlement
16 of public moneys, bribery, perjury or other infamous crime, or
17 for physically or sexually abusing a family or household member,
18 shall be eligible to the General Assembly, or capable of holding
19 any office of trust or profit in this Commonwealth.
20 For the purposes of this section, a "family or household
 1 member" shall mean a spouse or a person who has been a spouse, a
2 person living as a spouse or who lived as a spouse, a parent and
3 a child, other persons related by consanguinity or affinity, a
4 current or former sexual or intimate partner or a person who
5 shares biological parenthood.
6 (2) That section 5 of Article IV be amended to read:
7 § 5. Qualifications of Governor, Lieutenant Governor and
8 Attorney General.
9 No person shall be eligible to the office of Governor,
10 Lieutenant Governor or Attorney General except a citizen of the
11 United States, who shall have attained the age of 30 years, and
12 have been seven years next preceding his election an inhabitant
13 of this Commonwealth, unless he shall have been absent on the
14 public business of the United States or of this Commonwealth. No
15 person shall be eligible to the office of Attorney General
16 except a member of the bar of the Supreme Court of Pennsylvania.
17 No person sentenced for physically or sexually abusing a family
18 or household member shall be eligible to the office of Governor,
19 Lieutenant Governor or Attorney General.
20 For the purposes of this section, a "family or household
21 member" shall mean a spouse or an individual who has been a
22 spouse, an individual living as a spouse or who lived as a
23 spouse, a parent and a child, other individuals related by
24 consanguinity or affinity, a current or former sexual or
25 intimate partner or an individual who shares biological
26 parenthood.
27 (3) That section 12 of Article V be amended to read:
28 § 12. Qualifications of justices, judges and justices of the
29 peace.
30 (a) Justices, judges and justices of the peace shall be
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 1 citizens of the Commonwealth. Justices and judges, except the
2 judges of the traffic court in the City of Philadelphia, shall
3 be members of the bar of the Supreme Court. Justices and judges
4 of statewide courts, for a period of one year preceding their
5 election or appointment and during their continuance in office,
6 shall reside within the Commonwealth. Other judges and justices
7 of the peace, for a period of one year preceding their election
8 or appointment and during their continuance in office, shall
9 reside within their respective districts, except as provided in
10 this article for temporary assignments.
11 (b) Justices of the peace shall be members of the bar of the
12 Supreme Court or shall complete a course of training and
13 instruction in the duties of their respective offices and pass
14 an examination prior to assuming office. Such courses and
15 examinations shall be as provided by law.
16 (c) No person sentenced for physically or sexually abusing a
17 family or household member shall be eligible to be a justice,
18 judge or justice of the peace. For the purposes of this
19 subsection, a "family or household member" shall mean a spouse
20 or an individual who has been a spouse, an individual living as
21 a spouse or who lived as a spouse, a parent and a child, other
22 individuals related by consanguinity or affinity, a current or
23 former sexual or intimate partner or an individual who shares
24 biological parenthood.
25 (4) That Article VI be amended by adding a section to read:
26 § 2.1. Ineligibility of civil officers.
27 No person sentenced for physically or sexually abusing a
28 family or household member shall be eligible to the office of a
29 civil officer. For the purposes of this section, a "family or
30 household member" shall mean a spouse or an individual who has
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 1 been a spouse, an individual living as a spouse or who lived as
2 a spouse, a parent and a child, other individuals related by
3 consanguinity or affinity, a current or former sexual or
4 intimate partner or an individual who shares biological
5 parenthood.
6 Section 2. The following procedure applies to the proposed
7 constitutional amendments in this joint resolution:
8 (1) Upon first passage by the General Assembly of the
9 amendments, the Secretary of the Commonwealth shall proceed
10 immediately to comply with the advertising requirements of
11 section 1 of Article XI of the Constitution of Pennsylvania.
12 (2) Upon the second passage of the amendments by the
13 General Assembly, the Secretary of the Commonwealth shall
14 proceed immediately to comply with the advertising
15 requirements of section 1 of Article XI of the Constitution
16 of Pennsylvania. The Secretary of the Commonwealth shall:
17 (i) Submit the amendment under section 1(1) of this
18 resolution to the qualified electors of this Commonwealth
19 as a separate ballot question at the first general
20 election which meets the requirements of section 1 of
21 Article XI of the Constitution of Pennsylvania.
22 (ii) Submit the amendment under section 1(2) of this
23 resolution to the qualified electors of this Commonwealth
24 as a separate ballot question at the first general
25 election which meets the requirements of section 1 of
26 Article XI of the Constitution of Pennsylvania.
27 (iii) Submit the amendment under section 1(3) of
28 this resolution to the qualified electors of this
29 Commonwealth as a separate ballot question at the first
30 general election which meets the requirements of section
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 1 1 of Article XI of the Constitution of Pennsylvania.
2 (iv) Submit the amendment under section 1(4) of this
3 resolution to the qualified electors of this Commonwealth
4 as a separate ballot question at the first general
5 election which meets the requirements of section 1 of
6 Article XI of the Constitution of Pennsylvania.
7 Section 3. The following shall apply:
8 (1) The amendment of section 7 of Article II of the
9 Constitution of Pennsylvania shall apply to persons elected
10 or appointed on and after the adoption of the constitutional
11 amendments by the electorate.
12 (2) The amendment of section 5 of Article IV of the
13 Constitution of Pennsylvania shall apply to persons elected
14 on and after the adoption of the constitutional amendment by
15 the electorate.
16 (3) The amendment of section 12 of Article V of the
17 Constitution of Pennsylvania shall apply to persons elected
18 or appointed on and after the adoption of the constitutional
19 amendment by the electorate.
20 (4) The addition of section 2.1 of Article VI of the
21 Constitution of Pennsylvania shall apply to persons elected
22 or appointed on and after the adoption of the constitutional
23 amendments by the electorate.
24 Section 4. Within two years of the approval of any of the
25 constitutional amendments under section 1, the General Assembly
26 shall, by statute, define physical or sexual abuse for purposes
27 of the approved constitutional amendments.
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