In a historic ruling, a Commonwealth Court judge has decided that Pennsylvania voters will have an opportunity to weigh in on a controversial ballot question Nov. 5, but the votes won’t be calculated unless and until the question is determined to be constitutional.

Pa.R.A.P. 1532—Pennsylvania’s version of what is known nationally as “Marsy’s Law” or the Victims’ Rights Amendment—would amend Article I, Section 9 of the state constitution. The measure would create a long list of new rights for victims of crimes and those impacted by crimes, including the rights ”to be treated with fairness and respect for the victim’s safety, dignity and privacy; to have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the accused; to reasonable and timely notice of and to be present at all public proceedings involving the criminal or delinquent conduct; to be notified of any pretrial disposition of the case; with the exception of grand jury proceedings, to be heard in any proceeding where a right of the victim is implicated, including, but not limited to, release, plea, sentencing, disposition, parole and pardon.”

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