Bill Text: HI SB2975 | 2018 | Regular Session | Introduced
Bill Title: Proposing An Amendment To Article I Of The Constitution Of The State Of Hawaii Relating To The Rights Of Victims Of Crime.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-26 - Referred to JDC, WAM. [SB2975 Detail]
Download: Hawaii-2018-SB2975-Introduced.html
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THE SENATE |
S.B. NO. |
2975 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF THE STATE OF HAWAII RELATING TO THE RIGHTS OF VICTIMS OF CRIME.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that victims of crime should be treated with dignity, respect, and courtesy and their rights should be protected throughout the criminal justice process. The legislature further finds that while those accused of crimes have various rights specified in article I, section 14 of the Constitution of the State of Hawaii, victims of crime have no express constitutional protections.
The purpose of this Act is to propose an amendment to article I of the Constitution of the State of Hawaii to provide recognized and protected constitutional rights for victims of crime from the time of their victimization and continuing throughout the criminal justice process, to be known as "Marsy’s Law".
SECTION 2. Article I of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:
"RIGHTS OF VICTIMS OF CRIME
Section
. A victim
of crime shall enjoy the following rights beginning at the time of the victim's
victimization and continuing throughout the criminal justice process:
1. To be reasonably protected from the accused;
2. To reasonable, accurate and timely notice of
all proceedings related to the criminal conduct;
3. To not be excluded from any proceeding
related to the criminal conduct, unless the court, after receiving clear and
convincing evidence, determines that testimony by the victim would be
materially altered if the victim heard other testimony at that proceeding;
4. To be reasonably heard at all proceedings
related to the criminal conduct;
5. To the reasonable right to confer with the
attorney for the State in the case;
6. To full and timely restitution as provided in
law;
7. To proceedings free from unreasonable delay;
8. To be treated with fairness and with respect
for the victim's dignity and privacy;
9. To be informed in a timely manner of any plea
bargain, deferred prosecution agreement or final disposition; and
10. To be informed of these rights and other
services available for crime victims.
In any proceeding
related to the criminal conduct, the court shall ensure that the crime victim
is afforded these rights.
The crime victim, or the crime
victim's lawful representative, and the attorney for the State may assert these
rights.
A
person accused of the crime may not obtain any form of relief established by
this section.
No
right in this section shall be construed to supersede the constitutional rights
of the accused.
The legislature may enact laws to
further define, implement and preserve the rights established by this section.
Nothing in this section shall be
construed to create a cause of action against the State or counties, or any of
their agencies, officials or employees.
As used herein, "a victim of crime", "crime victim", or "victim" means any person who suffers direct, proximate or threatened physical, psychological or financial harm as a result of the commission or attempted commission of a crime, and shall include the lawful representative of a victim who is a minor, incompetent, physically or mentally incapacitated or deceased. The term does not include the accused or a person whom the court finds would not act in the best interests of a minor, incompetent, incapacitated or deceased victim."
SECTION 3. The question to be printed on the ballot shall be as follows:
"Shall victims of crime be provided rights in the Constitution of the State of Hawaii, including fair and respectful treatment throughout the criminal justice process; notification of critical proceedings, possible plea agreements and case dispositions; proceedings free from unreasonable delay; the opportunity to be present at all proceedings related to the criminal conduct; the opportunity to speak at the sentencing hearing; and financial restitution?"
SECTION 4. New constitutional material is underscored.
SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.
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INTRODUCED BY: |
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Report Title:
Constitutional Amendment; Rights of Victims of Crime
Description:
Proposes an amendment to the Hawaii State Constitution to provide victims of crime with specific rights related to the criminal justice process.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
