House Joint Resolution 49
PARAGRAPH 1.
Section 42, Article I of the Constitution of the State of
Sec. 42. (1) To
preserve and protect the right of crime victims to justice, to ensure crime
victims a meaningful role in the criminal and juvenile justice systems, to
accord crime victims due dignity and respect and to ensure that criminal and
juvenile court delinquency proceedings are conducted to seek the truth as to
the defendant’s innocence or guilt, and also to ensure that a fair balance is
struck between the rights of crime victims and the rights of criminal
defendants in the course and conduct of criminal and juvenile court delinquency
proceedings, the following rights are hereby granted to victims in all prosecutions
for crimes and in juvenile court delinquency proceedings:
(a) The right to be
present at and, upon specific request, to be informed in advance of any
critical stage of the proceedings held in open court when the defendant will be
present, and to be heard at the pretrial release hearing and the sentencing or
juvenile court delinquency disposition;
(b) The right, upon
request, to obtain information about the conviction, sentence, imprisonment,
criminal history and future release from physical custody of the criminal
defendant or convicted criminal and equivalent information regarding the
alleged youth offender or youth offender;
(c) The right to refuse
an interview, deposition or other discovery request by the criminal defendant
or other person acting on behalf of the criminal defendant provided, however,
that nothing in this paragraph shall restrict any other constitutional right of
the defendant to discovery against the state;
(d) The right to receive
prompt restitution from the convicted criminal who caused the victim’s loss or
injury;
(e) The right to have a
copy of a transcript of any court proceeding in open court, if one is otherwise
prepared;
(f) The right to be
consulted, upon request, regarding plea negotiations involving any violent felony;
and
(g) The right to be
informed of these rights as soon as practicable.
(2) This section applies
to all criminal and juvenile court delinquency proceedings pending or commenced
on or after the effective date of this section. Nothing in this section reduces
a criminal defendant’s rights under the Constitution of the
(3)(a) Every victim
described in paragraph (c) of subsection (6) of this section shall have remedy
by due course of law for violation of a right established in this section.
(b) A victim may assert
a claim for a right established in this section in a pending case, by a
mandamus proceeding if no case is pending or as otherwise provided by law.
(c) The Legislative
Assembly may provide by law for further effectuation of the provisions of this
subsection, including authorization for expedited and interlocutory
consideration of claims for relief and the establishment of reasonable
limitations on the time allowed for bringing such claims.
(d) No claim for a right
established in this section shall suspend a criminal or juvenile delinquency
proceeding if such a suspension would violate a right of a criminal defendant
guaranteed by this Constitution or the Constitution of the
(4) Upon the victim’s
request, the prosecuting attorney, in the attorney’s discretion, may assert and
enforce a right established in this section.
(5) Upon the filing by
the prosecuting attorney of an affidavit setting forth cause, a court shall
suspend the rights established in this section in any case involving organized
crime or victims who are minors.
[(3)] (6) As used in this section:
(a) “Convicted criminal”
includes a youth offender in juvenile court delinquency proceedings.
(b) “Criminal defendant”
includes an alleged youth offender in juvenile court delinquency proceedings.
(c) “Victim” means any
person determined by the prosecuting attorney or the court to have
suffered direct financial, psychological or physical harm as a result of a
crime and, in the case of a victim who is a minor, the legal guardian of the
minor. [In the event that no person has
been determined to be a victim of the crime, the people of
(d) “Violent felony”
means a felony in which there was actual or threatened serious physical injury
to a victim or a felony sexual offense.
(7) In the event that
no person has been determined to be a victim of the crime, the people of
PARAGRAPH 2.
The amendment proposed by this resolution shall be submitted to the people
for their approval or rejection at a special election held throughout this
state on the same date as the next primary election.
Filed in the office of Secretary of State June 20, 2007
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