House Joint Resolution 50
PARAGRAPH 1.
Section 43, Article I of the Constitution of the State of
Sec. 43. (1) 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
proceedings, the following rights are hereby granted to victims in all
prosecutions for crimes:
(a) The right to be
reasonably protected from the criminal defendant or the convicted criminal
throughout the criminal justice process and from the alleged youth offender or
youth offender throughout the juvenile delinquency proceedings.
(b) The right to have
decisions by the court regarding the pretrial release of a criminal defendant
based upon the principle of reasonable protection of the victim and the public,
as well as the likelihood that the criminal defendant will appear for trial.
Murder, aggravated murder and treason shall not be bailable when the proof is
evident or the presumption strong that the person is guilty. Other violent
felonies shall not be bailable when a court has determined there is probable
cause to believe the criminal defendant committed the crime, and the court
finds, by clear and convincing evidence, that there is danger of physical
injury or sexual victimization to the victim or members of the public by the
criminal defendant while on release.
(2) This section applies
to proceedings pending or commenced on or after the effective date of this
section. Nothing in this section abridges any right of the criminal defendant
guaranteed by the Constitution of the
(3) As used in this
section:
(a) “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 no person has been
determined to be a victim of the crime, the people of
(b) “Violent felony”
means a felony in which there was actual or threatened serious physical injury
to a victim or a felony sexual offense.
(4)(a) The
prosecuting attorney is the party authorized to assert the rights of the [victim and the] public established by
this section.
(b) Upon the victim’s
request, the prosecuting attorney, in the attorney’s discretion, may assert and
enforce a right established in this section.
(5)(a) Every victim
described in paragraph (a) of subsection (3) 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
or alleged youth offender guaranteed by this Constitution or the Constitution
of the
(6) 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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