74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
 LC 3508
 
                           B-Engrossed
 
                    House Joint Resolution 49
                  Ordered by the Senate June 4
  Including House Amendments dated May 3 and Senate Amendments
                              dated
                             June 4
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Attorney
  General Hardy Myers for Department of Justice, Steve Doell for
  Crime Victims United)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Proposes amendment to Oregon Constitution granting crime
victims remedy for violation of constitutional rights.
  Refers proposed amendment to people for their approval or
rejection at   { - next regular general election - }  { +
special election held on same date as next primary election + }.
 
                        JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  PARAGRAPH 1. Section 42, Article I of the Constitution of the
State of Oregon, is amended to read:
   { +  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 United
States. Except as otherwise specifically provided, this section
supersedes any conflicting section of this Constitution. Nothing
in this section is intended to create any cause of action for
compensation or damages nor may this section be used to
invalidate an accusatory instrument,   { - ruling of a court, - }
conviction or adjudication or otherwise   { - suspend or - }
terminate any criminal or juvenile delinquency proceedings at any
point after the case is commenced or on appeal. { +  Except as
otherwise provided in subsections (3) and (4) of this section,
nothing in this section may be used to invalidate a ruling of a
court or to suspend any criminal or juvenile delinquency
proceedings at any point after the case is commenced.
  (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 United
States.
  (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 Oregon, represented by the
prosecuting attorney, are considered to be the victims. In no
 
event is it intended that the criminal defendant be considered
the victim. - }
  (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 Oregon, represented by the
prosecuting attorney, are considered to be the victims. In no
event is it intended that the criminal defendant be considered
the victim. + }
 
  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. + }
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