74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Joint Resolution 50
Sponsored by COMMITTEE ON JUDICIARY (at the request of Attorney
General Hardy Myers for Department of Justice, Steve Doell for
Crime Victims United)
Be It Resolved by the Legislative Assembly of the State of
Oregon:
PARAGRAPH 1. Section 43, Article I of the Constitution of the
State of Oregon, is amended to read:
{ + 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 United States, including the rights to
be represented by counsel, have counsel appointed if indigent,
testify, present witnesses, cross-examine witnesses or present
information at the release hearing. Nothing in this section
creates 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 proceeding at any point after the case is commenced
or on appeal. { + Except as otherwise provided in paragraph
(b) of subsection (4) of this section and in subsection (5) 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. + } Except as otherwise specifically provided, this
section supersedes any conflicting section of this Constitution.
(3) As used in this section:
Enrolled House Joint Resolution 50 (HJR 50-B) Page 1
(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 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. - }
(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 United States.
(6) 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. + }
----------
Enrolled House Joint Resolution 50 (HJR 50-B) Page 2
Adopted by House May 8, 2007
Readopted by House June 11, 2007
----------------------------------
Chief Clerk of House
----------------------------------
Speaker of House
Adopted by Senate June 6, 2007
----------------------------------
President of Senate
Enrolled House Joint Resolution 50 (HJR 50-B) Page 3