Proposes amendment to Oregon Constitution granting crime victims mechanism for enforcing constitutional right regarding pretrial release of defendant.


 
 
 
     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 3508-1
 
                    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)
 
 
                             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 as
introduced.
 
  Proposes amendment to Oregon Constitution granting crime
victims mechanism for enforcing constitutional right regarding
pretrial release of defendant.
  Refers proposed amendment to people for their approval or
rejection at next regular general election.
 
                        JOINT RESOLUTION
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 subsections
(4) and (5) of this section, nothing in this section may be used
to invalidate a ruling of the 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:
  (a) 'Victim' means any person determined by the prosecuting
attorney 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) The prosecuting attorney is the party authorized to assert
the rights of the victim and the public established by this
section.  { + 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 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 by motion in a pending case, or by a mandamus proceeding
if no case is pending.
  (c) To effectuate a right established in this section, the
courts shall give expedited consideration, including allowing an
interlocutory appeal, to claims for rights established in this
section.
  (d) The remedy for violation of a right established in this
section is limited to an injunction, order or writ effectuating
the right.
  (e) The Legislative Assembly may pass laws further effectuating
the provisions of this subsection. + }
 
  PARAGRAPH 2.  { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
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