STAND. COM. REP. NO. 2045

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 615
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No.
615 entitled: 

          "A BILL FOR AN ACT PROPOSING AN AMENDMENT TO ARTICLE I
          OF THE HAWAII CONSTITUTION, TO ADD A SECTION ON CRIME
          VICTIMS' RIGHTS,"

begs leave to report as follows:

     The purpose of this bill is to propose an amendment to
article I of the Constitution of the State of Hawaii to give
crime victims rights that are recognized and protected in the
state constitution.

     Your Committee finds that although crime victims enjoy
certain rights provided by statute, these rights are not
guaranteed to them by the state constitution.  Your Committee
further finds that those accused of crimes do have constitutional
rights as specified in article I, section 14, of the state
constitution.  Your Committee believes that crime victims should
be treated with dignity, respect, and courtesy and that their
rights should be protected in a manner no less vigorous than
those of the accused.  Thus, your Committee agrees that it is
appropriate to recognize in the state constitution that crime
victims have certain rights.  Your Committee recognizes that
those accused of crimes in Hawaii enjoy the constitutional
protections they do because they are threatened with the loss of
liberty or property.  Crime victims, who have already suffered
physical injuries or a loss of property, should not have their
rights and interests neglected in the course of protecting the

 
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accused.  It is your Committee's intent, therefore, to provide a
constitutional guarantee of certain rights for crime victims
without abridging the rights constitutionally guaranteed to those
accused of crimes.

     Testimony in support of this measure was submitted by the
Department of the Prosecuting Attorney of the City and County of
Honolulu and Mothers Against Drunk Driving.

     Upon further consideration, your Committee has amended this
measure by:

     (1)  Adding the right for crime victims to participate in
          criminal proceedings; and

     (2)  Making a technical, non-substantive amendment for the
          purposes of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of S.B. No.
615, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as S.B. No. 615, S.D. 1, and
be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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