Report Title:
Victim Rights; Constitution Amendment
Description:
Proposes an amendment to the state constitution to give crime victims constitutionally recognized and protected rights. (SD1)
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THE SENATE |
S.B. NO. |
780 |
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TWENTY-FIRST LEGISLATURE, 2001 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
PROPOSING AN AMENDMENT TO ARTICLE I OF THE HAWAII CONSTITUTION, TO ADD A SECTION ON CRIME VICTIMS' RIGHTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to propose an amendment to article I of the Constitution of the State of Hawaii to give crime victims and their surviving immediate family members rights that are recognized and protected in the State Constitution. Although those accused of crimes have various rights specified in article I, section 14, of the State Constitution, crime victims and their survivors currently have no similar constitutional protection for their rights. The legislature believes that crime victims, whose injuries and losses provide the justification, and confer responsibility on the State, for criminal prosecution, 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. The legislature further believes that the State Constitution should guarantee that crime victims and their immediate surviving family members have specific rights to information about, and participation in, the criminal justice process.
SECTION 2. Article I of the Constitution of the State of Hawaii is amended by adding a new section to read as follows:
"RIGHTS OF CRIME VICTIMS
Section 23. A crime victim or the victim's surviving immediate family members shall have the following rights with respect to any proceeding that follows as a result of a crime in which the victim was involved:
(1) To be treated with courtesy, fairness and respect for their dignity and privacy throughout the criminal justice process;
(2) To be reasonably protected from the accused;
(3) To be notified in a timely manner, upon request, about all court proceedings, all hearings conducted by the Hawaii paroling authority to determine minimum term of imprisonment or to consider release of the offender on parole and any actions taken by the department of public safety that will allow or result in the release of the offender into the community;
(4) To be notified, upon request, of the final disposition of any case involving the victim;
(5) To be present at all public proceedings related to the offense, unless the court determines that testimony by the victim would be materially affected if the victim heard other testimony at trial;
(6) To be heard, upon request, at all criminal justice proceedings considering the sentencing, incarceration or release of the offender;
(7) To be advised and consulted by the prosecuting attorney, upon request, concerning a proposed plea agreement; and
(8) To be awarded restitution, as provided by law, from the offender responsible for the victim's loss.
This section shall not confer upon any person a right to appeal or modify any decision in a criminal proceeding, nor abridge any other right guaranteed by the Constitution of the United States or this constitution, nor create any cause of action for compensation or damages against the State, any county of the State, any officer, employee or agent of the State or any county or any officer of the court."
SECTION 3. The question to be printed on the ballot shall be as follows:
"Shall the rights of crime victims be provided for in the Constitution of the State of Hawaii in a manner similar to the rights of the accused?"
SECTION 4. New constitutional material is underscored.
SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.