SB1123

THE SENATE	S.B. NO.	1123
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

proposing an amendment to article i of the constitution of the state of hawaii relating to the rights of victims of crime.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that victims of crime should be treated with dignity, respect, and courtesy and that their rights should be protected throughout the criminal justice process. The legislature further finds that while those accused of crimes have various rights specified in article I, section 14 of the Constitution of the State of Hawaii, victims of crime have no express constitutional protections.

The purpose of this Act is to propose an amendment to article I of the Constitution of the State of Hawaii to provide rights for victims of crimes throughout the criminal and juvenile justice systems.

SECTION 2. Article I of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:

"RIGHTS OF VICTIMS OF CRIME

Section . To preserve and protect justice and due process throughout the criminal and juvenile justice systems, a victim shall have the following rights which shall be protected in a manner no less vigorous than the rights afforded to the accused:

1. To be treated with fairness and respect for the victim's safety, dignity, and privacy;

2. Upon request, to receive reasonable and timely notice of, and to be present at, all public proceedings involving the criminal conduct;

3. To be heard in any public proceeding involving release, plea, sentencing, disposition, parole, and any public proceeding during which a right of the victim is implicated;

4. To reasonable protection from the accused or any person acting on behalf of the accused;

5. Upon request, to reasonable notice of any release or escape of the accused;

6. To full and timely restitution;

7. To proceedings free from unreasonable delay and a prompt conclusion of the case;

8. Upon request, to confer with the attorney for the government; and

9. To be informed of all rights enumerated in this section.

The victim, the victim's attorney or other lawful representative, or the attorney for the government upon request of the victim may assert, and have enforced, the rights enumerated in this section and any other right afforded to the victim by law in any trial or appellate court, or before any other authority with jurisdiction over the case. The court or other authority with jurisdiction shall act promptly on such a request. This section does not create any cause of action for compensation or damages against the State, any political subdivision of the State, any officer, employee, or agent of the State or of any of its political subdivisions, or any officer or employee of the court.

As used in this section, "victim" includes any person against whom a crime has been committed by an adult or juvenile; or who is directly and proximately harmed by the commission of the crime. "Victim" does not include the accused or a person whom the court finds would not act in the best interests of a deceased, incompetent, minor, or incapacitated victim. This section applies to victims of the following crimes: felonies; sexual offenses; and all other crimes in which the victim suffers death, bodily injury, unwanted physical contact, unwanted communications, and violation of privacy, or the threat or risk thereof. This section shall not apply to non-felony crimes of theft."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall victims of crime be provided rights in the Constitution of the State of Hawaii, including fair and respectful treatment throughout the criminal justice process; notification of critical proceedings; to be heard during possible plea agreements and case dispositions; proceedings free from unreasonable delay; the opportunity to be present at all proceedings related to the criminal conduct; financial reimbursement from the offender; and notification of the offender's release from custody?"

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.

INTRODUCED BY:	_____________________________