Bill Text: HI SB1253 | 2010 | Regular Session | Introduced

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Bill Title: Crime Victims; Constitutional Amendment

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB1253 Detail]

Download: Hawaii-2010-SB1253-Introduced.html

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Report Title:

Crime Victims; Constitutional Amendment

 

Description:

Proposes a constitutional amendment to establish crime victim rights.

 

THE SENATE	S.B. NO.	1253
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

PROPOSING AN AMENDMENT TO ARTICLE i OF THE HAWAII CONSTITUTION TO ESTABLISH RIGHTS OF CRIME VICTIMS.

 

 

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

 

     SECTION 1.  The legislature finds that although accused perpetrators of crime are granted certain constitutional rights, crime victims and their survivors are not similarly conferred rights under the constitution.  The legislature further finds that crime victims should be treated with dignity, respect, and courtesy by protecting their rights under the constitution.  Other states have also adopted crime victim rights in their constitution.

     SECTION 2.  The purpose of this Act is to propose an amendment to article I of the Constitution of the State of Hawaii to establish constitutional rights for victims of crime and their survivors.

     SECTION 3.  Article I of the Constitution of the State of Hawaii is amended by adding a new section be appropriately designated and to read as follows:

"RIGHTS OF CRIME VICTIMS

     Section   .  A crime victim, as defined by law, or the victim's surviving immediate family members, shall have the following rights, subject to provisions of statutory law:

     (1)  To be treated with courtesy, fairness, and respect for their dignity and privacy throughout the criminal justice process;

     (2)  To receive protection from threats of harm;

     (3)  To be informed of a victim's constitutional rights, financial assistance, and other services available for crime victims and witnesses;

     (4)  To a speedy trial or disposition of their case;

     (5)  To be notified in a timely manner, upon written request, of all public court proceedings related to the offense, major developments in the case, and the final disposition of the case;

     (6)  To be present at all public court proceedings related to the offense unless the court determines that the victim’s presence would materially affect the victim’s testimony;

     (7)  To be consulted with, and advised of, any plea agreement by the prosecuting attorney;

     (8)  To be notified in a timely manner of, provide input at, and participate in, any process or deliberation that may result in a post-arrest release decision, a negotiated plea, or sentencing of the offender;

     (9)  To be notified in a timely manner of, provide input at, and participate in, any process or deliberation that may result in the offender’s post-conviction release from confinement, including, any type of release by the department of public safety;

    (10)  To be notified in a timely manner of, and provide input regarding, any developments relating to the release, discharge, commitment, or unauthorized absence of the offender who was committed or involuntarily hospitalized pursuant to criminal commitment;

    (11)  To be notified in a timely manner of changes in the offender’s custodial status, including, but not limited to, transfer between facilities, escape, furlough, work release, placement on supervised release, release on parole, release on bail bond, release on appeal bond, any type of release by the department of public safety, and final discharge at the end of the prison term;

    (12)  To have property expeditiously returned by law enforcement agencies when the property is no longer needed as evidence; and

    (13)  To receive prompt restitution from the person or persons convicted."

    SECTION 4.  The question to be printed on the ballot shall be as follows:

    "Shall crime victims and their surviving immediate family members be provided specified rights in the Constitution of the State of Hawai‘i?"

     SECTION 5.  New constitutional material is underscored.

     SECTION 6.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

 

INTRODUCED BY:	_____________________________