Report Title:

Victim Rights; Constitution Amendment

 

Description:

Proposes an amendment to the state constitution to give crime victims constitutionally recognized and protected rights.

 

THE SENATE

S.B. NO.

780

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

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 rights that are recognized and protected in the state constitution.

The legislature finds that although those accused of crimes have various rights specified in article I, section 14, of the state constitution, crime victims currently have no similar constitutional protection for their rights. The legislature further finds 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, the legislature agrees that the state constitution should guarantee that crime victims have specific rights to information about, and participation in, the criminal justice process. However, in providing these rights for crime victims, the legislature wants to ensure that these provisions do not obviate the criminal justice process, nor allow for the abridging of other constitutional rights, nor create causes of action against the State, county, or their respective employees.

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 24. A victim of a crime shall be treated with fairness, dignity and respect in the criminal justice process and shall be accorded reasonable access to information and appropriate rights to privacy, protection, participation in criminal proceedings and restitution, as provided by law. 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 of any county or any officer of the court."

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

"Shall crime victims have a constitutional right to be treated with fairness, dignity, and respect in the criminal justice process, accorded reasonable access to information, and appropriate rights to privacy, protection, participation in criminal proceedings, and restitution, as provided by law?"

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:

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