THE SENATE

S.B. NO.

3034

TWENTY-EIGHTH LEGISLATURE, 2016

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

PROPOSING AN AMENDMENT TO ARTICLE I OF CONSTITUTION OF THE STATE OF HAWAII TO ESTABLISH RIGHTS FOR VICTIMS OF CRIMES.

 

 

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 provide recognized and protected constitutional rights for victims of crime from the time of their victimization and continuing throughout the criminal justice process, to be known as "Marsy's Law".

     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   .  A victim of crime shall enjoy the following rights at the time of the victim's victimization and continuing throughout the criminal justice process:

      1.  To be reasonably protected from the accused, including having the victim's safety considered in denying or fixing the amount of bail and in setting release conditions for the accused;

      2.  To reasonable, accurate and timely notice of all proceedings related to the criminal conduct;

      3.  To not be excluded from any proceeding related to the criminal conduct, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at the proceeding;

      4.  To be reasonably heard at all proceedings related to the criminal conduct;

      5.  To the reasonable right to confer with the attorney for the State in the case or other proceeding related to the criminal conduct;

      6.  To full and timely restitution as provided by law;

      7.  To proceedings free from unreasonable delay;

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

      9.  To be informed in a timely manner of any plea bargain, deferred prosecution agreement or final disposition, and other major developments, as that term may be defined by law, in proceedings related to the criminal conduct; and

     10.  To be informed of these rights and of other rights and services available for crime victims.

ENFORCEMENT

     In any proceeding related to the criminal conduct, the court shall ensure that the victim of crime is afforded these rights.

     The victim of crime, or the victim's lawful representative and the attorney for the State may assert and enforce the rights established by this section.  Except to enforce these rights, nothing in this section shall be construed to create a cause of action against the State or counties, or any of their agencies, officials or employees.

     A person accused of the crime may not obtain any form of relief established by this section.

     The legislature may enact laws to define, implement, preserve and protect the rights established by this section.

     Nothing in this section shall be construed to supersede the constitutional rights of a person accused of the crime.

     As used herein, "a victim of crime", "crime victim" or "victim" means any person who suffers direct, proximate or threatened physical, psychological or financial harm as a result of the commission or attempted commission of a crime by the accused, and shall include the lawful representative of a victim who is a minor, incompetent, physically or mentally incapacitated or deceased.  The term does not include the accused or a person whom the court finds would not act in the best interests of a minor, incompetent, incapacitated or deceased victim."

     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, possible plea agreements and case dispositions; proceedings free from unreasonable delay; the opportunity to be present at all proceedings related to the criminal conduct; the opportunity to speak at the sentencing hearing; 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.



Report Title:

Crime Victim Rights; Marsy's Law; Constitutional Amendment

 

Description:

Proposes an amendment to the Hawaii State Constitution to provide victims of crimes with specific rights related to the criminal justice process.  (SB3034 HD1)

 

 

 

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