REPORT TITLE:
Victim Rights; Const. Amend.


DESCRIPTION:
Proposes an amendment to the State Constitution to give crime
victims constitutionally recognized and protected rights. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           615
TWENTIETH LEGISLATURE, 2000                                S.D. 1
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:

 1      SECTION 1.  The purpose of this Act is to propose an
 
 2 amendment to article I of the Constitution of the State of Hawaii
 
 3 to give crime victims rights that are recognized and protected in
 
 4 the state constitution.
 
 5      The legislature finds that although those accused of crimes
 
 6 have various rights specified in article I, section 14, of the
 
 7 state constitution, crime victims currently have no similar
 
 8 constitutional protection for their rights.  The legislature
 
 9 further finds that crime victims should be treated with dignity,
 
10 respect, and courtesy and that their rights should be protected
 
11 in a manner no less vigorous than those of the accused.  Thus,
 
12 the legislature agrees that the state constitution should
 
13 guarantee that crime victims have specific rights to information
 
14 about, and participation in, the criminal justice process.
 
15 However, in providing these rights for crime victims, the
 
16 legislature wants to ensure that these provisions do not obviate
 
17 the criminal justice process, nor allow for the abridging of
 
18 other constitutional rights, nor create causes of action against
 
19 the State, county, or their respective employees.
 

 
Page 2                                                     
                                     S.B. NO.           615
                                                        S.D. 1
                                                        

 
 1      SECTION 2.  Article I of the Constitution of the State of
 
 2 Hawaii is amended by adding a new section to read as follows:
 
 3                     "RIGHTS OF CRIME VICTIMS
 
 4      Section 24.  A victim of a crime shall be treated with
 
 5 fairness, dignity and respect in the criminal justice process and
 
 6 shall be accorded reasonable access to information and
 
 7 appropriate rights to privacy, protection, participation in
 
 8 criminal proceedings, and restitution, as provided by law.  This
 
 9 section shall not confer upon any person a right to appeal or
 
10 modify any decision in a criminal proceeding, nor abridge any
 
11 other right guaranteed by the Constitution of the United States
 
12 or this constitution, nor create any cause of action for
 
13 compensation or damages against the State, any county of the
 
14 State, any officer, employee or agent of the State or of any
 
15 county or any officer of the court."
 
16      SECTION 3.  The question to be printed on the ballot shall
 
17 be as follows:
 
18      "Shall crime victims have a constitutional right to be
 
19      treated with fairness, dignity, and respect in the criminal
 
20      justice process, accorded reasonable access to information,
 
21      and appropriate rights to privacy, protection, participation
 
22      in criminal proceedings, and restitution, as provided by
 
23      law?"
 

 
Page 3                                                     
                                     S.B. NO.           615
                                                        S.D. 1
                                                        

 
 1      SECTION 4.  New constitutional material is underscored.
 
 2      SECTION 5.  This amendment shall take effect upon compliance
 
 3 with article XVII, section 3, of the Constitution of the State of
 
 4 Hawaii.