S 650 Session 109 (1991-1992)
S 0650 Joint Resolution, By McConnell, Courson, Giese, Peeler, M.T. Rose,
Setzler, Thomas and Wilson
A Joint Resolution proposing an amendment to Article I of the Constitution of
South Carolina, 1895, relating to declaration of rights, so as to provide for
the "Victims' Bill of Rights".
02/13/91 Senate Introduced and read first time SJ-5
02/13/91 Senate Referred to Committee on Judiciary SJ-5
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE I OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO
DECLARATION OF RIGHTS, SO AS TO PROVIDE FOR THE
"VICTIMS' BILL OF RIGHTS."
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article I of the Constitution of this
State be amended by adding:
"Section 24. This section is known as the `Victims' Bill of
Rights'. To preserve and protect victims' rights to justice and due process
regardless of race, sex, age, religion, or economic strata, victims of
crime have the right to:
1. be treated with dignity and compassion;
2. protection from intimidation and harm;
3. be present at and be informed of all criminal proceedings
where the defendant has the right to be present;
4. be heard at all trials and court proceedings at which the
accused has the right to be heard;
5. confer with the prosecution regarding plea negotiations;
6. be provided accurate and timely information about the arrest,
detention, adjudication, conviction, sentencing, sanctions, imprisonment,
facility location, custodial status, escape and release of the accused,
convicted or adjudicated;
7. reparation and restitution from the person or persons
adjudicated responsible for or convicted of the criminal conduct that
caused the victim's loss or injury; and
8. a speedy trial or disposition and prompt and final conclusion
of the case after the conviction and sentence.
Victims shall be informed of their rights as defined in this section
and the criminal justice process generally in a timely manner. A
victim's exercise of any rights granted by this section shall not be
grounds for dismissing any criminal proceeding or the setting aside of
any conviction or sentence. `Victim' means a person against whom a
criminal offense has been committed or if the person is killed or
incapacitated, means the person's spouse, parent, child or other lawful
representative or guardian, unless the person is the accused."
SECTION 2. The proposed amendment must be submitted to the
qualified electors at the next general election for representatives. Ballots
must be provided at the various voting precincts with the following
words printed or written on the ballot:
"Must Article I of the Constitution of this State be amended so
as to provide for a victims' bill of rights?
Yes []
No []
Those voting in favor of the question shall deposit a ballot with a check
or cross mark in the square after the word `Yes', and those voting against
the question shall deposit a ballot with a check or cross mark in the
square after the word `No'."
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