H 4055 Session 110 (1993-1994)
H 4055 Joint Resolution, By T.F. Rogers, Bailey, J.J. Bailey, R.A. Barber,
J.M. Baxley, H. Brown, R.C. Fulmer, Harvin, J.G. McAbee, Meacham, I.K. Rudnick,
Simrill, J.J. Snow, Vaughn, C.Y. Waites, D.C. Waldrop, C.C. Wells and
S.S. Wofford
A Joint Resolution proposing an amendment to Article I of the Constitution of
South Carolina, 1895, relating to declaration or rights, by adding Section 24
so as to provide for the "Victims' Bill of Rights".
04/14/93 House Introduced and read first time HJ-49
04/14/93 House Referred to Committee on Judiciary HJ-49
A JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE I OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO
DECLARATION OF RIGHTS, BY ADDING SECTION 24 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 must 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 must 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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