H 3293 Joint Resolution, By T.F. Rogers
 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" giving to victims of crime
 judicial and procedural rights as the defendant's case proceeds through the
 court system.

   01/18/95  House  Introduced and read first time HJ-19
   01/18/95  House  Referred to Committee on Judiciary HJ-19

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" GIVING TO VICTIMS OF CRIME JUDICIAL AND PROCEDURAL RIGHTS AS THE DEFENDANT'S CASE PROCEEDS THROUGH THE COURT SYSTEM.

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 a right granted by this section must not be grounds for dismissing a criminal proceeding or the setting aside of a 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 giving to victims of crime judicial and procedural rights as the defendant's case proceeds through the court system?

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'."