S*1050 Session 111 (1995-1996)
S*1050(Rat #0451, Act #0469 of 1996) Joint Resolution, By McConnell, Giese,
Lander and M.T. Rose
A Joint Resolution proposing an amendment to Article I of the Constitution of
South Carolina, 1895, relating to the Declaration of Rights, by adding Section
24 so as to provide for the "Victims' Bill of Rights"; and also proposing an
amendment to Section 15, Article I of the Constitution, relating to the right
of bail, cruel or unusual punishment, and detention of witnesses, so as to
provide that bail may be denied to persons charged with violent offenses.
01/23/96 Senate Introduced and read first time SJ-9
01/23/96 Senate Referred to Committee on Judiciary SJ-9
04/24/96 Senate Committee report: Favorable with amendment
Judiciary SJ-13
04/25/96 Senate Amended SJ-70
04/25/96 Senate Read second time SJ-70
04/25/96 Senate Unanimous consent for third reading on next
legislative day SJ-70
04/26/96 Senate Read third time and sent to House SJ-5
04/30/96 House Introduced and read first time HJ-17
04/30/96 House Referred to Committee on Judiciary HJ-18
05/15/96 House Committee report: Favorable Judiciary HJ-5
05/21/96 House Debate adjourned HJ-69
05/21/96 House Read second time HJ-91
05/21/96 House Roll call Yeas-109 Nays-0 HJ-96
05/22/96 House Read third time and enrolled HJ-16
05/30/96 Ratified R 451
05/30/96 No signature required
05/30/96 Effective date None
06/27/96 Copies available
08/29/96 Act No. 469
(A469, R451, S1050)
A JOINT RESOLUTION PROPOSING AN AMENDMENT TO
ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895,
RELATING TO THE DECLARATION OF RIGHTS, BY ADDING
SECTION 24 SO AS TO PROVIDE FOR THE "VICTIMS' BILL
OF RIGHTS"; AND ALSO PROPOSING AN AMENDMENT TO
SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO
THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND
DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL
MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT
OFFENSES.
Be it enacted by the General Assembly of the State of South
Carolina:
Proposed constitutional amendment
SECTION 1. It is proposed that Article I of the Constitution of this
State be amended by adding:
"Section 24. (A) To preserve and protect victims' rights to
justice and due process regardless of race, sex, age, religion, or economic
status, victims of crime have the right to:
(1) be treated with fairness, respect, and dignity, and to be free
from intimidation, harassment, or abuse, throughout the criminal and
juvenile justice process, and informed of the victim's constitutional
rights, provided by statute;
(2) be reasonably informed when the accused or convicted person
is arrested, released from custody, or has escaped;
(3) be informed of and present at any criminal proceedings which
are dispositive of the charges where the defendant has the right to be
present;
(4) be reasonably informed of and be allowed to submit either a
written or oral statement at all hearings affecting bond or bail;
(5) be heard at any proceeding involving a post-arrest release
decision, a plea, or sentencing;
(6) be reasonably protected from the accused or persons acting on
his behalf throughout the criminal justice process;
(7) confer with the prosecution, after the crime against the victim
has been charged, before the trial or before any disposition and informed
of the disposition;
(8) have reasonable access after the conclusion of the criminal
investigation to all documents relating to the crime against the victim
before trial;
(9) receive prompt and full restitution from the person or persons
convicted of the criminal conduct that caused the victim's loss or injury
including both adult and juvenile offenders;
(10) be informed of any proceeding when any post-conviction action
is being considered, and be present at any post-conviction hearing
involving a post-conviction release decision;
(11) a reasonable disposition and prompt and final conclusion of the
case;
(12) have all rules governing criminal procedure and the
admissibility of evidence in all criminal proceedings protect victims'
rights and have these rules subject to amendment or repeal by the
legislature to ensure protection of these rights.
(B) Nothing in this section creates a civil cause of action on behalf
of any person against any public employee, public agency, the State, or
any agency responsible for the enforcement of rights and provision of
services contained in this section. The rights created in this section may
be subject to a writ of mandamus, to be issued by any justice of the
Supreme Court or circuit court judge to require compliance by any public
employee, public agency, the State, or any agency responsible for the
enforcement of the rights and provisions of these services contained in
this section, and a wilful failure to comply with a writ of mandamus is
punishable as contempt.
(C) For purposes of this section:
(1) A victim's exercise of any right granted by this section is not
grounds for dismissing any criminal proceeding or setting aside any
conviction or sentence.
(2) `Victim' means a person who suffers direct or threatened
physical, psychological, or financial harm as the result of the commission
or attempted commission of a crime against him. The term `victim' also
includes the person's spouse, parent, child, or lawful representative of a
crime victim who is deceased, who is a minor or who is incompetent or
who was a homicide victim or who is physically or psychologically
incapacitated.
(3) The General Assembly has the authority to enact substantive
and procedural laws to define, implement, preserve, and protect the rights
guaranteed to victims by this section, including the authority to extend
any of these rights to juvenile proceedings.
(4) The enumeration in the Constitution of certain rights for
victims shall not be construed to deny or disparage others granted by the
General Assembly or retained by victims."
Ballot question
SECTION 2. The proposed amendment in Section 1 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, relating to the
declaration of rights under the state's Constitution, be amended so as to
add the `Victims' Bill of Rights' which provides that a crime victim shall
have the right to be treated with fairness, respect, and dignity, and to be
free from intimidation, harassment, or abuse throughout the criminal and
juvenile justice process?
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'."
Proposed constitutional amendment
SECTION 3. It is proposed that Section 15, Article I of the Constitution
of this State be amended to read:
"Section 15. All persons shall be, before conviction, bailable
by sufficient sureties, but bail may be denied to persons charged with
capital offenses or offenses punishable by life imprisonment, or with
violent offenses defined by the General Assembly, giving due weight to
the evidence and to the nature and circumstances of the event. Excessive
bail shall not be required, nor shall excessive fines be imposed, nor shall
cruel, nor corporal, nor unusual punishment be inflicted, nor shall
witnesses be unreasonably detained."
Ballot question
SECTION 4. The proposed amendment in Section 3 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 Section 15 of Article I of the Constitution of this State,
relating to the right of bail, cruel and unusual punishment, and detention
of witness, be amended so as to provide that bail may be denied to
persons charged with violent offenses as defined by the General
Assembly?
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'."
Ratified the 30th day of May, 1996. |