H 4552 Session 111 (1995-1996)
H 4552 Joint Resolution, By Haskins, Allison, Bailey, J.M. Baxley, Boan,
G. Brown, H. Brown, A.W. Byrd, B.D. Cain, Carnell, Cato, C.D. Chamblee,
Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday,
J.G. Felder, Fleming, R.C. Fulmer, H.M. Hallman, Harrell, J.L. Harris,
P.B. Harris, Harrison, R.J. Herdklotz, J.H. Hodges, H.G. Hutson, Inabinett,
M.F. Jaskwhich, Keegan, Kelley, M.H. Kinon, Kirsh, Klauber, Knotts, Koon,
Lanford, Law, L.H. Limbaugh, Limehouse, Littlejohn, Loftis, C.V. Marchbanks,
Mason, J.G. McAbee, McCraw, J.T. McElveen, McKay, D.E. McTeer, Meacham,
Phillips, Quinn, Rice, Richardson, Riser, Robinson, T.F. Rogers, Sandifer,
Seithel, Sharpe, J.S. Shissias, Simrill, D. Smith, R. Smith, Spearman,
E.C. Stoddard, Stuart, P.H. Thomas, Townsend, Tripp, Trotter, Vaughn,
D.C. Waldrop, Walker, C.C. Wells, Whatley, Wilder, Wilkins, Witherspoon,
S.S. Wofford, H.G. Worley, D.A. Wright, W.J. Young and Young-Brickell
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.
02/06/96 House Introduced and read first time HJ-176
02/06/96 House Referred to Committee on Judiciary HJ-176
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:
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 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 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 these 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 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."
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'."
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, be 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."
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'."
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