South Carolina General Assembly
110th Session, 1993-1994

Bill 4055


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    4055
Primary Sponsor:                Rogers
Committee Number:               25
Type of Legislation:            JR
Subject:                        Victims Bill of Rights
Residing Body:                  House
Current Committee:              Judiciary
Companion Bill Number:          81
Computer Document Number:       DKA/4211AL.93
Introduced Date:                19930414
Last History Body:              House
Last History Date:              19930414
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Rogers
                                Meacham
                                G. Bailey
                                Wofford
                                Barber
                                Fulmer
                                Simrill
                                Baxley
                                Harvin
                                McAbee
                                Waldrop
                                Snow
                                Rudnick
                                Waites
                                J. Bailey
                                Wells
                                Vaughn
                                H. Brown
Type of Legislation:            Joint
                                Resolution



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

4055  House   19930414      Introduced, read first time,    25
                            referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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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