State Victims' Rights Amendments
- A state Constitutional Amendment for Victims' Rights was passed in November, 1994.
- The amendment was passed by 79% of voters.
ARTICLE 1, SECTION 22 – RIGHTS OF CRIME VICTIMS
A crime victim, as defined by statute, has the following rights:
- To be treated with fairness, respect, dignity and privacy throughout the criminal justice process.
- To timely disposition of the case.
- To prior notification of trial court, appellate and parole proceedings and, upon request, to information about the sentence, incarceration and release of the defendant.
- To be present at all criminal justice proceedings.
- To communicate with the prosecution.
- To be heard, upon request, at all criminal justice proceedings considering a plea of guilty, sentencing, incarceration or release of the defendant, unless manifest injustice would result.
- To restitution, as provided by law, from the person committing the offense that caused the victim's loss.
- To refuse an interview, ex parte contact, or other request by the defendant, or any other person acting on behalf of the defendant, unless such request is authorized by law.
- To read presentence reports relating to the crime.
- To the same rights in juvenile proceedings, where the offenses is a felony if committed by an adult, as guaranteed in this section, provided that access to the social history report shall be determined by statute.
Nothing in this section shall be construed to authorize a court to dismiss a case, to set aside or void a finding of guilt or an acceptance of a plea of guilty, or to obtain appellate, habeas corpus, or other relief from any criminal judgment, for a violation of the provisions of this section; nor be construed as creating a cause of action for money damages, costs or attorney fees against the state, a county, a municipality, any agency, instrumentality or person; nor be construed as limiting any rights for victims previously conferred by statute.
This section shall be self-enacting. The legislature shall have the power to enact laws to define, implement, preserve, and expand the rights guaranteed to victims in the provisions of this section.
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