State Victims' Rights Amendments
Oklahoma
- Voters in Oklahoma adopted a change to its victims' rights constitutional provision on November 6, 2018 with a vote of 78.01%.
- The original provision is below.
Rights of Victims A.To secure justice and due process for victims throughout the criminal and juvenile justice systems, a victim of a crime shall have the following rights, which shall be protected by law in a manner no less vigorous than the rights afforded to the accused: to be treated with fairness and respect for the victim's safety, dignity and privacy; upon request, to reasonable and timely notice of and to be present at all proceedings involving the criminal or delinquent conduct; to be heard in any proceeding involving release, plea, sentencing, disposition, parole and any proceeding during which a right of the victim is implicated; to reasonable protection; upon request, to reasonable notice of any release or escape of an accused; to refuse an interview or other request made by the accused or any person acting on behalf of the accused, other than a refusal to appear if subpoenaed by defense counsel; to full and timely restitution; to proceedings free from unreasonable delay and a prompt conclusion of the case; upon request, to confer with the attorney for the state; and to be informed of all rights enumerated in this section. B. The victim, the victim's attorney or other lawful representative, or the attorney for the state upon request of the victim may assert in any trial or appellate court, or before any other authority with jurisdiction over the case, and have enforced the rights enumerated in this section and any other right afforded to the victim by law. The court or other authority with jurisdiction shall act promptly on such a request. This section does not create any cause of action for compensation or damages against the state, any political subdivision of the state, any officer, employee or agent of the state or of any of its political subdivisions, or any officer or employee of the court. C. As used in this section, a "victim" includes any person against whom the criminal offense or delinquent act is committed or who is directly and proximately harmed by the commission of the offense or act. The term "victim" does not include the accused or a person whom the court finds would not act in the best interests of a deceased, incompetent, minor or incapacitated victim. D. The Legislature, or the people by initiative or referendum, has the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section, E. The enumeration in the Constitution of certain rights for victims shall not be construed to deny or disparage other rights guaranteed by the Legislature or retained by victims. |
- A state Constitutional Amendment for Victims' Rights was passed in November, 1996.
- The amendment was passed by 91% of voters.
Amendment Text:
ARTICLE II, SECTION 34
A. To preserve and protect the rights of victims to justice and due process
and ensure that victims are treated with fairness, respect and dignity
and are free from intimidation, harassment or abuse, throughout the
criminal justice process, any victim or family member of a victim of
a crime has the right to know the status of the investigation and prosecution
of the criminal case, including all proceedings wherein a disposition
of a case is likely to occur, and where plea negotiations may occur.
The victim or family member of a victim of a crime has the right to
know the location of the defendant following an arrest, during a prosecution
of the criminal case, during a sentence to probation or confinement,
and when there is any release or escape of the defendant from confinement.
The victim or family member of a victim of a crime has a right to be
present at any proceeding where the defendant has a right to be present,
to be heard at any sentencing or parole hearing, to be awarded restitution
by the convicted person for damages or losses as determined and ordered
by the court, and to be informed by the state of the constitutional
rights of the victim.
B. An exercise of any right by a victim or family member of a victim or the failure to provide a victim or family member of a victim any right granted by this section shall not be grounds for dismissing any criminal proceeding or setting aside any conviction or sentence.
C. The Legislature, or the people by initiative or referendum, 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 and if enacted by the Legislature, youthful offender proceedings.
D. The enumeration in the Constitution of certain rights for victims shall not be construed to deny or disparage other rights granted by the Legislature or retained by victims.
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