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--- arti:sec25:start [2019/01/27 04:08] – justice
+++ arti:sec25:start [2020/07/11 19:30] (current) – external edit 127.0.0.1
@@ Line 1: / Line 1: @@
 Section 25.
-. To preserve and protect the right of crime victims to justice, to ensure crime victims a meaningful role throughout the criminal and juvenile justice systems, and to ensure that  crime  victims'  rights  and  interests are respected and protected by law in a manner no less vigorous than the protections afforded to criminal defendants and delinquent children, all victims shall be entitled to the following rights, beginning at the time of their victimization:
+. To preserve and protect the right of crime victims to justice, to ensure
+crime victims a meaningful role throughout the criminal and juvenile justice
+systems, and to ensure that crime victims' rights and interests are
+respected and protected by law in a manner no less vigorous than the protections
+afforded to criminal defendants and delinquent children, all victims shall be
+entitled to the following rights, beginning at the time of their victimization:
-<wrap indent> a. The right to be treated with fairness and respect for the victim's dignity. </wrap>
+<WRAP indent>
+a. The right to be treated with fairness and respect for the
+victim's dignity.
-<wrap indent> b. The right to be free from intimidation, harassment, and abuse.
+b. The right to be free from intimidation, harassment, and abuse.
-<wrap indent> c. The right to be reasonably protected from the accused and any person acting on behalf of the accused.
+c. The right to be reasonably protected from the accused and any
+person acting on behalf of the accused.
-<wrap indent> d. The right to have the safety and welfare of the victim and the victim's family considered when setting bail or making release decisions.
+d. The right to have the safety and welfare of the victim and the
+victim's family considered when setting bail or making release decisions.
-<wrap indent> e. The right to prevent the disclosure of information or records that could be used to locate or  harass the victim or  the victim's  family,  or  which could  disclose confidential or privileged information about the victim, and to be notified of any request for such information or records.
+e. The right to prevent the disclosure of information or records
+that could be used to locate or harass the victim or the victim's family, or
+which could disclose confidential or privileged information about the victim,
+and to be notified of any request for such information or records.
-<wrap indent> f. The right to privacy, which includes the right to refuse an interview, deposition, or other discovery request made by the defendant, the defendant's attorney, or any person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interaction to which the victim consents. Nothing in this  section  shall  abrogate  a  defendant's  sixth  amendment  rights  under  the Constitution of the United States nor diminish the state's disclosure obligations to a defendant.
+f. The right to privacy, which includes the right to refuse an
+interview, deposition, or other discovery request made by the defendant, the
+defendant's attorney, or any person acting on behalf of the defendant, and to
+set reasonable conditions on the conduct of any such interaction to which the
+victim consents. Nothing in this section shall abrogate a defendant's sixth
+amendment rights under the Constitution of the United States nor diminish the
+state's disclosure obligations to a defendant.
-g. The right to reasonable, accurate, and timely notice of, and to be present at, all proceedings  involving  the  criminal  or  delinquent  conduct,  including  release, plea,  sentencing,  adjudication,  and  disposition,  and  any  proceeding  during which a right of the victim is implicated.
+g. The right to reasonable, accurate, and timely notice of, and to
+be present at, all proceedings involving the criminal or delinquent
+conduct, including release, plea, sentencing, adjudication, and
+disposition, and any proceeding during which a right of the victim is
+implicated.
-h. The right to be promptly notified of any release or escape of the accused.
+h. The right to be promptly notified of any release or escape of
+the accused.
-i. The right  to be heard in any proceeding involving release,  plea,  sentencing,
+i. The right to be heard in any proceeding involving release,
-adjudication, disposition, or parole, and any proceeding during which a right of
+plea, sentencing, adjudication, disposition, or parole, and any proceeding
-the victim is implicated.
+during which a right of the victim is implicated.
-j. The right, upon request, to confer with the attorney for the government.
+j. The right, upon request, to confer with the attorney for the
+government.
-k. The right to provide information regarding the impact of the offender's conduct
+k. The right to provide information regarding the impact of the
-on the victim and the victim's family to the individual responsible for conducting
+offender's conduct on the victim and the victim's family to the individual
-any  presentence  or  disposition  investigation  or  compiling  any  presentence
+responsible for conducting any presentence or disposition investigation or
-investigation  report  or  recommendation  regarding,  and  to  have  any  such
+compiling any presentence investigation report or recommendation regarding,
-information considered in any sentencing or disposition recommendations.
+and to have any such information considered in any sentencing or disposition
+recommendations.
-l. The right, upon request, to receive a copy of any report or record relevant to the
+l. The right, upon request, to receive a copy of any report or
-exercise of a victim's right, except for those portions made confidential by law or
+record relevant to the exercise of a victim's right, except for those portions
-unless  a  court  determines  disclosure  would  substantially  interfere  with  the
+made confidential by law or unless a court determines disclosure would
-investigation of a case, and to receive a copy of any presentence report or plan
+substantially interfere with the investigation of a case, and to receive a
-of disposition when available to the defendant or delinquent child.
+copy of any presentence report or plan of disposition when available to the
+defendant or delinquent child.
-m. The right, upon request, to the prompt return of the victim's property when no
+m. The right, upon request, to the prompt return of the victim's
-longer needed as evidence in the case.
+property when no longer needed as evidence in the case.
-n. The right to full and timely restitution in every case and from each offender for all
+n. The right to full and timely restitution in every case and from
-losses suffered by the victim as a result of the criminal or delinquent conduct. All
+each offender for all losses suffered by the victim as a result of the criminal
-monies and property collected from any person who has been ordered to make
+or delinquent conduct. All monies and property collected from any person who has
-restitution shall be first applied to the restitution owed to the victim before paying
+been ordered to make restitution shall be first applied to the restitution owed
-any amounts owed to the government.
+to the victim before paying any amounts owed to the government.
-o. The right to proceedings free from unreasonable delay, and to a prompt and
+o. The right to proceedings free from unreasonable delay, and to a
-final conclusion of the case and any related post-judgment proceedings.
+prompt and final conclusion of the case and any related post-judgment
+proceedings.
-p. The right, upon request, to be informed of the conviction, adjudication, sentence,
+p. The right, upon request, to be informed of the conviction,
-disposition, place, and time of incarceration, detention, or other disposition of
+adjudication, sentence, disposition, place, and time of incarceration,
-the offender, any scheduled release date of the offender, and the release of or
+detention, or other disposition of the offender, any scheduled release date of
-the escape by the offender from custody or commitment.
+the offender, and the release of or the escape by the offender from custody or
+commitment.
-q. The right, upon request, to be informed in a timely manner of all post-judgment
+q. The right, upon request, to be informed in a timely manner of
-processes and procedures, to participate in such processes and procedures, to
+all post-judgment processes and procedures, to participate in such processes and
-provide information to the release authority to be considered before any release
+procedures, to provide information to the release authority to be considered
-decision  is  made,  and  to  be  notified  of  any  release  decision  regarding  the
+before any release decision is made, and to be notified of any release
-offender. The parole authority shall extend the right to be heard to any person
+decision regarding the offender. The parole authority shall extend the right
-harmed by the offender.
+to be heard to any person harmed by the offender.
-r. The right,  upon request,  to  be informed in  a  timely  manner  of  any  pardon,
+r. The right, upon request, to be informed in a timely
-commutation, reprieve, or expungement procedures, to provide information to
+manner of any pardon, commutation, reprieve, or expungement procedures, to
-the  governor,  the  court,  any  pardon  board,  and  other  authority  in  these
+provide information to the governor, the court, any pardon board, and
-procedures, and to have that information considered before a decision is made,
+other authority in these procedures, and to have that information considered
-and to be notified of such decision in advance of any release of the offender.
+before a decision is made, and to be notified of such decision in advance of any
+release of the offender.
-s. The right to be informed of these rights, and to be informed that victims can
+s. The right to be informed of these rights, and to be informed
-seek the advice of an attorney with respect to their rights. This information shall
+that victims can seek the advice of an attorney with respect to their rights.
-be made available to the general public and provided to all crime victims in what
+This information shall be made available to the general public and provided to
-is referred to as a Marsy's card.
+all crime victims in what is referred to as a Marsy's card.
-. The victim, the retained attorney of the victim, a lawful representative of the victim, or
+</WRAP>
-the attorney for  the government upon request  of  the victim may assert  and seek
-enforcement of the rights enumerated in this section and any other right afforded to a
+. The victim, the retained attorney of the victim, a lawful representative of
-victim  by  law  in  any  trial  or  appellate  court,  or  before  any  other  authority  with
+the victim, or the attorney for the government upon request of the victim may
-jurisdiction  over  the  case,  as a matter  of  right.  The court  or  other  authority  with
+assert and seek enforcement of the rights enumerated in this section and any
-jurisdiction shall act promptly on such a request, ensuring that no right is deprived
+other right afforded to a victim by law in any trial or appellate court,
-without due process of law, and affording a remedy by due course of law for the
+or before any other authority with jurisdiction over the case, as a
-violation of any right. The reasons for any decision regarding disposition of a victim's
+matter of right. The court or other authority with jurisdiction shall act
+promptly on such a request, ensuring that no right is deprived without due
+process of law, and affording a remedy by due course of law for the violation of
+any right. The reasons for any decision regarding disposition of a victim's
 right shall be clearly stated on the record.
-. The granting of these rights to victims shall not be construed to deny or disparage
+. The granting of these rights to victims shall not be construed to deny or
-other  rights  possessed by victims.  All  provisions  of  this  section  apply  throughout
+disparage other rights possessed by victims. All provisions of this
-criminal and juvenile justice processes and are self-enabling. This section does not
+section apply throughout criminal and juvenile justice processes and are
-create any cause of action for damages against the state, any political subdivision of
+self-enabling. This section does not create any cause of action for damages
-the  state,  any  officer,  employee,  or  agent  of  the  state  or  of  any  of  its  political
+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.
-. As  used  in  this  section,  a  "victim"  is  a  person  who  suffers  direct  or  threatened
+. As used in this section, a "victim" is a person who suffers
-physical, psychological, or financial harm as a result of the commission or attempted
+direct or threatened physical, psychological, or financial harm as a result of
-commission of a crime or delinquent act or against whom the crime or delinquent act
+the commission or attempted commission of a crime or delinquent act or against
-is  committed.  If  a victim is deceased,  incompetent,  incapacitated,  or  a minor,  the
+whom the crime or delinquent act is committed. If a victim is deceased,
-victim's spouse, parent, grandparent, child, sibling, grandchild, or guardian, and any
+incompetent, incapacitated, or a minor, the victim's spouse, parent,
-person  with  a  relationship  to  the  victim  that  is  substantially  similar  to  a  listed
+grandparent, child, sibling, grandchild, or guardian, and any person with a
-relationship, may also exercise these rights. The term "victim" does not include the
+relationship to the victim that is substantially similar to a listed
-accused or a person whom the court finds would not act in the best interests of a
+relationship, may also exercise these rights. The term "victim" does not include
-deceased, incompetent, minor, or incapacitated victim.
+the accused or a person whom the court finds would not act in the best interests
+of a deceased, incompetent, minor, or incapacitated victim.