arti:sec25:start
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Section 25. | Section 25. | ||
- | 1. 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' | + | 1. 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' | ||
+ | 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: | ||
- | a. The right to be treated with fairness and respect for the victim' | + | <WRAP indent> |
+ | a. The right to be treated with fairness and respect for the | ||
+ | victim' | ||
b. The right to be free from intimidation, | b. The right to be free from intimidation, | ||
- | 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. | ||
- | d. The right to have the safety and welfare of the victim and the victim' | + | d. The right to have the safety and welfare of the victim and the |
+ | victim' | ||
- | e. The right to prevent the disclosure of information or records that could be used to locate or harass the victim or the victim' | + | e. The right to prevent the disclosure of information or records |
+ | that could be used to locate or harass the victim or the victim' | ||
+ | which could disclose confidential or privileged information about the victim, | ||
+ | and to be notified of any request for such information or records. | ||
- | f. The right to privacy, which includes the right to refuse an interview, deposition, or other discovery request made by the defendant, the defendant' | + | f. The right to privacy, which includes the right to refuse an |
- | Constitution of the United States nor diminish the state' | + | interview, deposition, or other discovery request made by the defendant, the |
+ | defendant' | ||
+ | set reasonable conditions on the conduct of any such interaction to which the | ||
+ | victim consents. Nothing in this section shall abrogate a defendant' | ||
+ | amendment rights under the Constitution of the United States nor diminish the | ||
+ | state' | ||
- | g. The right to reasonable, accurate, and timely notice of, and to be present at, all proceedings | + | 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, | ||
+ | disposition, | ||
+ | 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, | + | i. The right to be heard in any proceeding involving release, |
- | adjudication, | + | plea, sentencing, adjudication, |
- | 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' | + | k. The right to provide information regarding the impact of the |
- | on the victim and the victim' | + | offender' |
- | any presentence | + | responsible for conducting any presentence or disposition investigation or |
- | investigation | + | 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' | + | record relevant to the exercise of a victim' |
- | unless | + | 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' | + | m. The right, upon request, to the prompt return of the victim' |
- | 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, | + | p. The right, upon request, to be informed of the conviction, |
- | disposition, | + | adjudication, |
- | 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 | + | 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, | + | r. The right, upon request, to be informed in a timely |
- | commutation, | + | manner of any pardon, commutation, |
- | the governor, | + | 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' | + | all crime victims in what is referred to as a Marsy' |
- | 2. The victim, the retained attorney of the victim, a lawful representative of the victim, or | + | </ |
- | the attorney for the government upon request | + | |
- | enforcement of the rights enumerated in this section and any other right afforded to a | + | 2. The victim, the retained attorney of the victim, a lawful representative of |
- | victim | + | the victim, or the attorney for the government upon request of the victim may |
- | jurisdiction | + | 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' | + | 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' | ||
right shall be clearly stated on the record. | right shall be clearly stated on the record. | ||
- | 3. The granting of these rights to victims shall not be construed to deny or disparage | + | 3. The granting of these rights to victims shall not be construed to deny or |
- | other rights | + | disparage |
- | 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, | + | against the state, any political subdivision of the state, any officer, |
+ | employee, or agent of the state or of any of its political | ||
subdivisions, | subdivisions, | ||
- | 4. As used in this section, | + | 4. As used in this section, a " |
- | physical, psychological, | + | direct or threatened physical, psychological, |
- | 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. | + | whom the crime or delinquent act is committed. If a victim is deceased, |
- | victim' | + | incompetent, |
- | person | + | grandparent, |
- | relationship, | + | 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, |
- | deceased, incompetent, | + | the accused or a person whom the court finds would not act in the best interests |
+ | of a deceased, incompetent, | ||
arti/sec25/start.1548445706.txt.gz · Last modified: 2019/01/25 19:48 by 127.0.0.1