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--- arti:sec25:start [2020/07/11 19:28] – jet
+++ arti:sec25:start [2020/07/11 19:30] (current) – external edit 127.0.0.1
@@ Line 3: / Line 3: @@
 . 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
+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
@@ Line 9: / Line 9: @@
 <WRAP indent>
-<wrap indent> a. The right to be treated with fairness and respect for the
+a. The right to be treated with fairness and respect for the
-victim's dignity. </wrap>
+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>
-<wrap indent> c. The right to be reasonably protected from the accused and any
+c. The right to be reasonably protected from the accused and any
-person acting on behalf of the accused.</wrap>
+person acting on behalf of the accused.
-<wrap indent> d. The right to have the safety and welfare of the victim and the
+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>
+victim's family considered when setting bail or making release decisions.
-<wrap indent> e. The right to prevent the disclosure of 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
+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,
+which could disclose confidential or privileged information about the victim,
-and to be notified of any request for such information or records.</wrap>
+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
+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
+victim consents. Nothing in this section shall abrogate a defendant's sixth
-amendment  rights  under  the Constitution of the United States nor diminish the
+amendment rights under the Constitution of the United States nor diminish the
-state's disclosure obligations to a defendant.</wrap>
+state's disclosure obligations to a defendant.
-<wrap indent> g. The right to reasonable, accurate, and timely notice of, and to
+g. The right to reasonable, accurate, and timely notice of, and to
-be present at, all proceedings  involving  the  criminal  or  delinquent
+be present at, all proceedings involving the criminal or delinquent
-conduct, including  release, plea,  sentencing,  adjudication,  and
+conduct, including release, plea, sentencing, adjudication, and
-disposition,  and any  proceeding  during which a right of the victim is
+disposition, and any proceeding during which a right of the victim is
-implicated.</wrap>
+implicated.
-<wrap indent> h. The right to be promptly notified of any release or escape of
+h. The right to be promptly notified of any release or escape of
-the accused.</wrap>
+the accused.
-<wrap indent> i. The right  to be heard in any proceeding involving release,
+i. The right to be heard in any proceeding involving release,
 plea, sentencing, adjudication, disposition, or parole, and any proceeding
-during which a right of the victim is implicated.</wrap>
+during which a right of the victim is implicated.
-<wrap indent> j. The right, upon request, to confer with the attorney for the
+j. The right, upon request, to confer with the attorney for the
-government.</wrap>
+government.
-<wrap indent> k. The right to provide information regarding the impact of the
+k. The right to provide information regarding the impact of the
 offender's conduct on the victim and the victim's family to the individual
-responsible for conducting any  presentence  or  disposition  investigation  or
+responsible for conducting any presentence or disposition investigation or
-compiling  any presentence investigation  report  or  recommendation  regarding,
+compiling any presentence investigation report or recommendation regarding,
-and  to  have any  such information considered in any sentencing or disposition
+and to have any such information considered in any sentencing or disposition
-recommendations.</wrap>
+recommendations.
-<wrap indent> l. The right, upon request, to receive a copy of any report or
+l. The right, upon request, to receive a copy of any report or
 record relevant to the exercise of a victim's right, except for those portions
-made confidential by law or unless  a  court  determines  disclosure  would
+made confidential by law or unless a court determines disclosure would
-substantially interfere  with  the investigation of a case, and to receive a
+substantially interfere with the investigation of a case, and to receive a
 copy of any presentence report or plan of disposition when available to the
-defendant or delinquent child.</wrap>
+defendant or delinquent child.
-<wrap indent> m. The right, upon request, to the prompt return of the victim's
+m. The right, upon request, to the prompt return of the victim's
-property when no longer needed as evidence in the case.</wrap>
+property when no longer needed as evidence in the case.
-<wrap indent> n. The right to full and timely restitution in every case and from
+n. The right to full and timely restitution in every case and from
 each offender for all losses suffered by the victim as a result of the criminal
 or delinquent conduct. All monies and property collected from any person who has
 been ordered to make restitution shall be first applied to the restitution owed
-to the victim before paying any amounts owed to the government.</wrap>
+to the victim before paying any amounts owed to the government.
-<wrap indent> o. The right to proceedings free from unreasonable delay, and to a
+o. The right to proceedings free from unreasonable delay, and to a
 prompt and final conclusion of the case and any related post-judgment
-proceedings.</wrap>
+proceedings.
-<wrap indent> p. The right, upon request, to be informed of the conviction,
+p. The right, upon request, to be informed of the conviction,
 adjudication, sentence, disposition, place, and time of incarceration,
 detention, or other disposition of the offender, any scheduled release date of
 the offender, and the release of or the escape by the offender from custody or
-commitment.</wrap>
+commitment.
-<wrap indent> q. The right, upon request, to be informed in a timely manner of
+q. The right, upon request, to be informed in a timely manner of
 all post-judgment processes and procedures, to participate in such processes and
 procedures, to provide information to the release authority to be considered
-before any release decision  is  made,  and  to  be  notified  of  any  release
+before any release decision is made, and to be notified of any release
-decision  regarding  the offender. The parole authority shall extend the right
+decision regarding the offender. The parole authority shall extend the right
-to be heard to any person harmed by the offender.</wrap>
+to be heard to any person harmed by the offender.
-<wrap indent> r. The right,  upon request,  to  be informed in  a  timely
+r. The right, upon request, to be informed in a timely
-manner  of  any pardon, commutation, reprieve, or expungement procedures, to
+manner of any pardon, commutation, reprieve, or expungement procedures, to
-provide information to the  governor,  the  court,  any  pardon  board,  and
+provide information to the governor, the court, any pardon board, and
-other  authority  in these procedures, and to have that information considered
+other authority in these procedures, and to have that information considered
 before a decision is made, and to be notified of such decision in advance of any
-release of the offender.</wrap>
+release of the offender.
-<wrap indent> s. The right to be informed of these rights, and to be informed
+s. The right to be informed of these rights, and to be informed
 that victims can seek the advice of an attorney with respect to their rights.
 This information shall be made available to the general public and provided to
-all crime victims in what is referred to as a Marsy's card.</wrap>
+all crime victims in what is referred to as a Marsy's card.
 </WRAP>
 . The victim, the retained attorney of the victim, a lawful representative of
-the victim, or the attorney for  the government upon request  of  the victim may
+the victim, or the attorney for the government upon request of the victim may
-assert  and seek enforcement of the rights enumerated in this section and any
+assert and seek enforcement of the rights enumerated in this section and any
-other right afforded to a victim  by  law  in  any  trial  or  appellate  court,
+other right afforded to a victim by law in any trial or appellate court,
-or  before  any  other  authority  with jurisdiction  over  the  case,  as a
+or before any other authority with jurisdiction over the case, as a
-matter  of  right.  The court  or  other  authority  with jurisdiction shall act
+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
@@ Line 116: / Line 115: @@
 . The granting of these rights to victims shall not be construed to deny or
-disparage other  rights  possessed by victims.  All  provisions  of  this
+disparage other rights possessed by victims. All provisions of this
-section  apply  throughout criminal and juvenile justice processes and are
+section apply throughout criminal and juvenile justice processes and are
 self-enabling. This section does not create any cause of action for damages
-against the state, any political subdivision of the  state,  any  officer,
+against the state, any political subdivision of the state, any officer,
-employee,  or  agent  of  the  state  or  of  any  of  its  political
+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
+. As used in this section, a "victim" is a person who suffers
-direct  or  threatened physical, psychological, or financial harm as a result of
+direct or threatened physical, psychological, or financial harm as a result of
 the commission or attempted commission of a crime or delinquent act or against
-whom the crime or delinquent act is  committed.  If  a victim is deceased,
+whom the crime or delinquent act is committed. If a victim is deceased,
-incompetent,  incapacitated,  or  a minor,  the victim's spouse, parent,
+incompetent, incapacitated, or a minor, the victim's spouse, parent,
-grandparent, child, sibling, grandchild, or guardian, and any person  with  a
+grandparent, child, sibling, grandchild, or guardian, and any person with a
-relationship  to  the  victim  that  is  substantially  similar  to  a  listed
+relationship to the victim that is substantially similar to a listed
 relationship, may also exercise these rights. The term "victim" does not include
 the accused or a person whom the court finds would not act in the best interests