Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to the Arkansas
                                                  Constitution.
 State of Arkansas                  As Engrossed:       S3/28/23
 94th General Assembly
 Regular Session, 2023                                                                          SJR 10
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 By: Senator D. Wallace
 By: Representative Wardlaw
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                              SENATE JOINT RESOLUTION
                AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO BE KNOWN
                AS THE VICTIM’S BILL OF RIGHTS; AND TO PROVIDE RIGHTS
                FOR VICTIMS OF VIOLENT AND SEXUAL CRIMINAL OFFENSES.
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                                              Subtitle
                         A CONSTITUTIONAL AMENDMENT TO BE KNOWN AS
                         THE VICTIM’S BILL OF RIGHTS; AND TO
                         PROVIDE RIGHTS FOR VICTIMS OF VIOLENT AND
                         SEXUAL CRIMINAL OFFENSES.
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 BE IT RESOLVED BY THE SENATE OF THE NINETY-FOURTH GENERAL ASSEMBLY OF THE
 STATE OF ARKANSAS, AND BY THE HOUSE OF REPRESENTATIVES, A MAJORITY OF ALL
 MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO:
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        THAT the following is proposed as an amendment to the Constitution of
 the State of Arkansas, and upon being submitted to the electors of the state
 for approval or rejection at the next general election for Representatives
 and Senators, if a majority of the electors voting thereon at the election
 adopt the amendment, the amendment shall become a part of the Constitution of
 the State of Arkansas, to wit:
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        SECTION 1.        The Arkansas Constitution is amended to add an additional
 amendment to read as follows:
        § 1.    Title.
        This amendment shall be known and may be cited as the “Victim’s Bill of
 Rights.”
     *MBM091*                                                                  03-28-2023 09:55:42 MBM091
     As Engrossed:       S3/28/23                                                      SJR10
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      § 2.     Victim’s rights
      (a)(1)      As used in this section, “victim” means a person:
                        (A)   Against whom a violent or sexual criminal offense is
 committed;
                        (B)(i)     Who is the representative of an individual against
 whom a violent or sexual criminal offense is committed.
                                 (ii)   Subdivision (a)(1)(B)(i) of this section
 includes without limitation a situation in which the court makes a finding
 that a victim under subdivision (a)(1)(A) of this section is incompetent or a
 minor and the representative of the victim is acting in the best interest of
 the victim; or
                        (C)   Who, if an individual is killed or incapacitated, is
 the individual’s spouse, parent, child, or other lawful representative,
 except if the individual is in custody for an offense or is the accused.
               (2)    “Victim” does not include:
                        (A)   The accused; or
                        (B)   An individual whom the court finds would not act in
 the best interests of a deceased, incompetent, minor, or incapacitated
 victim.
      (b)     To preserve and protect victims' rights to justice and due
 process, a victim has a right to:
               (1)    Be treated with fairness, respect, and dignity and to be
 free from intimidation, harassment, or abuse throughout the criminal justice
 process;
               (2)    Be informed, upon request, when the accused or convicted
 person is released from custody or has escaped;
               (3)    Be present at and, upon request, to be informed of all
 criminal proceedings in which the defendant has the right to be present;
               (4)(A)     Be heard after formal charges have been filed at any
 proceeding involving a post-arrest release decision, negotiated plea,
 disposition, or sentencing.
                        (B)   The court or other authority with jurisdiction shall
 act promptly on a request under subdivision (b)(4) of this section;
               (5)    Refuse an interview, a deposition, or the release of
 documents not found in the prosecuting attorney's or the court's file when
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     As Engrossed:       S3/28/23                                                      SJR10
 requested by the defendant, the defendant's attorney, or other person acting
 on behalf of the defendant;
               (6)(A)     Refuse the release of the home address of a victim to
 ensure the personal safety and security of the victim.
                        (B)    A release of information under subdivision (b)(6)(A)
 of this section under Rule 17.1 of the Arkansas Rules of Criminal Procedure
 may be made after a hearing and court ruling that:
                                (i)    The address must be released to ensure the needs
 of justice are met; and
                                (ii)   There is no reasonable alternative to the
 release of the victim’s home address;
               (7)    Confer with the prosecution at any point after the crime
 against the victim has been charged and to be informed of the final
 disposition;
               (8)    Read pre-sentence reports relating to the crime against the
 victim when they are available to the defendant;
               (9)    Receive restitution payment prior to the payment of court
 fines, costs, and fees from the person or persons convicted of the criminal
 conduct that caused the victim's loss or injury;
               (10)     Be heard at any proceeding when any post-conviction release
 from confinement is being considered;
               (11)(A)        A speedy trial and, after the conviction and sentence,
 to a prompt and final conclusion of the case.
                        (B)    The victim’s right to a speedy trial under subdivision
 (b)(11)(A) of this section does not give the victim standing in trial or pre-
 trial matters;
               (12)     Have all rules governing criminal procedure and the
 admissibility of evidence in all criminal proceedings protect victims'
 rights; and
               (13)     Be informed of the constitutional rights of a victim.
      (c)(1)      The exercise of any right granted to a victim by this section
 shall not be grounds for dismissing a criminal proceeding or setting aside a
 conviction or sentence.
               (2)    The enumeration in the Arkansas Constitution of certain
 rights for victims shall not be construed to deny or disparage other rights
 granted by the General Assembly or retained by victims.
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     As Engrossed:      S3/28/23                                                  SJR10
      (d)     This amendment does not create a cause of action for compensation
 or damages against:
              (1)    The State of Arkansas;
              (2)    A political subdivision of the State of Arkansas;
              (3)    An officer, employee, or agent of the State of Arkansas or
 of any of its political subdivisions;
              (4)    An officer or employee of the court; or
              (5)    An employees of a city attorney's office.
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      SECTION 2.      EFFECTIVE DATE.   This amendment is effective on and after
 January 1, 2025.
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      SECTION 3.      BALLOT TITLE AND POPULAR NAME.   When this proposed
 amendment is submitted to the electors of this state on the general election
 ballot:
              (1)    The title of this Joint Resolution shall be the ballot
 title; and
              (2)    The popular name shall be "A Constitutional Amendment To Be
 Known as the "Victim’s Bill of Rights" and to Provide Rights for Victims of
 Violent and Sexual Criminal Offenses”.
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                                    /s/D. Wallace
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