GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 2
HOUSE BILL 551
Committee Substitute Favorable 4/26/17
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Short Title: Strengthening Victims' Rights. |
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Sponsors: |
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Referred to: |
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April 5, 2017
A BILL TO BE ENTITLED
AN ACT to amend the law and constitution of north carolina to provide better protections and safeguards to victims.
The General Assembly of North Carolina enacts:
SECTION 1. Section 37 of Article I of the North Carolina Constitution reads as rewritten:
"Sec. 37. Rights of victims of crime.
(1) Basic rights. Victims of
crime, as prescribed by law,crime and delinquent acts shall be
entitled to the following basic rights:
(a) The right as
prescribed by law to be informed of and to be present at court proceedings of
the accused.right, upon request, to reasonable and timely notice of all
criminal and juvenile proceedings.
(b) The right to be heard
at sentencing of the accused in a manner prescribed by law, and at other times
as prescribed by law or deemed appropriate by the court.present at criminal and juvenile proceedings of the
defendant.
(b1) The right to be heard, when the victim is present, at any proceeding involving a plea, sentencing, parole, release of the defendant, and any proceeding in which the victim's rights are implicated, except for the defendant's initial appearance.
(c) The right as
prescribed by law to receive restitution.full and timely
restitution from the defendant.
(d) The right as prescribed
by law to be given information about the crime, how the criminal justice
system works, the rights of victims, and the availability of services for
victims.
(e) The right as
prescribed by law to receive information about the conviction or final
disposition and sentence of the accused.
(f) The right as
prescribed by lawright, upon request, to receive notification of
escape, release, proposed parole or pardon of the accused,defendant,
or notice of a reprieve or commutation of the accused'sthe defendant's
sentence.
(g) The right as
prescribed by law to present their views and concerns to the Governor or
agency considering any action that could result in the release of the accused,defendant,
prior to such action becoming effective.
(h) The right as prescribed
by law to confer with the prosecution.
(i) The right to be reasonably protected from the defendant.
(j) The right to proceedings free from unreasonable delay and a prompt conclusion to the case.
(k) The right to be treated with fairness and respect for the victim's dignity and privacy. Nothing in this section shall affect the State's discovery obligations.
(1a) The victim, the victim's next of kin, the victim's attorney, or other lawful representative, 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 other right afforded to the victim by law in any trial or appellate court, or before any other authority, with jurisdiction over the case. The court or other authority with jurisdiction shall act promptly on a request. If the matter involves an allegation that the District Attorney failed to comply with the rights of a victim when obligated to so do by law, the victim must first afford the District Attorney with jurisdiction over the criminal action an opportunity to resolve any issue in a timely manner. The victim does not have party status. The court shall not appoint an attorney for the victim under this section. Nothing in this section shall be construed to alter the powers and responsibilities of the District Attorney.
(1b) As used in this section, a "victim" includes any person directly harmed by the commission of a felony, sexual offense, domestic criminal trespass, stalking, violation of a protective order, or any offense where assault or threat is an element, or a person against whom such an offense is committed. The term "victim" does not include the accused or a person whom the court finds would not act in the best interests of a victim that is deceased, incompetent, incapacitated, or a minor.
(1c) Nothing in this section shall be construed to authorize a collateral civil cause of action.
(2) No money damages;
other enforcement.damages. Nothing in this section shall be
construed as creating a claim for money damages against the State, a county, a
municipality, or any of the agencies, instrumentalities, officers, or
employees thereof. The General Assembly may provide for other remedies to
ensure adequate enforcement of this section.
(3) No ground for relief in criminal case. The failure or inability of any person to provide a right or service provided under this section may not be used by a defendant in a criminal case, an inmate, or any other accused as a ground for relief in any trial, appeal, postconviction litigation, habeas corpus, civil action, or any similar criminal or civil proceeding."
SECTION 2. The amendment set out in Section 1 of this act shall be submitted to the qualified voters of the State at the primary election in May 2018, which election shall be conducted under the laws then governing elections in the State. Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes. The question to be used in the voting systems and ballots shall be:
"[ ] FOR [ ] AGAINST
Constitutional amendment to strengthen protections for victims of crime, to establish certain, absolute basic rights for victims, and to ensure the enforcement of these rights."
SECTION 3. If a majority of the votes cast on the question are in favor of the amendment set out in Section 1 of this act, the State Board of Elections shall certify the amendment to the Secretary of State, who shall enroll the amendment so certified among the permanent records of that office. The amendment becomes effective January 1, 2019.
SECTION 4. This act becomes effective January 1, 2019.