GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	5 

SENATE BILL 6
Corrected Copy 1/27/95
Judiciary I/Constitution Committee Substitute Adopted 2/15/95
Fourth Edition Engrossed 2/15/95
House Committee Substitute Favorable 6/1/95

Short Title:  Victims' Rights Amendment.	(Public)

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Sponsors:

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Referred to:  

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January 26, 1995

A BILL TO BE ENTITLED
AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO ESTABLISH RIGHTS FOR VICTIMS OF CRIME.
The General Assembly of North Carolina enacts:
Section 1.  Article I of the Constitution of North Carolina is amended by adding a new section to read:
"Sec. 37.  Rights of victims of crime.
(1)	Crime victims or their lawful representatives, including the next of kin in the case of homicide, shall be entitled to certain basic rights as defined by law, including:
(a)	The right to be treated with fairness, respect, and dignity throughout the criminal justice process.
(b)	The right to be reasonably protected from the accused or any persons acting on the accused's behalf throughout the criminal justice process.
(c)	The right to be given information about the crime, how the criminal justice system works, the rights of victims, and the availability of services for victims.
(d)	The right to notification of court proceedings and notice of pretrial release of the accused.
(e)	The right to attend trial and all other court proceedings which the accused has a right to attend, unless there is a judicial determination to restrict crime victims' attendance.
(f)	The right to make a sworn statement to the court, either orally or in writing, in person or through counsel, at the time of sentencing prior to the adjudication of the sentence.
(g)	The right to receive restitution, in such manner as established by law.
(h)	The right to information about the conviction or final disposition and sentence of the accused.
(i)	The right to notification of escape, release, proposed parole or pardon of the accused, or notice of a reprieve or commutation of the accused's sentence.
(j)	The right to present their views and concerns to the Governor or agency considering any action that could result in the release of the accused, prior to such action becoming effective, in a manner established by law.
(k)	The right to confer with the prosecution.
(2)	The General Assembly may provide by law for the enforcement of the rights recognized in this section.  The General Assembly may also provide that a portion of the court costs assessed against convicted defendants shall be used to provide compensation for the victims of crime.
Nothing in this section shall be construed to create a further cause of action against the State of North Carolina, local governments, public officials, or their agents and employees, or a right to contest the disposition of any charge, or a right to court-appointed counsel to enforce any of these rights.
(3)	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."
Sec. 2.  The amendment set out in Section 1 of this act shall be submitted to the qualified voters of the State at an election to be held in November 1996, 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 adding Victims' Rights Amendment, giving crime victims basic rights to participate in the justice system".
Sec. 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.  The amendment becomes effective upon this certification.  The Secretary of State shall enroll the amendment so certified among the permanent records of that office.
Sec. 4.  This act is effective upon ratification.