RESULT OF "YES" VOTE: "Yes" vote grants victims specified constitutional rights in criminal prosecutions, juvenile court delinquency proceedings.RESULT OF "NO" VOTE: "No" vote leaves victims without specific constitutional rights in criminal prosecutions, juvenile court delinquency proceedings.
SUMMARY: Amends Constitution. Currently, Constitution does not grant specific rights to victims in criminal prosecutions or juvenile court delinquency proceedings, although there are statutory rights. Measure places specific victims' rights in Constitution, including the right to: be present at, and on request to advance notice of, open court proceedings when defendant will be present; be heard at pretrial release hearing, sentencing and juvenile court delinquency disposition; obtain information on request about conviction, sentence, imprisonment, criminal history and release of defendant or youth offender; prompt restitution from convicted criminal; refuse certain discovery requests; be consulted about certain plea negotiations; receive certain transcripts.
ESTIMATE OF FINANCIAL IMPACT: No financial effect on state or local government expenditures or revenues.
PARAGRAPH 1. The Constitution of the
State of Oregon is amended by creating a new section to be added to and
made a part of Article I, such section to read:
(1) To preserve and protect the right of crime
victims to justice, to ensure crime victims a meaningful role in the criminal
and juvenile justice systems, to accord crime victims due dignity and respect
and to ensure that criminal and juvenile court delinquency proceedings
are conducted to seek the truth as to the defendant's innocence or guilt,
and also to ensure that a fair balance is struck between the rights of
crime victims and the rights of criminal defendants in the course and conduct
of criminal and juvenile court delinquency proceedings, the following rights
are hereby granted to victims in all prosecutions for crimes and in juvenile
court delinquency proceedings:
(a) The right to be present at and, upon specific
request, to be informed in advance of any critical stage of the proceedings
held in open court when the defendant will be present, and to be heard
at the pretrial release hearing and the sentencing or juvenile court delinquency
disposition;
(b) The right, upon request, to obtain information
about the conviction, sentence, imprisonment, criminal history and future
release from physical custody of the criminal defendant or convicted criminal
and equivalent information regarding the alleged youth offender or youth
offender;
(c) The right to refuse an interview, deposition
or other discovery request by the criminal defendant or other person acting
on behalf of the criminal defendant provided, however, that nothing in
this paragraph shall restrict any other constitutional right of the defendant
to discovery against the state;
(d) The right to receive prompt restitution from
the convicted criminal who caused the victim's loss or injury;
(e) The right to have a copy of a transcript
of any court proceeding in open court, if one is otherwise prepared;
(f) The right to be consulted, upon request,
regarding plea negotiations involving any violent felony; and
(g) The right to be informed of these rights
as soon as practicable.
(2) This section applies to all criminal and
juvenile court delinquency proceedings pending or commenced on or after
the effective date of this section. Nothing in this section reduces a criminal
defendant's rights under the Constitution of the United States. Except
as otherwise specifically provided, this section supersedes any conflicting
section of this Constitution. Nothing in this section is intended to create
any cause of action for compensation or damages nor may this section be
used to invalidate an accusatory instrument, ruling of a court, conviction
or adjudication or otherwise suspend or terminate any criminal or juvenile
delinquency proceedings at any point after the case is commenced or on
appeal.
(3) As used in this section:
(a) "Convicted criminal" includes a youth offender
in juvenile court delinquency proceedings.
(b) "Criminal defendant" includes an alleged
youth offender in juvenile court delinquency proceedings.
(c) "Victim" means any person determined by the
prosecuting attorney to have suffered direct financial, psychological or
physical harm as a result of a crime and, in the case of a victim who is
a minor, the legal guardian of the minor. In the event that no person has
been determined to be a victim of the crime, the people of Oregon, represented
by the prosecuting attorney, are considered to be the victims. In no event
is it intended that the criminal defendant be considered the victim.
(d) "Violent felony" means a felony in which
there was actual or threatened serious physical injury to a victim or a
felony sexual offense.
PARAGRAPH 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at a special election held throughout this state on the date specified in section 2, chapter _____, Oregon Laws 1999 (Enrolled House Bill 2354).
NOTE: Boldfaced type indicates new language; [brackets and italic] type indicates deletions or comments.
1. The right to be informed of and present at certain stages of the proceedings and to speak at pretrial release hearings and at sentencing or disposition proceedings.
2. The right to obtain information about the person charged with or convicted of the crime or act of juvenile delinquency. The information includes information about the person's conviction, sentence, imprisonment, criminal history and future release from custody or similar information if the person is a juvenile.
3. The right to refuse an interview, deposition or other request for information by the person accused of committing the crime or act of juvenile delinquency.
4. The right to receive prompt payment from the criminal or youth offender for certain monetary damages caused by the criminal or youth offender's actions.
5. The right to have a copy of the transcript of court proceedings if one is otherwise prepared.
6. The right to be consulted about plea negotiations involving violent felonies.
7. The right to be informed of these rights as soon as practicable.
The rights granted by the measure will apply to all criminal and juvenile delinquency proceedings that are pending, or that begin, on or after the effective date of this measure.
Except as otherwise specifically provided, this measure
supersedes any conflicting section of the Oregon Constitution.
| Committee Members:
Senator Neil Bryant Representative Kevin Mannix Senator Kate Brown Representative Floyd Prozanski Representative Lane Shetterly |
Appointed By:
President of the Senate Speaker of the House Secretary of State Secretary of State Members of the Committee |
(This committee was appointed to provide an impartial explanation
of the ballot measure pursuant to
ORS 251.215.)
November 2, 1999 Special Election Voters' Pamphlet Table
of Contents