RESULT OF "YES" VOTE: "Yes" vote limits pretrial release of persons accused of violent felonies to protect victims, public.RESULT OF "NO" VOTE: "No" vote leaves current Oregon statutory pretrial release and constitutional bail provisions unchanged.
SUMMARY: Amends Constitution. Grants victims right to reasonable protection from accused person or convicted criminal throughout criminal justice process, and from alleged youth offender or youth offender throughout juvenile delinquency process. Prosecuting attorney is the person authorized to assert rights of victims and public. Pretrial release in criminal cases must be based on reasonable protection of victims and public as well as likelihood accused person will appear for trial. Makes violent felonies not bailable when court finds probable cause to believe accused person committed crime, and danger exists of physical injury or sexual victimization to victims or public if accused person released before trial.
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 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 proceedings, the following rights are hereby
granted to victims in all prosecutions for crimes:
(a) The right to be reasonably protected from
the criminal defendant or the convicted criminal throughout the criminal
justice process and from the alleged youth offender or youth offender throughout
the juvenile delinquency proceedings.
(b) The right to have decisions by the court
regarding the pretrial release of a criminal defendant based upon the principle
of reasonable protection of the victim and the public, as well as the likelihood
that the criminal defendant will appear for trial. Murder, aggravated murder
and treason shall not be bailable when the proof is evident or the presumption
strong that the person is guilty. Other violent felonies shall not be bailable
when a court has determined there is probable cause to believe the criminal
defendant committed the crime, and the court finds, by clear and convincing
evidence, that there is danger of physical injury or sexual victimization
to the victim or members of the public by the criminal defendant while
on release.
(2) This section applies to proceedings pending
or commenced on or after the effective date of this section. Nothing in
this section abridges any right of the criminal defendant guaranteed by
the Constitution of the United States, including the rights to be represented
by counsel, have counsel appointed if indigent, testify, present witnesses,
cross-examine witnesses or present information at the release hearing.
Nothing in this section creates 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 proceeding at any point after the
case is commenced or on appeal. Except as otherwise specifically provided,
this section supersedes any conflicting section of this Constitution.
(3) As used in this section:
(a) "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 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.
(b) "Violent felony" means a felony in which
there was actual or threatened serious physical injury to a victim or a
felony sexual offense.
(4) The prosecuting attorney is the party authorized
to assert the rights of the victim and the public established by this section.
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.
This measure requires that a court consider the reasonable protection of the victim and public when deciding whether to release the accused person prior to trial. This measure would prohibit the pretrial release of persons accused of violent felonies if the court determines that:
1. It is more likely than not that the person committed the act the person is accused of committing; and
2. There is clear and convincing evidence that the person poses a danger of physical injury or sexual victimization to others if the person is released.
Under current constitutional provisions, other than for charges of aggravated murder, murder or treason, the primary consideration in pretrial release decisions is the risk of the accused person not appearing rather than the safety of the victim or the public.
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