House Bill 1144, House Draft 1, was voted out of its first committee on Wednesday and appears to be the victims’-rights legislation with the best chance of passage.
The surviving version in the other chamber, Senate Bill 3034, raised more concerns from Attorney General Doug Chin than the House bill.
Among them: “SB 3034 does not limit the constitutional rights for victims such that they do not supersede the constitutional rights of the defendant,” Chin said in prepared testimony. “There may be a problem when the constitutional rights of the victim come into direct conflict with the constitutional rights of the defendant.”
In order for some form of the proposed amendment to get on the ballot, a bill must pass with a two-thirds vote in each chamber and be signed by the governor. Then it must be ratified by the electorate — a simple-majority vote, but with blank ballots counted as “no” votes.
HB 1144 proposes rights for victims:
>> To be reasonably protected from the accused.
>> To reasonable, accurate and timely notice of any proceeding involving the crime.
>> To be reasonably heard at, and not be excluded from, any such public court proceeding (Exception: if the court finds the victim’s testimony would be affected by hearing other testimony.)
>> To the reasonable right to confer with the state attorney in the case.
>> To restitution as provided in law.
>> To proceedings free from unreasonable delay.
>> To be treated fairly and with respect for their dignity and privacy.
>> To be informed in a timely manner of any plea bargain, deferred prosecution agreement or final disposition.
>> To be informed of these rights and available services.
