SB 15 - Establishes Crime Victims' Bill of Rights - Kentucky Key Vote

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Title: Establishes Crime Victims' Bill of Rights

Vote Smart's Synopsis:

Vote to pass a bill that establishes a constitutional amendment establishing a crime victims' bill of rights.

Highlights:

 

  • Requires the following rights to be respected and protected by law in a manner no less vigorous than the protections afforded to the accused in the criminal justice and juvenile justice systems (Sec. 2):

    • Victims must have the reasonable right, upon request, to timely notice of all proceedings and to be heard in any proceeding involving a release, plea, sentencing, or in the consideration of a pardon, communication of sentence, granting of a reprieve, or other matter involving the right of a victim, other than grand jury proceedings; 

    • The right to be present at the trial and all other proceedings, other than grand jury proceedings, on the same basis as the accused; 

    • The right to proceedings free from unreasonable delay; 

    • The right to consult with the state attorney or attorney’s designee; 

    • The right to reasonable protection from the accused and those acting on behalf of the accused throughout the criminal and juvenile justice process; 

    • The right to timely notice, upon request, of release or escape of the accused; 

    • The right to have the safety of the victim and the victim’s family considered in setting bail, determining whether to release the defendant and setting conditions of release after arrest and conviction; 

    • The right to full restitution to be paid by the convicted or adjudicated party in a manner to be determined by the court, except that in the case of a juvenile offender the court must determine the amount and manner of paying the restitution taking into consideration the best interest of the juvenile offender and the victim; 

    • The right to fairness and due consideration of the crime victim’s safety, dignity, and privacy; and

    • The right to be informed of these enumerate rights and have the standing to assert these rights.

NOTE: AN AMENDMENT TO THE CONSTITUTION REQUIRES THREE-FIFTHS APPROVAL IN EACH CHAMBER FOR PASSAGE. IT MUST THEN BE APPROVED BY A MAJORITY OF CITIZENS VOTING IN THE NEXT ELECTION TO BECOME ENACTED.

Title: Establishes Crime Victims' Bill of Rights

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