Loading chat...
AR HJR1009
Joint Resolution
Status
5/5/2025
Primary Sponsor
Karilyn Brown
Click for details
AI Summary
-
Proposes a constitutional amendment establishing the "Arkansas Victims' Bill of Rights" to be submitted to voters at the next general election, with an effective date of January 1, 2027
-
Defines "victim" as any individual directly harmed by a misdemeanor or felony offense, including legal guardians, family members, or court-appointed representatives for victims who are minors, incompetent, incapacitated, or deceased
-
Grants victims 16 enumerated rights including: fair treatment and protection from intimidation, consideration of victim safety in bail decisions, right to refuse interviews/depositions, reasonable notice of and presence at public proceedings, right to be heard at sentencing and release hearings, full and timely restitution, and notification of defendant's release or escape
-
Gives victims standing to assert these rights in court and requires courts to promptly rule on victim requests, while explicitly stating defendants cannot assert victim rights and victims do not have party status in criminal proceedings
-
Prohibits lawsuits against the state for damages based on rights violations, though individuals may sue to compel public officials to perform required duties; violations cannot be used to overturn convictions
Legislative Description
An Amendment To The Arkansas Constitution To Be Known As The Arkansas Victims' Bill Of Rights; And To Provide Rights For Victims Of Misdemeanor And Felony Offenses, Including Victims In The Adult And Juvenile Justice Systems.
Last Action
Died in House Committee at Sine Die adjournment.
5/5/2025