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HI HB1144

Bill

Status

Introduced

1/29/2015

Primary Sponsor

Gregg Takayama

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Proposes a constitutional amendment to Article I of the Hawaii State Constitution to establish a "Marsy's Law" provision guaranteeing specific rights for crime victims and surviving immediate family members.

  • Grants victims 13 enumerated rights including courteous treatment, protection from threats, notification of court proceedings, opportunity to be present and heard at sentencing, speedy trial, restitution, and notification of offender release or custody changes.

  • Establishes enforcement mechanisms allowing crime victims, their representatives, and the State attorney to assert victims' rights in circuit or appellate court, with the court required to act promptly on such assertions.

  • Clarifies that victims' rights do not supersede constitutional rights of the accused and creates no cause of action against the State or counties for violations.

  • Requires a ballot question asking voters whether to amend the Constitution to provide crime victims these specified rights, with the amendment taking effect upon compliance with Article XVII, Section 3 of the Hawaii Constitution.

Legislative Description

Constitutional Amendment; Rights of Victims of Crime (ConAm)

Last Action

The committee(s) on JUD recommend(s) that the measure be deferred.

2/19/2015

Committee Referrals

Judiciary2/2/2015

Full Bill Text

No bill text available