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HI HB1144
Bill
Status
1/29/2015
Primary Sponsor
Gregg Takayama
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AI Summary
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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.
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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.
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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.
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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.
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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