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HI HB1144

Bill

Status

Introduced

1/29/2015

Primary Sponsor

Gregg Takayama

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

H.B. 1144 - Constitutional Amendment: Rights of Victims of Crime

  • Proposes amendment to Article I of the Hawaii Constitution to establish "Marsy's Law," providing crime victims with specific constitutional protections throughout the criminal justice process.

  • Grants victims ten enumerated rights including protection from the accused, notice of proceedings, right to be present and heard, conferral with the prosecutor, restitution, and information about plea agreements and case dispositions.

  • Requires courts to ensure victims are afforded these rights and allows victims or the state attorney to assert them, while explicitly protecting the constitutional rights of the accused.

  • Defines "victim of crime" to include persons suffering direct, proximate or threatened physical, psychological or financial harm from a crime, including lawful representatives of minors, incapacitated or deceased victims.

  • Creates no cause of action against the state or counties and requires legislative implementation; amendment takes effect upon compliance with Article XVII, section 3 of the Hawaii Constitution.

Legislative Description

Constitutional Amendment; Rights of Victims of Crime (ConAm)

Last Action

Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) Nakashima, Thielen, Tokioka excused (3).

2/19/2016

Committee Referrals

Finance2/19/2016
Judiciary2/2/2015

Full Bill Text

No bill text available