Article 2 Section 2.1 - Victims' bill of rights
<!Creation Date: 15/20/95>
<!Author: Marc Chepeus>
2.1. Victims' bill of rights
Section 2.1. (A) To preserve and protect victims' rights to
justice and due process, a victim of crime has a right:
1. To be treated with fairness, respect, and dignity, and to be free
from intimidation, harassment, or abuse, throughout the criminal justice
2. To be informed, upon request, when the accused or convicted person
is released from custody or has escaped.
3. To be present at and, upon request, to be informed of all criminal
proceedings where the defendant has the right to be present.
4. To be heard at any proceeding involving a post-arrest release
decision, a negotiated plea, and sentencing.
5. To refuse an interview, deposition, or other discovery request by
the defendant, the defendant's attorney, or other person acting on behalf of
6. To confer with the prosecution, after the crime against the victim
has been charged, before trial or before any disposition of the case and to be
informed of the disposition.
7. To read pre-sentence reports relating to the crime against the
victim when they are available to the defendant.
8. To receive prompt restitution from the person or persons convicted
of the criminal conduct that caused the victim's loss or injury.
9. To be heard at any proceeding when any post-conviction release from
confinement is being considered.
10. To a speedy trial or disposition and prompt and final conclusion of
the case after the conviction and sentence.
11. To have all rules governing criminal procedure and the
admissibility of evidence in all criminal proceedings protect victims' rights
and to have these rules be subject to amendment or repeal by the legislature
to ensure the protection of these rights.
12. To be informed of victims' constitutional rights.
(B) A victim's exercise of any right granted by this section shall not
be grounds for dismissing any criminal proceeding or setting aside any
conviction or sentence.
(C) "Victim" means a person against whom the criminal offense has been
committed or, if the person is killed or incapacitated, the person's spouse,
parent, child or other lawful representative, except if the person is in
custody for an offense or is the accused.
(D) The legislature, or the people by initiative or referendum, have
the authority to enact substantive and procedural laws to define, implement,
preserve and protect the rights guaranteed to victims by this section,
including the authority to extend any of these rights to juvenile proceedings.
(E) The enumeration in the constitution of certain rights for victims
shall not be construed to deny or disparage others granted by the legislature
or retained by victims.