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CSHJR 43(JUD): Proposing amendments to the Constitution of the State of Alaska relating to penal administration and to the rights of crime victims.

00CS FOR HOUSE JOINT RESOLUTION NO. 43(JUD) 01 Proposing amendments to the Constitution of the State of Alaska relating to penal 02 administration and to the rights of crime victims. 03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. Article I, sec. 12, Constitution of the State of Alaska, is amended to read: 05  SECTION 12. EXCESSIVE PUNISHMENT. Excessive bail shall not be 06 required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 07 Penal administration shall be based [ON THE PRINCIPLE OF REFORMATION 08 AND] upon the following in the order provided: the need for protecting the public, 09 community condemnation of the offender, and the principle of reformation. 10 * Sec. 2. Article I, Constitution of the State of Alaska, is amended by adding a new 11 section to read: 12  SECTION 24. RIGHTS OF CRIME VICTIMS. To preserve and protect 13 victims' rights to justice and due process, a victim of crime shall have the right to be 14 reasonably protected from the accused, to confer with the prosecution, and to be

01 treated with dignity, respect, and fairness during all phases of the criminal justice 02 process. A victim of crime shall be entitled to the right to timely disposition of the 03 case following the arrest of the accused, to restitution from the accused, to be informed 04 of and present at all criminal or juvenile proceedings where the accused has the right 05 to be present, to be heard, upon request, at sentencing and at any proceeding where the 06 accused's release from custody is considered, and the right to be informed, upon 07 request, of the accused's escape or release from custody. 08 * Sec. 3. The amendments proposed by this resolution shall be placed before the voters of 09 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 10 State of Alaska, and the election laws of the state.