SCS CSHJR 43(JUD): Proposing amendments to the Constitution of the State of Alaska relating to the rights of victims of crimes and to criminal administration.
00SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 43(JUD) 01 Proposing amendments to the Constitution of the State of Alaska relating to the 02 rights of victims of crimes and to criminal administration. 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. CRIMINAL ADMINISTRATION [EXCESSIVE 06 PUNISHMENT]. Excessive bail shall not be required, nor excessive fines imposed, 07 nor cruel and unusual punishments inflicted. Criminal [PENAL] administration shall 08 be based [ON THE PRINCIPLE OF REFORMATION AND] upon the following in 09 the order provided: the need for protecting the public, community condemnation 10 of the offender, the rights of victims of crimes, restitution from the offender, and 11 the principle of reformation. 12 * Sec. 2. Article I, Constitution of the State of Alaska, is amended by adding a new section 13 to read: 14 SECTION 24. RIGHTS OF CRIME VICTIMS. Crime victims, as defined by
01 law, shall have the following rights as provided by law: the right to be reasonably 02 protected from the accused through the imposition of appropriate bail or conditions of 03 release by the court; the right to confer with the prosecution; the right to be treated 04 with dignity, respect, and fairness during all phases of the criminal and juvenile justice 05 process; the right to timely disposition of the case following the arrest of the accused; 06 the right to obtain information about and be allowed to be present at all criminal or 07 juvenile proceedings where the accused has the right to be present; the right to be 08 allowed to be heard, upon request, at sentencing, before or after conviction or juvenile 09 adjudication, and at any proceeding where the accused's release from custody is 10 considered; the right to restitution from the accused; and the right to be informed, upon 11 request, of the accused's escape or release from custody before or after conviction or 12 juvenile adjudication. 13 * Sec. 3. The amendments proposed by this resolution shall be placed before the voters of 14 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 15 State of Alaska, and the election laws of the state.