L.D.1168. Resolution, Proposing An Amendment To The Constitution Of Maine To Establish A Victims' Bill Of Rights

Maine Senate
Last action 10 months ago
Polls (open):

Summary

                    Commonly known as Marsy’s Law for Maine.

Constitutional amendment. Resolved: Two thirds of each branch of the Legislature concurring, that the following amendment to the Constitution of Maine be proposed:

Constitution, Art. I, §6-B is enacted to read:

Section 6-B. Victims' bill of rights

1. Victims' rights. To preserve and protect victims' rights to justice and due process, a victim of crime or juvenile crime has the following rights:

A. To be treated with fairness and dignity and with respect for the victim's safety and privacy throughout the criminal justice process; B. To be informed, upon request, when the accused is released from custody or has escaped; C. To be present at and, upon request, to reasonable and timely notice of all public proceedings involving the criminal or juvenile criminal conduct; D. To be heard at any public proceeding involving a release, a plea or sentencing, disposition or parole and any other proceeding at which a right of the victim is implicated; E. To refuse an interview, deposition or other discovery request by the accused, the accused's attorney or another person acting on behalf of the accused; F. To confer with the prosecution regarding the rights of the victim pursuant to this section; G. To read presentence reports relating to the crime against the victim; H. To receive prompt and full restitution; I. To proceedings free from unreasonable delay and a prompt conclusion of the case; and J. To be informed of victims' constitutional rights.
                
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                    2. Victim defined. "Victim" means a person against whom a crime or juvenile crime has been committed or a person who is directly and proximately harmed by the commission of the offense or crime. "Victim" does not include the accused or, if the victim is deceased or incapacitated or a minor, a person who the court finds would not act in the best interests of that victim.

3. Right of victim to assert rights and have rights enforced. The victim, the victim's attorney or another lawful representative of the victim, or, upon request of the victim, the attorney for the government, may assert in any trial or appellate court or before any other authority with jurisdiction over the case and have enforced the rights enumerated in this section and any other rights afforded by law.

4. Remedy for and effect of exercise of rights. The court or other authority with jurisdiction over a case to whom a request is made pursuant to subsection 3 shall act promptly on the request and shall protect the rights of the victim no less vigorously than the court or other authority protects the rights afforded to the accused and shall provide the victim a remedy, including, but not limited to, the right to appeal a sentence, but not including the dismissal of any criminal proceeding or setting aside of any conviction or sentence.

This subsection does not create a cause of action for compensation or damages against the State or a political subdivision of the State or any officer, employee or agent of the State or a political subdivision of the State, including the court or an officer or employee of the court.

5. Other rights not impaired. The enumeration in the Constitution of certain rights for victims may not be construed to deny or disparage others granted.
                

In an effort to be an unbiased source of information, all text in this summary comes directly from government resources.

Actions

  • CARRIED OVER to any Special or Regular Session of the 128th Legislature pursuant to Joint Order HP 1138.

    Tue, Aug 1st 2017
  • Carried over to any special or regular session, or both, of the 128th Legislature pursuant to Joint Order HP 1138.

    Tue, Aug 1st 2017
  • Speaker laid before the House

    Mon, Mar 27th 2017
  • Subsequently, the RESOLUTION was REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY.

    Mon, Mar 27th 2017
  • In concurrence. ORDERED SENT FORTHWITH.

    Mon, Mar 27th 2017
  • Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY suggested and ordered printed REFERENCE to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY Ordered sent down forthwith for concurrence

    Wed, Mar 22nd 2017
  • On motion of Representative HERBIG of Belfast, TABLED pending REFERENCE in concurrence.

    Wed, Mar 22nd 2017
  • Later today assigned.

    Wed, Mar 22nd 2017