S*75 Session 112 (1997-1998)
S*0075(Rat #0268, Act #0259 of 1998) General Bill, By Drummond and Holland
Similar(S 86)
A BILL TO RATIFY AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH
CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, SO AS TO PROVIDE FOR
THE "VICTIM'S BILL OF RIGHTS" BY ADDING SECTION 24; AND ALSO TO RATIFY AN
AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT
OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO
PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.
01/14/97 Senate Introduced and read first time SJ-109
01/14/97 Senate Referred to Committee on Judiciary SJ-109
04/15/97 Senate Committee report: Favorable Judiciary SJ-13
04/15/97 Senate Retaining place on calendar recommitted to
Committee on Judiciary SJ-13
04/29/97 Senate Recalled from Committee on Judiciary SJ-25
04/29/97 Senate Read second time SJ-25
04/29/97 Senate Ordered to third reading with notice of
amendments SJ-25
04/30/97 Senate Read third time and sent to House SJ-24
05/01/97 House Introduced and read first time HJ-7
05/01/97 House Referred to Committee on Judiciary HJ-7
05/28/97 House Committee report: Favorable Judiciary HJ-2
05/29/97 House Debate adjourned until Tuesday, January 13, 1998 HJ-30
01/13/98 House Debate adjourned until Wednesday, January 14,
1998 HJ-64
01/14/98 House Debate adjourned until Thursday, January 15, 1998 HJ-10
01/15/98 House Debate adjourned until Tuesday, January 20, 1998 HJ-10
01/20/98 House Read second time HJ-16
01/21/98 House Read third time and enrolled HJ-14
02/17/98 Ratified R 268
02/17/98 No signature required
02/17/98 No effective date
03/09/98 Copies available
04/01/98 Act No. 259
(A259, R268, S75)
AN ACT TO RATIFY AN AMENDMENT TO ARTICLE I OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE
DECLARATION OF RIGHTS, SO AS TO PROVIDE FOR THE
VICTIM'S BILL OF RIGHTS BY ADDING SECTION 24; AND ALSO
TO RATIFY AN AMENDMENT TO SECTION 15, ARTICLE I OF
THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL,
CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF
WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED
TO PERSONS CHARGED WITH VIOLENT OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
Victim's Bill of Rights
SECTION 1. The amendment adding Section 24 to Article I of the
Constitution of South Carolina, 1895, prepared under the terms of a joint
resolution of 1996, bearing ratification number 451, having been
submitted to the qualified electors of the general election of 1996 as
prescribed in Section 1, Article XVI of the Constitution of South
Carolina, 1895, and a favorable vote having been received on the
amendment, is ratified and declared to be a part of the Constitution so that
Section 24 as added to Article I reads:
"Section 24. (A) To preserve and protect victims' rights to justice and
due process regardless of race, sex, age, religion, or economic status,
victims of crime have the right to:
(1) be treated with fairness, respect, and dignity, and to be free from
intimidation, harassment, or abuse, throughout the criminal and juvenile
justice process, and informed of the victim's constitutional rights,
provided by statute;
(2) be reasonably informed when the accused or convicted person
is arrested, released from custody, or has escaped;
(3) be informed of and present at any criminal proceedings which
are dispositive of the charges where the defendant has the right to be
present;
(4) be reasonably informed of and be allowed to submit either a
written or oral statement at all hearings affecting bond or bail;
(5) be heard at any proceeding involving a post-arrest release
decision, a plea, or sentencing;
(6) be reasonably protected from the accused or persons acting on
his behalf throughout the criminal justice process;
(7) confer with the prosecution, after the crime against the victim
has been charged, before the trial or before any disposition and informed
of the disposition;
(8) have reasonable access after the conclusion of the criminal
investigation to all documents relating to the crime against the victim
before trial;
(9) receive prompt and full restitution from the person or persons
convicted of the criminal conduct that caused the victim's loss or injury,
including both adult and juvenile offenders;
(10) be informed of any proceeding when any post-conviction action
is being considered, and be present at any post-conviction hearing
involving a post-conviction release decision;
(11) a reasonable disposition and prompt and final conclusion of the
case;
(12) have all rules governing criminal procedure and the
admissibility of evidence in all criminal proceedings protect victims'
rights and have these rules subject to amendment or repeal by the
legislature to ensure protection of these rights.
(B) Nothing in this section creates a civil cause of action on behalf of
any person against any public employee, public agency, the State, or any
agency responsible for the enforcement of rights and provision of services
contained in this section. The rights created in this section may be subject
to a writ of mandamus, to be issued by any justice of the Supreme Court
or circuit court judge to require compliance by any public employee,
public agency, the State, or any agency responsible for the enforcement
of the rights and provisions of these services contained in this section, and
a wilful failure to comply with a writ of mandamus is punishable as
contempt.
(C) For purposes of this section:
(1) A victim's exercise of any right granted by this section is not
grounds for dismissing any criminal proceeding or setting aside any
conviction or sentence.
(2) 'Victim' means a person who suffers direct or threatened
physical, psychological, or financial harm as the result of the commission
or attempted commission of a crime against him. The term 'victim' also
includes the person's spouse, parent, child, or lawful representative of a
crime victim who is deceased, who is a minor or who is incompetent or
who was a homicide victim or who is physically or psychologically
incapacitated.
(3) The General Assembly has 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.
(4) The enumeration in the Constitution of certain rights for victims
shall not be construed to deny or disparage others granted by the General
Assembly or retained by victims."
Denial of bail
SECTION 2. The amendment to Section 15, Article I of the
Constitution of South Carolina, 1895, prepared under the terms of a joint
resolution of 1996, bearing ratification number 451, having been
submitted to the qualified electors of the general election of 1996 as
prescribed in Section 1, Article XVI of the Constitution of South
Carolina, 1895, and a favorable vote having been received on the
amendment, is ratified and declared to be a part of the Constitution so that
Section 15 of Article I is amended to read:
"Section 15. All persons shall be, before conviction, bailable by
sufficient sureties, but bail may be denied to persons charged with capital
offenses or offenses punishable by life imprisonment, or with violent
offenses defined by the General Assembly, giving due weight to the
evidence and to the nature and circumstances of the event. Excessive bail
shall not be required, nor shall excessive fines be imposed, nor shall cruel,
nor corporal, nor unusual punishment be inflicted, nor shall witnesses be
unreasonably detained."
Ratified the 17th day of February, 1998. |