S 86 Session 112 (1997-1998)
S 0086 General Bill, By McConnell
Similar(S 75)
A BILL TO RATIFY AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH
CAROLINA, 1895, SO AS TO ADD SECTION 24, PROVIDING FOR THE VICTIM'S BILL OF
RIGHTS, AND TO RATIFY AN AMENDMENT TO SECTION 15, ARTICLE I OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, 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-113
01/14/97 Senate Referred to Committee on Judiciary SJ-113
A BILL
TO RATIFY AN AMENDMENT TO ARTICLE I OF THE
CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO ADD
SECTION 24, PROVIDING FOR THE "VICTIMS' BILL OF
RIGHTS"; AND TO RATIFY AN AMENDMENT TO SECTION
15, ARTICLE I OF THE CONSTITUTION OF SOUTH
CAROLINA, 1895, 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:
SECTION 1. The amendment 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 at 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 Article X
is amended by adding:
"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."
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 at 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, Article X 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."
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