House Concurrent Resolution 35

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE CERTAIN RIGHTS TO VICTIMS THROUGHOUT THE CRIMINAL AND JUVENILE JUSTICE SYSTEMS.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

Amend the Mississippi Constitution of 1890 by creating a new section to read as follows:

"Section . (1) The following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:

(a) "Victim" means any person against whom the criminal offense or delinquent act is committed or who is directly harmed by the commission of the offense or act. The term "victim" does not include the accused or a person whom the court finds would not act in the best interests of a deceased, incompetent, minor, or incapacitated victim.

(b) "Criminal offense" means conduct that gives a law enforcement officer or a prosecutor probable cause to believe that a person has committed either (i) a felony, or (ii) any misdemeanor involving physical injury or the threat of physical injury, a sexual offense, any offense involving spousal or domestic abuse, or any offense against a child.

(2) To preserve and protect justice and due process for victims throughout the criminal and juvenile justice systems, a victim shall have the following rights that shall be protected in a manner no less vigorous than the rights afforded to the accused:

(a) To be treated with fairness and respect for the victim's safety, dignity, and privacy;

(b) Upon request, to reasonable and timely notice of and to be present at all public proceedings involving the accused or the accused's delinquent conduct;

(c) To be heard in any public proceeding involving the accused's bail or other release or the entry of a plea, sentencing, or restitution proceeding, or any parole proceeding or hearing;

(d) To reasonable protection from the accused or any person acting on behalf of the accused;

(e) Upon request, to reasonable notice of any release or escape of the accused;

(f) To refuse an interview, deposition, or other discovery request made by the accused or any person acting on behalf of the accused;

(g) To full and timely restitution;

(h) To proceedings that are free from unreasonable delay and a prompt conclusion of the case;

(i) Upon request, to reasonably confer with the attorney for the government; and

(j) To be informed of all rights enumerated in this section.

(3) The victim, the victim's attorney or other lawful representative, or the attorney for the government upon request of the victim, 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 right afforded to the victim by law.

The court or other authority with jurisdiction shall act promptly on such a request. Nothing in this section shall afford the victim party status, or be construed as altering the presumption of innocence in the criminal justice system.

The rights of the victim in this section do not include the authority to direct the prosecution of the case or to obtain confidential juvenile records.

This section does not create any cause of action for compensation or damages against the state, any political subdivision of the state, any officer, employee, or agent of the state or of any of its political subdivisions, or any officer or employee of the court.

Law enforcement officers who become victims of crime in the course of performing their public duties are entitled to same rights as other victims of crime; however, their identity and the circumstances of the crime may continue to be disclosed as otherwise required by law.

(4) This section, being capable of protection without denying the constitutional rights of the accused, is not intended and may not be interpreted to supersede a defendant's federal constitutional rights."

BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2020, as provided by Section 273 of the Constitution and by general law.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment provides certain rights for victims throughout the criminal and juvenile justice systems."