Georgia House of Representatives - 1995/1996 Sessions

HR 1 - Crime victims' rights; Gen Assem enforce by gen law - CA

Page Numbers - 1/ 2

1. Buckner  95th          2. Lee  94th               3. Bailey  93rd
4. Smith  175th           5. Perry  11th             6. Kinnamon  4th


House Comm: Judy       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/13/95  Read 1st Time                                                                
              1/23/95  Read 2nd Time                                                                
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Code Sections amended:                                                                              


HR 1                                               LC 9 7905






                             A RESOLUTION

  1- 1  Proposing an amendment to the Constitution so as to provide
  1- 2  that crime victims shall have certain rights, as provided by
  1- 3  law; to authorize the General Assembly to provide by general
  1- 4  law for the enforcement of crime victims' rights; to provide
  1- 5  for the submission of this amendment for ratification or
  1- 6  rejection; and for other purposes.

  1- 7       BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 8  Article I, Section I of the Constitution is amended by
  1- 9  redesignating Paragraph XXVIII as Paragraph XXIX and
  1-10  inserting a new Paragraph XXVIII to read as follows:

  1-11      "Paragraph XXVIII.  Crime victims. (a) Crime victims, as
  1-12    defined by law, shall have the following rights, as
  1-13    provided by law:

  1-14        (1) The right to be treated with fairness and respect
  1-15      for their dignity and privacy throughout the criminal
  1-16      justice process;

  1-17        (2) The right to timely disposition of the case
  1-18      following arrest of the accused;

  1-19        (3) The right to be reasonably protected from the
  1-20      accused throughout the criminal justice process;

  1-21        (4) The right to notification of court proceedings;

  1-22        (5) The right to attend trial and all other court
  1-23      proceedings the accused has the right to attend;

  1-24        (6) The right to confer with the prosecution;

  1-25        (7) The right to make a statement to the court at
  1-26      sentencing;

  1-27        (8) The right to restitution from the person convicted
  1-28      of the crime;

  1-29        (9) The right to information about the conviction,
  1-30      sentence, imprisonment, and release of the accused; and




                                 -1- (Index)

                                                   LC 9 7905

  2- 1        (10) The right to be notified of and be heard at any
  2- 2      proceeding involving a post-arrest release decision, a
  2- 3      negotiated plea, sentencing, parole, or a pardon.

  2- 4      (b) The General Assembly may provide by law for the
  2- 5    enforcement of this Paragraph.

  2- 6      (c) The General Assembly may provide for an assessment
  2- 7    against convicted defendants to pay for crime victims'
  2- 8    rights."

                         SECTION 2.

  2- 9  The above proposed amendment to the Constitution shall be
  2-10  published and submitted as provided in Article X, Section I,
  2-11  Paragraph II of the Constitution.

  2-12  The ballot submitting the above proposed amendment shall
  2-13  have written or printed thereon the following:

  2-14    "(  ) YES Shall the Constitution be amended so as to
  2-15              provide for certain legal rights, as provided
  2-16     (  ) NO  by law, for the victims of crime, including
  2-17              notification, consultation, protection,
  2-18              restitution, and participation in the judicial
  2-19              process?"

  2-20  All persons desiring to vote in favor of ratifying the
  2-21  proposed amendment shall vote "Yes."  All persons desiring
  2-22  to vote against ratifying the proposed amendment shall vote
  2-23  "No."

  2-24  If such amendment shall be ratified as provided in said
  2-25  Paragraph of the Constitution, it shall become a part of the
  2-26  Constitution of this state.

















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