SENATE JOINT RESOLUTION NO. 8

(By Senators Sprouse, Oliverio, Prezioso, Love, Helmick, McKenzie, Dugan, Plymale, Ross, Anderson, Minear, Kimble, Walker, Buckalew, Schoonover, Scott, Hunter, Sharpe and Fanning)

[Introduced March 5, 1997; referred to the

Committee on the Judiciary.]



Proposing an amendment to the Constitution of the State of West Virginia, by adding thereto a new article, designated article fifteen, relating to the rights of victims of crime; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the State at the next general election to be held in the year one thousand nine hundred ninety-eight, which proposed amendment is that a new article be added thereto, designated article fifteen, to read as follows:
ARTICLE. XV. WEST VIRGINIA VICTIMS' RIGHTS AMENDMENT OF 1998.

§1. Victims of crime to be afforded rights to be observed by state governmental officials.

(a) Victims of crime shall be treated with fairness, dignity and respect in the criminal justice process and the Legislature may define, by law, the rights of victims of crime. These rights may include, but may not be limited to, the following:
(1) Protection from further harm or reprisal through the imposition of appropriate bail and conditions of bail;
(2) Treatment from state, county and local government officials which is in accord with respect, dignity and fairness at all stages of the criminal justice system;
(3) The opportunity to address the circuit court at the time of sentencing;
(4) Timely notification of judicial proceedings involving criminal defendants;
(5) The state's fullest efforts to ensure that guilty parties make full and adequate restitution;
(6) Timely notification of the release from custody, or the escape of offenders, whether before or after disposition of the criminal charge; and
(7) The opportunity to confer with members of the prosecution.
(b) This article does not confer upon any person a right of appeal or a right to modify any adjudication in a criminal proceeding. Nor does this section abridge any other right guaranteed by the Constitution of the United States or this State. It, further, does not create a cause of action for compensation or damages against the State or any of its political subdivisions, or any officer of the court.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as "The West Virginia Victims' Rights Amendment of 1998" and the purpose of the proposed amendment is summarized as follows: "To provide that the victims of crime shall be treated with fairness, dignity and respect in the criminal judicial process and that the Legislature may define, by law, the rights of victims of crime."



NOTE: The purpose of this resolution is to amend the Constitution to provide that victims of crime shall be treated with fairness, dignity and respect and to authorize the Legislature to define the rights of victims of crime.

This article is new; therefore, strike-throughs and underscoring have been omitted.