H0276B0284A00107 MSP:CMD 02/21/19 #90 A00107
AMENDMENTS TO HOUSE BILL NO. 276
Sponsor: REPRESENTATIVE D. MILLER
Printer's No. 284
Amend Bill, page 1, prior passage line, by striking out "J.R.
2018-1" and inserting
NONE
Amend Bill, page 1, lines 8 through 14; page 2, lines 1
through 30; page 3, lines 1 through 12; by striking out all of
said lines on said pages and inserting
ยง 9.1. Rights of victims of crime.
(a) To secure for victims justice and due process throughout
the criminal and juvenile justice systems, a victim shall have
the following rights:
(1) The right to due process and to be treated with fairness
and respect for the victim's dignity.
(2) The right to be reasonably protected and free from
intimidation, harassment and abuse from the accused and a person
acting on behalf of the accused.
(3) The right to have the safety and welfare of the victim
and the victim's family considered when setting bail or making
release decisions.
(4) The right, upon request, to privacy, which includes the
right to refuse an interview, deposition or other discovery
request, and to set reasonable conditions on the conduct of the
interaction to which the victim consents.
(5) The right, upon request, to reasonable, accurate and
timely notice of, and to be present at, each proceeding
involving the criminal or delinquent conduct, including release,
plea, sentencing, adjudication and disposition, and each
proceeding during which a right of the victim is implicated.
(6) The right to be heard in each proceeding involving
release, plea, sentencing, adjudication, disposition or parole,
and each proceeding during which a right of the victim is
implicated.
(7) The right, upon request, to confer with the attorney for
the government.
(8) The right to provide information regarding the impact of
the offender's conduct on the victim and the victim's family to
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the individual responsible for conducting a pre-sentence or
disposition investigation or compiling a pre-sentence
investigation report or plan of disposition, and to have the
information considered in a sentencing or disposition
recommendation.
(9) The right, upon request, to receive a copy of each pre-
sentence report or plan of disposition, and each other report or
record relevant to the exercise of a victim's right, except for
the portions made confidential by law.
(10) The right, upon request, to the prompt return of the
victim's property if no longer needed as evidence in the case.
(11) The right to full and timely restitution in each case
and from each offender for all losses suffered by the victim as
a result of the criminal conduct and as provided by law for all
losses suffered as a result of delinquent conduct.
(12) The right to proceedings free from unreasonable delay
and to a prompt and final conclusion of the case and related
post-judgment proceedings.
(13) The right, upon request, to be informed of the
conviction, adjudication, sentence, disposition, place and time
of incarceration, detention or other disposition of the
offender, each scheduled release date of the offender, and the
release of or the escape by the offender from custody.
(14) The right, upon request, to be informed in a timely
manner of each post-judgment process and procedure, to
participate in the processes and procedures, to provide
information to the release authority to be considered before a
release decision is made and to be notified of each release
decision regarding the offender. A parole authority shall extend
the right to be heard to each person harmed by the offender.
(15) The right, upon request, to be informed in a timely
manner of pardon and expungement procedures, to provide
information to the Governor, the court, a pardon board and other
authority in the procedures, to have the information considered
before a pardon or expungement decision is made, and to be
notified of the decision in advance of a release of the
offender.
(16) The right to be informed of the rights under this
section and to be informed that a victim can seek the advice of
an attorney with respect to the victim's rights. The information
shall be made available to the general public and provided to
each crime victim.
(b) The victim or the attorney for the government upon
request of the victim may assert in a trial or appellate court,
or before another authority, with jurisdiction over the case,
and have enforced, the rights under this section and any other
right afforded to the victim by law. This section shall not
grant the victim party status or create a cause of action for
compensation or damages against the Commonwealth or a political
subdivision of the Commonwealth, or against an officer, employee
or agent of the Commonwealth or a political subdivision of the
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Commonwealth, or an officer or employee of the court.
(c) The granting of the rights under this section to a
victim shall ensure that the victim has a meaningful role
throughout the criminal and juvenile justice systems and may not
be construed to deny or disparage other rights possessed by a
victim. The Legislature may enact substantive and procedural
laws to further define, implement, preserve and protect the
rights guaranteed to a victim under this section.
(d) As used in this section, the term "victim" means a
person against whom a crime or delinquent act is committed or,
for a victim who is killed or incapacitated as a result of the
crime or delinquent act, a person who is directly harmed by the
commission of the offense or act. The term 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.
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See A00107 in
the context
of HB0276