AMENDMENT FOR PRINTED RESOLUTION
j1004jc
___________________ moved that HJR 1004 be amended as follows:
On page 1 of the printed resolution, delete lines 10 and 11, and insert:
" Section 2. That Article VI, section 29 of the Constitution of the State of South Dakota, be
amended to read as follows:
§ 29. A victim shall have the following rights, beginning at the time of victimization:
1. The right to due process and to be treated with fairness and respect for the victim's dignity;
2. The right to be free from intimidation, harassment and abuse;
3. The right to be reasonably protected from the accused and any person acting on behalf of the
accused;
4. The right to have the safety and welfare of the victim and the victim's family considered when
setting bail or making release decisions;
5. The right
, upon request, to prevent the disclosure
to the public, or the defendant or anyone
acting on behalf of the defendant in the criminal case, of information or records that could be used
to locate or harass the victim or the victim's family, or which could disclose confidential or
privileged information about the victim, and to be notified of any request for such information or
records
. This does not limit law enforcement from sharing information with the public for the
purposes of enlisting the public's help in solving a crime;
6. 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 any such interaction
to which the victim consents;
7. The right
, upon request, to reasonable, accurate and timely notice of, and to be present at, all
proceedings involving the criminal or delinquent conduct, including release, plea, sentencing,
adjudication and disposition, and any proceeding during which a right of the victim is implicated;
8. The right
, upon request, to be promptly notified of any release or escape of the accused;
9. The right to be heard in any proceeding involving release, plea, sentencing, adjudication,
disposition or parole, and any proceeding during which a right of the victim is implicated;
10. The right
, upon request, to confer with the attorney for the government;
11. The right to provide information regarding the impact of the offender's conduct on the victim
and the victim's family to the individual responsible for conducting any pre-sentence or disposition
sentence investigation report or plan of disposition, and to have any such information considered in
any sentencing or disposition recommendations;
12. The right
, upon request, to receive a copy of any pre-sentence report or plan of disposition,
and any other report or record relevant to the exercise of a victim's right, except for those portions
made confidential by law;
13. The right
, upon request, to the prompt return of the victim's property when no longer needed
as evidence in the case;
14. The right to full and timely restitution in every 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
. All monies and property collected from any person who
has been ordered to make restitution shall be first applied to the restitution owed to the victim before
paying any amounts owed to the government;
15. The right to proceedings free from unreasonable delay, and to a prompt and final conclusion
of the case and any related post-judgment proceedings;
16. 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, any scheduled release
date of the offender, and the release of or the escape by the offender from custody;
17. The right
, upon request, to be informed in a timely manner of all post-judgment processes
and procedures, to participate in such processes and procedures, to provide information to the release
authority to be considered before any release decision is made, and to be notified of any release
decision regarding the offender. Any parole authority shall extend the right to be heard to any person
harmed by the offender;
18. The right
, upon request, to be informed in a timely manner of clemency and expungement
procedures, to provide information to the Governor, the court, any clemency board and other
authority in these procedures, and to have that information considered before a clemency or
expungement decision is made, and to be notified of such decision in advance of any release of the
offender; and
19. The right to be informed of these rights, and to be informed that a victim can seek the advice
of an attorney with respect to the victim's rights. This information shall be made available to the
general public and provided to each crime victim in what is referred to as a Marsy's Card.
The victim, the retained attorney of the victim, a lawful representative of the victim, or the
attorney for the government, upon request of the victim, may assert and seek enforcement of the
rights enumerated in this section and any other right afforded to a victim by law in any trial or
appellate court, or before any other authority with jurisdiction over the case, as a matter of right. The
court or other authority with jurisdiction shall act promptly on such a request, affording a remedy
by due course of law for the violation of any right and ensuring that victims' rights and interests are
protected in a manner no less vigorous than the protections afforded to criminal defendants and
children accused of delinquency. The reasons for any decision regarding the disposition of a victim's
right shall be clearly stated on the record.
The granting of these rights to any victim shall ensure 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 victims.
All provisions of this section apply throughout criminal and
juvenile justice processes, are self-enabling and require no further action by the Legislature. The
Legislature, or the people by initiative or referendum, have the authority to enact substantive and
procedural laws to further define, implement, preserve, and protect the rights guaranteed to victims
by this section.
As used in this section, the term, victim, means a person
who suffers direct or threatened
physical, psychological, or financial harm as a result of the commission or attempted commission
of a crime or delinquent act or against whom
the a crime or delinquent act is committed.
The In the
case of a victim who is killed or incapacitated as a result of the crime or delinquent act, or who is
a minor, the term also includes any spouse, parent,
child, sibling, or as designated by the court,
grandparent,
child, sibling, grandchild, or guardian
, and any person with a relationship to the victim
that is substantially similar to a listed relationship, and includes a lawful representative of a victim
who is deceased, incompetent, a minor, or physically or mentally incapacitated. 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.
Nothing in this section or any law enacted under this section creates a cause of action for
damages against the state or any political subdivision of the state, or any officer, employee, or agent
of the state or of any political subdivision of the state. ".
Delete pages 2 to 5, inclusive