AMENDS CONSTITUTION: Enables Crime Victims To Enforce Existing Constitutional Rights In Prosecutions, Delinquency Proceedings; Authorizes Implementing Legislation

Referral
This measure amends the Constitution of the State of Oregon and was sponsored by the Committee on Judiciary at the request of Attorney General Hardy Myers for the Department of Justice and of Steve Doell for Crime Victims United. This measure enables crime victims to enforce through legal processes the existing constitutional rights in Section 42 of Article I of the Oregon Constitution. These rights are provided to victims in criminal prosecutions and juvenile delinquency proceedings.

 

Financial Impact
The financial effect on state or local government is unknown.

 

Result of a Yes Vote
If this measure passes, it will give crime victims legal means to enforce their existing constitutional rights in criminal prosecutions and delinquency proceedings.

 

Result of a No Vote
Section 42 of Article I of the Oregon Constitution will remain in effect as originally approved by voters in 1999. The current law gives prosecutors sole authority to determine who is a crime victim and whether they will be able to take advantage of the rights provided in Section 42.

 

Background
In the general election of 1996 Oregon voters adopted Ballot Measure 40, a comprehensive and far-reaching series of amendments to Oregon’s Bill of Rights, relating to victims and criminal defendants before the courts of Oregon. The Oregon Supreme Court, in a unanimous ruling, found Measure 40 unconstitutional because the measure lumped together at least eight constitutional amendments that should have been voted on separately. During the 1999 session, the legislature divided Measure 40 into several separate amendments and sent seven to the voters. Voters passed four of the measures (including Measure 69) and rejected three.

Measure 69 granted victims constitutional rights in criminal prosecutions and juvenile delinquency proceedings. These rights, which were added to the Bill of Rights (Section 42 of Article I) of the Oregon Constitution, are:

• • The right to be present and informed in advance of all critical stages of the proceedings held in open court when the defendant is present;
• • The right of the victim to obtain information about the conviction, sentence, imprisonment, criminal history and future release from physical custody of the criminal defendant;
• • The right to refuse an interview, deposition or other discovery request by the criminal defendant or other person acting on behalf of the criminal defendant;
• • The right to receive restitution from the convicted criminal who caused the victim’s loss or injury;
• • The right to have a copy of a transcript of any court proceeding in open court;
• • The right to be consulted, upon request, regarding plea negotiations involving felony; and
• • The right to be informed of these rights.

Only the prosecuting attorney has the responsibility to determine if a person is a crime victim under the current language of Article 42 and to enforce these provisions, but, while the victim has the right to “prompt” restitution, he or she may not bring suit to enforce it. Rights of the victim do not reduce a defendant’s rights under the United States Constitution.

Since the 1999 passage of Measure 69, victims’ advocates have felt that compliance with the constitutional rights of Oregon’s crime victims have not always been upheld. Out of this concern the 2007 Legislature wrote Measure 51 to ask voters to approve an amendment to the Bill of Rights in the Oregon Constitution to include legal means to enforce victims’ rights.

 

The Proposal
Measure 51 provides legal tools to victims of crime and places these judicial rights in the Constitution. These rights apply to all criminal and juvenile court delinquency proceedings. Victims will have the constitutional right to obtain legal counsel if they feel an established constitutional right under Section 42 of Article I is being ignored or denied. These rights include being denied recognition as a victim, being informed of court proceedings, receiving restitution, obtaining information, refusing interviews, obtaining copies of court transcripts and being consulted regarding plea negotiation. (“Victim” means any person determined to have suffered direct financial, psychological, or physical harm as a result of an alleged crime.)

If the voters approve Measure 51 in 2008, the Constitution of the State of Oregon will be amended as follows:

• • Allows a victim to request the assistance of the prosecuting attorney to assert the victim’s rights.
• • Grants a victim the right to assert a claim in a pending case or seek a judicial remedy if no case is pending.
• • Upon a victim’s request, the prosecuting attorney may assert or enforce an established right.
• • This measure does not suspend a criminal or juvenile delinquency proceeding if the suspension would violate a right of a defendant guaranteed by the Oregon Constitution as well as the Constitution of the United States.
• • The Legislative Assembly may enact additional laws to protect a victim’s right to seek redress.

 

• Supporters Say
• • This measure will enable crime victims to enforce existing constitutional rights through the court system.
• • Both victims’ and defendants’ rights are constitutionally protected.
• • The measure enables victims to be more involved and knowledgeable of court proceedings.

 

• Opponents Say
• • Measure 51 may limit the discretion of prosecuting attorneys and the judiciary to determine when to apply the victim’s requests
• • The measure may cause delays in prosecutions and delinquency proceedings.
• • Implementing the measure will cost a lot of money.