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 gives crime victims a means to enforce existing constitutional rights set up in Section 43 of Article I of the Oregon Constitution. These rights encompass bail and release of convicted criminals.

 

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 existing constitutional rights involving protection from a criminal defendant or the convicted criminal.

 

Result of a No Vote
Section 43 of Article I of the Oregon Constitution will remain in effect as approved by the voters in 1999. The current Constitution will give sole authority to prosecutors to determine who is a crime victim and to limit victims’ input into decisions related to pretrial release and bail of criminal defendants.

 

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 71) and rejected three.

Provisions of Measure 71 were embodied in the Bill of Rights (in Section 43 of Article I) of the Oregon Constitution as follows:

• • Pretrial release of a criminal defendant must be based on reasonable protection of the victim and the public as well as an expectation of the defendant appearing for trial.
• • Makes violent felonies not bailable when the courts find probable cause to believe the accused person committed the crime and there is danger that physical injury or sexual victimization may occur if the accused is released before trial.
• • The prosecuting attorney is given the responsibility to assert the rights of victims and the public.

Since the 1999 passage of Measure 71, victims’ advocates have been concerned that the constitutional rights of Oregon’s crime victims have not always been upheld. Out of this concern the 2007 Legislature wrote Measure 52 to ask voters to approve an amendment to the Bill of Rights in the Oregon Constitution to allow victims to have a legal voice in proceedings against the defendant.

 

The Proposal
Measure 52 provides legal resources to victims of a crime and places these legal rights in the Constitution. These rights apply to all criminal and juvenile delinquency proceedings. Victims will have the constitutional right to seek legal counsel if they feel their safety is being jeopardized in regard to bail of an accused defendant or release of a convicted criminal. (“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 52 in 2008, the Constitution of the State of Oregon will be amended as follows:

• • Upon the victim’s request, the prosecuting attorney may assert and enforce a right established in Section 43 of Article I.
• • Grants a victim the right to assert a claim in a pending case or seek a judicial remedy if no case is pending.
• • This measure does not suspend a criminal or juvenile delinquency proceeding if such a suspension would violate a right of a defendant guaranteed by the Oregon Constitution.
• • The Legislative Assembly may enact additional laws to protect a victim’s right to seek redress.

 

• Supporters Say
• • Measure 52 will better allow crime victims to have input into a defendant’s bail and release.
• • It will enable crime victims to enforce existing constitutional rights through the court system.
• • Both victims’ and defendants’ rights are constitutionally protected.

 

• Opponents Say
• • Measure 52 may limit the discretion of prosecuting attorneys and the judiciary to determine when to accept the victim’s request.
• • The measure may cause delays in prosecutions and delinquency proceedings.
• • The measure can be expensive to implement.