Section II-34

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Section II-34: Rights of victims.

    A.  To preserve and protect the rights of victims to justice and
due process, and ensure that victims are treated with fairness,
respect and dignity, and are free from intimidation, harassment, or
abuse, throughout the criminal justice process, any victim or family
member of a victim of a crime has the right to know the status of the
investigation and prosecution of the criminal case, including all
proceedings wherein a disposition of a case is likely to occur, and
where plea negotiations may occur.  The victim or family member of a
victim of a crime has the right to know the location of the defendant
following an arrest, during a prosecution of the criminal case,
during a sentence to probation or confinement, and when there is any
release or escape of the defendant from confinement.  The victim or
family member of a victim of a crime has a right to be present at any
proceeding where the defendant has a right to be present, to be heard
at any sentencing or parole hearing, to be awarded restitution by the
convicted person for damages or losses as determined and ordered by
the court, and to be informed by the state of the constitutional
rights of the victim.
    B.  An exercise of any right by a victim or family member of a
victim or the failure to provide a victim or family member of a
victim any right granted by this section shall not be grounds for
dismissing any criminal proceeding or setting aside any conviction or
sentence.
    C.  The Legislature, or the people by initiative or referendum,
has the authority to enact substantive and procedural laws to define,
implement, preserve and protect the rights guaranteed to victims by
this section, including the authority to extend any of these rights
to juvenile proceedings and if enacted by the Legislature, youthful
offender proceedings.
    D.  The enumeration in the Constitution of certain rights for
victims shall not be construed to deny or disparage other rights
granted by the Legislature or retained by victims.



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