Bill Summary for H 551 (2017-2018)

Summary date: 

Apr 26 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 551 (Public) Filed Tuesday, April 4, 2017
AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO PROVIDE BETTER PROTECTIONS AND SAFEGUARDS TO VICTIMS OF CRIME.
Intro. by Dollar, R. Turner, Destin Hall, Earle.

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Bill summary

House committee substitute makes the following changes to the 1st edition:

Amends proposed constitutional amendment. Includes victims of delinquent acts in the persons with rights under Article I, Sec. 37. Provides all persons with rights under this section with the right, upon request, to reasonable and timely notice of all criminal and juvenile proceedings; the right to be present at criminal and juvenile proceedings of the defendant; the right to be heard, when the victim is present, at any proceeding involving a plea, sentencing, parole, release of the defendant, and any proceeding in which the victim's rights are implicated, except for the defendant's initial appearance; and the right to be reasonably protected from the defendant. Amends terminology to replace "accused" with "defendant." Provides that the section does not affect the State's discovery obligations. Requires a victim seeking enforcement of their rights in a matter alleging that a District Attorney failed to comply with the victim's rights, that the victim must first afford the District Attorney the opportunity to resolve any issue in a timely manner. Deletes the requirement that a person be proximately harmed by the commission of the listed offenses to be considered a victim. Does not authorize a collateral civil cause of action.

Places the proposed constitutional amendment on the ballot for the primary election in May 2018 (was, general election in November 2018).

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