Arizona Proposition 104, Crime Victims' Rights Amendment (1990)
| Arizona Proposition 104 | |
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| Election date |
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| Topic Constitutional rights and Crime victims' rights |
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| Status |
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| Type Initiated constitutional amendment |
Origin |
Arizona Proposition 104 was on the ballot as an initiated constitutional amendment in Arizona on November 6, 1990. It was approved.
A "yes" vote supported adding a Victims' Bill of Rights to the Arizona Declaration of Rights, establishing a set of constitutional protections for crime victims throughout the criminal justice process. |
A "no" vote opposed adding a Victims' Bill of Rights to the Arizona Declaration of Rights. |
Election results
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Arizona Proposition 104 |
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| Result | Votes | Percentage | ||
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589,870 | 57.06% | ||
| No | 443,930 | 42.94% | ||
Text of measure
Ballot title
The ballot title for Proposition 104 was as follows:
| “ | PROPOSING AN AMENDMENT TO THE CONSTITUTION OF ARIZONA RELATING TO VICTIMS' RIGHTS; RECOGNIZING VICTIMS' RIGHTS TO JUSTICE AND DUE PROCESS; PROVIDING THAT VICTIMS SHALL HAVE THE RIGHT TO BE TREATED WITH FAIRNESS, RESPECT, AND DIGNITIY, AND TO BE FREE FROM INTIMIDATION, HARASSMENT, OR ABUSE; THE RIGHT TO BE INFORMED, UPON REQUEST, ABOUT ESCAPES OR RELEASES; THE RIGHT TO BE PRESENT AT AND, UPON REQUEST, TO BE INFORMED OF ALL PROCEEDINGS WHERE THE DEFENDANT HAS THE RIGHT TO BE PRESENT; THE RIGHT TO BE HEARD AT CERTAIN PROCEEDINGS; THE RIGHT TO REFUSE AN INTERVIEW, DEPOSITION, OR OTHER DISCOVERY REQUEST BY THE DEFENDANT OR OTHER PERSON ON HIS BEHALF; THE RIGHT TO CONFER WITH THE PROSECUTION AT CERTAIN STAGES AND TO BE INFORMED OF THE DISPOSITION; THE RIGHT TO READ PRE-SENTENCE REPORTS; THE RIGHT TO RECEIVE PROMPT RESTITUTION; THE RIGHT TO BE HEARD REGARDING RELEASE FROM CONFINEMENT; THE RIGHT TO A SPEEDY TRIAL OR DISPOSITION AND PROMPT AND FINAL CONCLUSION AFTER CONVICTION AND SENTENCE; THE RIGHT TO HAVE RULES OF PROCEDURE AND EVIDENCE PROTECT VICTIMS' RIGHTS AND BE SUBJECT TO AMENDMENT OR REPEAL BY THE LEGISLATURE; THE RIGHT TO BE INFORMED OF THE VICTIMS' CONSTITUTIONAL RIGHTS; PROVIDING THAT THE EXERCISE OF ANY RIGHT GRANTED TO VICTIMS SHALL NOT BE GOUNDS FOR DISMISSING ANY CRIMINAL PROCEEDING OR SETTING ASIDE ANY CONVICTION OR SENTENCE; PROVIDING A DEFINITION OF "VICTIM"; PROVIDING THE LEGISLATURE OR THE PEOPLE WITH AUTHORITY TO ENEACT SUBSTANTIVE AND PROCEDURAL LAWS REGARDING VICITMS' RIGHTS, INCLUDING THE EXTENSION OF THOSE RIGHTS TO JUVENILE PROCEEDINGS; PROTECTING OTHER VICTIMS' RIGHTS GRANTED OR RETAINED; AND AMENDING THE CONSTITUTION OF ARIZONA BY ADDING ARTICLE II, § 2.1. | ” |
Ballot summary
The ballot summary for this measure was:
| “ | AMENDING ARIZONA CONSTITUTION BY ADDING A CRIME VICTIMS' BILL OF RIGHTS REQUIRING THAT VICTIMS RECEIVE PROMPT RESTITUTION, BE INFORMED OF CRUCIAL EVENTS, BY PRESENT AND HEARD AT CRITICAL STAGES AND BE ALLOWED TO CHOOSE WHETHER TO SUMIT TO PRETRIAL QUESTIONING BY THE DEFENSE. | ” |
Full Text
The full text of this measure is available here.
Constitutional changes
- See also: Article 2, Arizona Constitution
Proposition 104 added Section 2.1 to Article II of the Arizona Constitution. The following underlined language was added:
Note: Hover over the text and scroll to see the full text.
Section 2.1. (A) To preserve and protect victims' rights to justice and due process, a victim of crime has a right:
1. To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process.
2. To be informed, upon request, when the accused or convicted person is released from custody or has escaped.
3. To be present at and, upon request, to be informed of all criminal proceedings where the defendant has the right to be present.
4. To be heard at any proceeding involving a post-arrest release decision, a negotiated plea, and sentencing.
5. To refuse an interview, deposition, or other discovery request by the defendant, the defendant's attorney, or other person acting on behalf of the defendant.
6. To confer with the prosecution, after the crime against the victim has been charged, before trial or before any disposition of the case and to be informed of the disposition.
7. To read pre-sentence reports relating to the crime against the victim when they are available to the defendant.
8. To receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim's loss or injury.
9. To be heard at any proceeding when any post-conviction release from confinement is being considered.
10. To a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence.
11. To have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims' rights and to have these rules be subject to amendment or repeal by the legislature to ensure the protection of these rights.
12. To be informed of victims' constitutional rights.
(B) A victim's exercise of any right granted by this section shall not be grounds for dismissing any criminal proceeding or setting aside any conviction or sentence.
(C) "Victim" means a person against whom the criminal offense has been committed or, if the person is killed or incapacitated, the person's spouse, parent, child or other lawful representative, except if the person is in custody for an offense or is the accused.
(D) The legislature, or the people by initiative or referendum, have 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.
(E) The enumeration in the constitution of certain rights for victims shall not be construed to deny or disparage others granted by the legislature or retained by victims.[1]
Path to the ballot
In Arizona, the number of signatures required for an initiated constitutional amendment is equal to 15 percent of the votes cast at the preceding gubernatorial election.
See also
External links
Footnotes
- ↑ Note: This text is quoted verbatim from the original source.
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