CRC - 2017                                COMMISSIONER AMENDMENT
       Proposal No. P 96
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: 1A/AD          .                                
             03/20/2018 03:30 PM       .                                

       Commissioner Cerio moved the following:
    1         CRC Amendment to Amendment (350914) 
    3         Delete lines 49 - 135
    4  and insert:
    5         (6)A victim shall have the following specific rights upon
    6  request:
    7         a.The right to reasonable, accurate, and timely notice of,
    8  and to be present at, all public proceedings involving the
    9  criminal conduct, including, but not limited to, trial, plea,
   10  sentencing, or adjudication, even if the victim will be a
   11  witness at the proceeding, notwithstanding any rule to the
   12  contrary. A victim shall also be provided reasonable, accurate,
   13  and timely notice of any release or escape of the defendant or
   14  delinquent, and any proceeding during which a right of the
   15  victim is implicated.
   16         b.The right to be heard in any public proceeding involving
   17  pretrial or other release from any form of legal constraint,
   18  plea, sentencing, adjudication, or parole, and any proceeding
   19  during which a right of the victim is implicated.
   20         c.The right to confer with the prosecuting attorney
   21  concerning any plea agreements, participation in pretrial
   22  diversion programs, release, restitution, sentencing, or any
   23  other disposition of the case.
   24         d.The right to provide information regarding the impact of
   25  the offender’s conduct on the victim and the victim’s family to
   26  the individual responsible for conducting any presentence
   27  investigation or compiling any presentence investigation report,
   28  and to have any such information considered in any sentencing
   29  recommendations submitted to the court.
   30         e.The right to receive a copy of any presentence report,
   31  and any other report or record relevant to the exercise of a
   32  victim’s right, except for such portions made confidential or
   33  exempt by law.
   34         f.The right to be informed of the conviction, sentence,
   35  adjudication, place and time of incarceration, or other
   36  disposition of the convicted offender, any scheduled release
   37  date of the offender, and the release of or the escape of the
   38  offender from custody.
   39         g.The right to be informed of all postconviction processes
   40  and procedures, to participate in such processes and procedures,
   41  to provide information to the release authority to be considered
   42  before any release decision is made, and to be notified of any
   43  release decision regarding the offender. The parole or early
   44  release authority shall extend the right to be heard to any
   45  person harmed by the offender.
   46         h.The right to be informed of clemency and expungement
   47  procedures, to provide information to the governor, the court,
   48  any clemency board, and other authority in these procedures, and
   49  to have that information considered before a clemency or
   50  expungement decision is made; and to be notified of such
   51  decision in advance of any release of the offender.
   52         (7) The rights of the victim, as provided in subparagraph
   53  (7)a., subparagraph (7)b., or subparagraph (7)c., that apply to
   54  any first appearance proceeding are satisfied by a reasonable
   55  attempt by the appropriate agency to notify the victim and
   56  convey the victim’s views to the court.
   57         (8) The right to the prompt return of the victim’s property
   58  when no longer needed as evidence in the case.
   59         (9) The right to full and timely restitution in every case
   60  and from each convicted offender for all losses suffered, both
   61  directly and indirectly, by the victim as a result of the
   62  criminal conduct.
   63         (10) The right to proceedings free from unreasonable delay,
   64  and to a prompt and final conclusion of the case and any related
   65  postjudgment proceedings.
   66         a. The state attorney may file a good faith demand for a
   67  speedy trial and the trial court shall hold a calendar call,
   68  with notice, within fifteen days of the filing demand, to
   69  schedule a trial to commence at a date at least five days but no
   70  more than sixty days after the date of the calendar call unless
   71  the trial judge enters an order with specific findings of fact
   72  justifying a trial date more than sixty days after the calendar
   73  call.
   74         b. All state-level appeals and collateral attacks on any
   75  judgment must be complete within two years from the date of
   76  appeal in non-capital cases and five years in capital cases,
   77  unless a court enters an order with specific findings as to why
   78  the court was unable to comply with this subparagraph and the
   79  circumstances causing the delay. Each year, the chief judge of
   80  any district court of appeal or the chief justice of the supreme
   81  court shall report on a case-by-case basis to the speaker of the
   82  house of representatives and the president of the senate all
   83  cases where the court entered an order regarding inability to
   84  comply with this subparagraph. The legislature may enact
   85  legislation to implement this subparagraph.
   86         (11) The right to be informed of these rights, and to be