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Center for Media and Democracy Alec Model Legislation Constitutional Amendment for Victims Rights

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By the Center for
Media and Democracy
www.prwatch.org

D I D YOU KNOW? Corporations VOTED to adopt this. Through ALEC, global companies

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secretive
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Model Legislation
Public Safety and Elections
“conservative”
politicians.
Model Legislation
National Rifle Association-Behind closed doors, they
Civil Justice
Constitutional
Amendment
For
Victim's
Rights
ghostwrite “model” bills to
was the corporate co-chair in
be introduced
in Insurance,
state
Commerce,
2011?
Summary
and
Economic
capitols
across
the country.
Development
This Act would establish a bill of rights for victims of violent crimes.
This agenda--underwritten
by global
corporations-Education
Model Legislation
includes major tax
Energy,
loopholes
for Environment,
big industries
{Title, enacting clause, etc.}
and Agriculture
and the
super rich,
Section 1. {Title.} "This Act may be cited as the Constitutional Amendment for
proposals
to offshore
Federal
RelationsU.S.
Victims Rights"
jobs and gut minimum
and Human
wage,Health
and efforts
to
Section 2. {Definitions.} As used in this Act:
Services
weaken
public health,
(A) "Victim" means a person against whom the criminal offense has been committed or,
safety,International
and environmental
Relations
if the person is killed or incapacitated, the person's spouse, parent, child or other lawful
protections. Although many
representative, except if the person is in custody for an offense or is the accused.
Public
and
of these
billsSafety
have become
Elections
Section 3. {Main Provisions}
law, until
now, their origin
has been
unknown.
Tax largely
and Fiscal
Policy
(A) To preserve and protect victims' rights to justice and due process, a victim of crime
has a right:
With ALEC EXPOSED, the
CenterTelecommunications
for Media and
(1) To be treated with fairness, respect, and dignity, and to be free from intimidation,
and Information
Democracy
hopes more
harassment, or abuse, throughout the criminal justice process.
Technology
Americans will study the
(2) To be informed, upon request, when the accused or convicted person is released
bills to understand the
from custody or has escaped.
this Page
depth and Print
breadth
of how
big corporations
are
Text-Only
Page
(3) To be present at and, upon request, to be informed of all criminal proceedings where
the defendant has the right to be present.
changing the legal rules
Email this Page
and undermining democracy
(4) To be heard at any proceeding involving a post-arrest release decision, a negotiated
across the nation.
plea, and sentencing.

ALEC’s’Corporate Board
--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

(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) 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.
(D) 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.

Section 4. {Severability clause.}

Section 5. {Repealer clause.}
Section 6. {Effective date.}
ALEC's Sourcebook of American State Legislation 1995

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Center for Media
and Democracy's
quick summary:

This is part of a bundle of 1995 ALEC bills that aim to include victims in the criminal justice process.