|
|
|
 |
|
|||||||||
2002 FINAL STATELEGISLATIVE PROGRAM MIDDLE RANGE ISSUE ISSUE: VICTIM'S RIGHTS SUMMARY: The approval by Maryland voters of a constitutional amendment on victim's rights in 1994 was the culmination of a lengthy campaign by supporters of the proposal. It also set the stage for refinements in statutes to insure that victims will have a role in a variety of criminal justice proceedings. The 1995 General Assembly passed two statutes concerning the rights of victims. The first was a bill to require the registration of sex offenders, both those who were convicted of sex crimes and those who received probation before judgement, if registration was a condition of probation. The second measure added mechanisms for increasing state funds to the Maryland Victims of Crime Fund, the Criminal Injuries Compensation Fund and the Victim and Witness Protection and Relocation Program. A bill to prohibit criminals from profiting from their crimes by selling the rights to their story to the media was defeated. Since 1995 the Task Force to Examine Maryland’s Crime Victims’ Rights Laws has been working to implement the Victims’ Rights Amendment. In 1996 a law was passed specifying the procedures that courts and prosecutors must use to notify victims of crimes of criminal proceedings. Another bill that reorganized and recodified laws concerning victims and witnesses was passed as well. In 1997, comprehensive legislation to implement the Victims’ Rights Amendment (Chapter 311 of the 1997 Acts of the General Assembly) was approved. Fine tuning of this statute occurred in 1998 and 1999, as bills passed concerning notification of victims with regard to parole releases and plea agreements, expansion of the definition of "trial" to include juvenile proceedings, and provision for state payment of transportation of homicide victims to mortuaries. In 2000, a bill passed expanding the definition of "victim" in cases where children charged as adults have petitioned to have their cases transferred to juvenile court. The 2001 General Assembly passed legislation enhancing the right of victims in incompetency and criminal responsibility proceedings, broadened the categories of crimes eligible for "no contact" conditions, and expanded the definition of "crime" for purposes of criminal injuries compensation. All of these statutes are a clear indication that the rights of victims in the criminal justice system is an accepted principle and is critical to the fair implementation of sentencing policy. In the future, no dramatic changes in statutory law are expected, as advocates have shifted their attention to the courts, enforcement agencies and Congress. If supporters of greater rights for victims run into significant roadblocks in their quest, they may once again turn to the General Assembly for assistance. MSBA 2002 POSITION: Monitor all legislation concerning the rights of victims to insure that the rights of defendants are protected and that the proposals do not violate constitutional principles. SAMPLE LEGISLATION:
|
||||||||||
