Maine Legislature, Session 122, LD 1372
Committee: Judiciary
Sponsors: HASTINGS, HANLEY, SNOWE-MELLO

Legislative Document 
No. 1372 
H.P.958 
House of Representatives, March 17,2005 
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Establish a Victims' Bill of Rights 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representati ve MILLETT of Waterford. 
Cosponsored by Senator HASTINGS of Oxford and 
'17/~ 1J?7T/dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representative: HANLEY of Paris, Senator: SNOWE-MELLO of Androscoggin. 
Printed on recycled paper 
Constitutional amendment. 
Resolved: 
Two 
thirds 
branch 
of 
the 
Legislature 
concurring, 
that 
the 
amendment to the Constitution of Maine be proposed: 
Constitution, Art. I, §6-B is enacted to read: 
Section 6-B. 
Victims' bill of rights 
of 
each 
following 
1. 
Victims' 
rights. 
To 
preserve 
and 
protect victims' 
rights to justice and due process, a victim of crime has a right: 
A. 
To be treated with fairness, respect and dignity and to 
be free from intimidation, harassment and abuse throughout 
the criminal justice process: 
B. 
To 
be 
informed, 
upon 
request, 
when 
the 
accused or 
convicted person is released from custody or has escaped; 
~C~. ___ T~o~b=e~~p~r~e~s=e~n~t~a~t~~a~n~d~,~~u~p~o~n~~r~e~q~u~e~s~t~,~t~o~~b~e~informed of 
all criminal proceedings at which the defendant has 
the 
right to be present; 
D. 
To be heard at any proceeding involving a post-arrest 
release decision, a negotiated plea or sentencing; 
E. 
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: 
F. 
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; 
G. 
To 
read 
presentence 
reports 
relating 
to 
the 
crime 
against the victim when they are available to the defendant; 
H. 
To receive prompt restitution from the person or persons 
convicted of the criminal conduct that caused the victim's 
loss or injury; 
I. 
To be heard at any proceeding when any post-conviction 
release 
of 
the 
defendant 
from 
confinement 
is 
being 
considered; 
J. 
To a speedy trial of the defendant or disposition and 
prompt and final conclusion of the case after the conviction 
and sentence: 
K. 
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 
Page l-LR2095(1) 
to amendment or repeal by the Legislature to ensure the 
protection of these rights; and 
L. 
To be informed of victims' constitutional rights. 
2. 
Not groun(ls for dismissal. 
A victim's exercise of any 
right granted by this section may not be grounds for dismissing 
any 
criminal 
proceeding 
or 
setting 
aside 
any 
conviction or 
sentence. 
3. 
Victim defined. 
"Victim" means a person against whom a 
cr iminal offense has been committed or, if the person is killed 
or incapacitated, the person's spouse, parent, child or other 
lawful representative, unless the spouse, parent, child or other 
lawful representative is in custody for an offense or is the 
accused. 
4. 
Legislative authority. 
The Legislature, and the people 
by 
in~ative 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. 
5. 
Other rights not impaired. 
The 
enumeration in the 
Constitution of certain rights for victims may not be construed 
to deny or disparage others granted. 
and be it further 
Constitutional referendum procedure; form of question; effective 
date. Resolved: 
That the municipal officers of this State shall 
notify the inhabitants of their respective cities, 
towns 
and 
plantations to meet, in the manner prescribed by law for holding 
a 
statewide election, at a statewide election, on the Tuesday 
following the first Monday of November following the passage of 
this resolution, to vote upon the ratification of the amendment 
proposed in this resolution by voting upon the following question: 
"Do you favor amending the Constitution of Maine to enact a 
Victims' Bill of Rights, designed to ensure specific rights 
to victims of crime?" 
The legal voters of each city, 
town and plantation shall 
vote by ballot on this question and designate their choice by a 
cross or check mark placed within the corresponding square below 
the word "Yes" or "No." 
The ballots must be received, sorted, 
counted and declared in open ward, town and plantation meetings 
and returns made to the Secretary of State in the same manner as 
votes for members of the Legislature. 
The Governor shall review 
the returns and, if it appears that a majority of the legal votes 
are cast in favor of the amendment, the Governor shall proclaim 
that fact without delay and the amendment becomes part of the 
Constitution of Maine on the date of the proclamation; and be it 
further 
Secretary of State shall prepare ballots. Resolved: 
That 
the 
Secretary of State shall prepare and furnish to each city, town 
and plantation all ballots, returns and copies of this resolution 
necessary to carry out the purposes of this referendum. 
SUMMARY 
This resolution proposes to amend the Constitution of Maine 
to enact a Victims' Bill of Rights, designed to ensure specific 
rights for victims of crime.