Maine Legislature, Session 128, LD 1168
Committee: Criminal Justice and Public Safety
Sponsors: THIBODEAU, HERBIG, CUSHING, JACKSON, MASON, FREDETTE, GIDEON, GOLDEN, RILEY

Legislative Document
No. 1168
S.P. 389
In Senate, March 23, 2017
RESOLUTION, Proposing an Amendment to the Constitution of 
Maine To Establish a Victims' Bill of Rights
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by President THIBODEAU of Waldo.
Cosponsored by Representative HERBIG of Belfast and
Senators: CUSHING of Penobscot, JACKSON of Aroostook, MASON of Androscoggin, 
Representatives: FREDETTE of Newport, Speaker GIDEON of Freeport, GOLDEN of 
Lewiston, RILEY of Jay.
Constitutional amendment. Resolved: Two thirds of each branch of the 
Legislature concurring, that the following amendment to the Constitution of Maine be 
proposed: 
Constitution, Art. I, §6-B is enacted to read: 
Section 6-B.  Victims' bill of rights 
1.  Victims' rights.  To preserve and protect victims' rights to justice and due 
process, a victim of crime or juvenile crime has the following rights: 
A.  To be treated with fairness and dignity and with respect for the victim's safety and 
privacy throughout the criminal justice process; 
B.  To be informed, upon request, when the accused is released from custody or has 
escaped; 
C.  To be present at and, upon request, to reasonable and timely notice of all public 
proceedings involving the criminal or juvenile criminal conduct; 
D.  To be heard at any public proceeding involving a release, a plea or sentencing, 
disposition or parole and any other proceeding at which a right of the victim is 
implicated; 
E.  To refuse an interview, deposition or other discovery request by the accused, the 
accused's attorney or another person acting on behalf of the accused; 
F.  To confer with the prosecution regarding the rights of the victim pursuant to this 
section; 
G.  To read presentence reports relating to the crime against the victim; 
H.  To receive prompt and full restitution; 
I.  To proceedings free from unreasonable delay and a prompt conclusion of the case; 
and 
J.  To be informed of victims' constitutional rights. 
2.  Victim defined.  "Victim" means a person against whom a crime or juvenile 
crime has been committed or a person who is directly and proximately harmed by the 
commission of the offense or crime.  "Victim" does not include the accused or, if the 
victim is deceased or incapacitated or a minor, a person who the court finds would not act 
in the best interests of that victim. 
3.  Right of victim to assert rights and have rights enforced.  The victim, the 
victim's attorney or another lawful representative of the victim, or, upon request of the 
victim, the attorney for the government, may assert in any trial or appellate court or 
before any other authority with jurisdiction over the case and have enforced the rights 
enumerated in this section and any other rights afforded by law. 
4.  Remedy for and effect of exercise of rights.  The court or other authority with 
jurisdiction over a case to whom a request is made pursuant to subsection 3 shall act 
promptly on the request and shall protect the rights of the victim no less vigorously than 
the court or other authority protects the rights afforded to the accused and shall provide 
the victim a remedy, including, but not limited to, the right to appeal a sentence, but not 
including the dismissal of any criminal proceeding or setting aside of any conviction or 
sentence. 
This subsection does not create a cause of action for compensation or damages against the 
State or a political subdivision of the State or any officer, employee or agent of the State 
or a political subdivision of the State, including the court or an officer or employee of the 
court. 
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 held in the month 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 the victim of a crime 
or juvenile crime and allow the victim to contest a sentence?" 
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.  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.  The purpose of this 
resolution is to place into the Constitution of Maine various rights regarding notification 
of public proceedings at which the victim has a right to be heard, the right to confer with 
the prosecution and the right to prompt and full restitution.  This resolution requires a 
court to grant a request by the victim to enforce the rights of the victim and to provide a 
remedy for violations of the victim's rights, including the appeal of a sentence.  This 
resolution does not provide a victim a cause of action for compensation or damages 
against the State or a political subdivision of the State, including the courts, or any 
officer, employee or agent of the State or a political subdivision of the State.