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HJR 1020

A CONSTITUTIONAL AMENDMENT TO BE KNOWN AS THE VICTIM’S BILL OF RIGHTS; AND TO PROVIDE RIGHTS FOR VICTIMS OF VIOLENT AND SEXUAL CRIMINAL OFFENSES.

2025 Regular Session Introduced by Karilyn Brown and 1 co-sponsor

HJR 1020 aimed to enhance rights for victims of violent and sexual crimes in Arkansas, ensuring dignity, safety, and involvement in legal proceedings.

WITHDRAWN BY AUTHOR
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Bill Summary · HJR 1020

Summary of HJR 1020 - Victim’s Bill of Rights

Bill Information:
- Bill Number: HJR 1020
- Title: A Constitutional Amendment to be Known as the Victim’s Bill of Rights; and to Provide Rights for Victims of Violent and Sexual Criminal Offenses
- Status: Withdrawn by Author
- Introduced: February 12, 2025
- Classification: Joint Resolution

Purpose and Intent

HJR 1020 aimed to amend the Arkansas Constitution to establish a "Victim’s Bill of Rights." The primary intent of the bill was to enhance the rights and protections afforded to victims of violent and sexual crimes within the state’s criminal justice system. By enshrining these rights in the state constitution, the bill sought to ensure that victims are treated with dignity and respect throughout legal proceedings.

Key Provisions

The proposed amendment included several significant provisions designed to protect victims' rights:

  1. Definition of Victim:

    • A "victim" is defined as an individual against whom a violent or sexual crime has been committed, or their lawful representative (e.g., spouse, parent, child) if the victim is incapacitated or deceased.

  2. Rights of Victims:

    • Victims would have the right to:
      • Be treated with fairness and dignity.
      • Be informed of the release or escape of the accused.
      • Attend and be informed about all criminal proceedings.
      • Be heard in court regarding post-arrest release decisions and sentencing.
      • Refuse interviews or document releases requested by the defendant.
      • Keep their home address confidential to ensure safety.
      • Confer with the prosecution and be informed of case dispositions.
      • Receive restitution before court fines and fees.
      • Have a speedy trial and prompt conclusion of the case.
      • Be informed of their constitutional rights.

  3. Limitations:

    • The amendment specified that exercising these rights could not be grounds for dismissing a criminal proceeding or overturning a conviction.
    • It also clarified that the enumeration of rights does not deny other rights granted by the General Assembly.

  4. No Cause of Action:

    • The amendment would not create a cause of action for compensation against the state or its subdivisions, including court officers and employees.

Affected Parties

The amendment would primarily affect:
- Victims of Violent and Sexual Crimes: Individuals who have suffered from such offenses would gain enhanced rights and protections.
- Criminal Justice System: Law enforcement, prosecutors, and courts would need to adapt their procedures to comply with the new constitutional requirements.

Procedural Aspects

  • Effective Date: If passed, the amendment would take effect on January 1, 2027.
  • Voting Process: The amendment was to be submitted to voters for approval during the next general election for Representatives and Senators.

Legislative Actions

  • March 18, 2025: The bill was withdrawn by the author.
  • February 12, 2025: The bill was filed, read for the first time, and referred to the Committee on State Agencies & Governmental Affairs in the House.

This summary provides a comprehensive overview of HJR 1020, detailing its purpose, key provisions, and the potential impact on victims and the criminal justice system in Arkansas.

Compiled from official sources — confirm details with the bill’s official record.

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