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HJR 1009

AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO BE KNOWN AS THE ARKANSAS VICTIMS' BILL OF RIGHTS; AND TO PROVIDE RIGHTS FOR VICTIMS OF MISDEMEANOR AND FELONY OFFENSES, INCLUDING VICTIMS IN THE ADULT AND JUVENILE JUSTICE SYSTEMS.

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

HJR 1009 sought to amend Arkansas' Constitution to grant victims of crimes rights like fair treatment, protection, and restitution, enhancing their voice in justice processes.

Died in House Committee at Sine Die adjournment.
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Bill Summary · HJR 1009

Summary of HJR 1009: Arkansas Victims' Bill of Rights

Bill Overview

Bill Number: HJR 1009
Title: An Amendment to the Arkansas Constitution to be Known as the Arkansas Victims' Bill of Rights; and to Provide Rights for Victims of Misdemeanor and Felony Offenses, Including Victims in the Adult and Juvenile Justice Systems.
Status: Died in House Committee at Sine Die adjournment
Introduced: January 31, 2025
Classification: Joint Resolution

Purpose and Intent

HJR 1009 aimed to amend the Arkansas Constitution to establish a comprehensive set of rights for victims of both misdemeanor and felony offenses. The intent was to ensure that victims, including those affected by crimes in both adult and juvenile justice systems, receive fair treatment and have a voice throughout the legal process.

Key Provisions

The proposed amendment included the following significant rights for victims:

  1. Definition of Victim:

    • A "victim" is defined as an individual directly harmed by an offense, including legal guardians, family members, or representatives of the victim's estate in specific circumstances (e.g., if the victim is a minor, incapacitated, or deceased).

  2. Rights Granted to Victims:

    • Fair Treatment: Victims have the right to be treated with dignity and respect, free from intimidation and harassment.
    • Protection: Victims should be reasonably protected from the defendant.
    • Bail Considerations: Safety considerations for victims and their families must be taken into account when setting bail.
    • Communication: Victims have the right to confer with the prosecuting attorney and receive timely updates about the case.
    • Restitution: Victims are entitled to full and timely restitution for their losses.
    • Presence in Proceedings: Victims have the right to be present at all relevant public proceedings and to be heard in matters affecting their rights.
    • Information Access: Victims should be informed about the status of the defendant, including conviction, sentencing, and release dates.

  3. Legal Standing:

    • Victims have the standing to assert their rights in court, while defendants do not have the right to assert victims' rights.

  4. Limitations on Legal Actions:

    • The amendment specifies that victims cannot maintain legal actions against the state for violations of their rights, but they can compel public officials to fulfill their duties under this amendment.

  5. Effective Date:

    • The amendment would take effect on January 1, 2027, if passed.

Impact

If enacted, HJR 1009 would have significantly enhanced the legal protections and rights afforded to victims of crimes in Arkansas. It aimed to create a more victim-centered approach within the criminal justice system, ensuring that victims' voices are heard and their rights are respected.

Legislative Timeline

  • January 31, 2025: Bill filed.
  • February 3, 2025: Read for the first time and referred to the Committee on State Agencies & Governmental Affairs.
  • February 12, 2025: Amendment No. 1 adopted; bill reported correctly engrossed.
  • May 5, 2025: Bill died in House Committee at Sine Die adjournment.

Conclusion

HJR 1009 represented a significant effort to enhance the rights of victims in Arkansas. Despite its introduction and support, the bill ultimately did not progress beyond the committee stage.

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

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