WeVote
Log In

Bill

Bill

HJR 1009

Oklahoma Constitution; ad valorem; homestead exemption; disabled veterans; ballot title; filing.

2025 Regular Session Introduced by Melissa Provenzano

The bill would enshrine constitutionally guaranteed rights for crime victims to fair treatment, notice, presence, protection, restitution, and participation in proceedings and post

Second Reading referred to Rules
0
WeVote Research Nonpartisan
Bill Summary · HJR 1009

Summary — HJR 1009 (Arkansas Victims' Bill of Rights)

Overview / Purpose

HJR 1009 is a proposed amendment to the Arkansas Constitution titled the “Arkansas Victims' Bill of Rights.” It would establish a set of constitutionally guaranteed rights for victims of misdemeanor and felony offenses in both adult and juvenile justice systems. If adopted by voters, the amendment would become part of the Arkansas Constitution and take effect January 1, 2027.

Note: Although the bill header in the request referenced Oklahoma, the text and legislative actions pertain to the Arkansas General Assembly (95th), Regular Session 2025.

Key provisions

  • Creates a constitutional definition of “victim” to include individuals directly harmed and (when appropriate) guardians, estate representatives, family members, significant others, or court-appointed representatives for victims who are minors, incapacitated, incompetent, or deceased. Excludes the defendant and any person the court finds would not act in the victim’s best interest.
  • Enumerates victims’ rights, including:
    • Treatment with fairness, respect, privacy, dignity, and protection from intimidation, harassment, and abuse.
    • Reasonable protection from the defendant and persons acting for the defendant.
    • Consideration of victim and family safety in bail and release conditions.
    • The ability to refuse interviews/depositions and to set reasonable conditions on voluntary interviews/discoveries.
    • The right, upon request, to confer with the prosecuting attorney.
    • Reasonable notice of and the right to be present at public criminal and delinquency proceedings.
    • The right to be reasonably heard at proceedings implicating victims’ rights (release, plea, sentencing, delinquency, postconviction release).
    • Access to information about conviction, sentence, incarceration place/time, scheduled release, and escapes.
    • Full and timely restitution and priority application of collected monetary payments to restitution.
    • Return of legal property when no longer needed as evidence.
    • Timely notice of, and participation in, postconviction release proceedings and consideration by release authorities of information provided by victims.
    • The right to be informed of these rights and public availability of the information.
  • Postconviction release authorities must allow any individual harmed by the defendant to be heard at release hearings.
  • The General Assembly may enact laws to implement these constitutional rights or other necessary measures.

Enforcement and limits

  • Victims have standing to assert these rights in any court with jurisdiction over the case; courts must promptly rule on such requests.
  • Victims are not parties to criminal proceedings and the amendment does not change prosecuting attorneys’ powers, duties, or responsibilities.
  • The amendment generally bars civil actions for damages or injunctive/declaratory relief against the state or its officers/employees for violations of the provision or implementing statutes, except that an individual may seek to compel a public officer or employee to perform duties required by the section (i.e., mandamus-type relief). A violation does not authorize setting aside a conviction.
  • The rights do not limit or disparage other statutory or common-law rights victims may have.

Who would be affected

  • Primary beneficiaries: individuals directly and proximately harmed by crimes (including misdemeanors and felonies) in Arkansas, and those acting on their behalf in specified circumstances (minors, incapacitated, deceased).
  • Impacted institutions: courts, prosecuting attorneys, correctional/postconviction release authorities, law enforcement, and the Legislature (for implementing statutes).

Procedural status and timeline

  • Filed: January 31, 2025.
  • Readings and actions: First reading (2/3/2025), second reading for amendment purposes (2/12/2025), Amendment No. 1 (adding Senator Gilmore as cosponsor) adopted and bill ordered engrossed (2/12/2025).
  • Ballot/Effective date if adopted by voters: amendment would be submitted to electors at the next general election; effective January 1, 2027.
  • Final disposition in 2025: the bill “Died in House Committee at Sine Die adjournment” (May 5, 2025), so it did not reach the ballot in that session.

Sponsors / Authors

  • Primary sponsors listed: Representative K. Brown and Senator Gilmore. An amendment added Senator Gilmore as a cosponsor. (The file also shows Representative Provenzano listed as author in one entry; this appears inconsistent in the record.)

Considerations / Impact

  • If adopted, the amendment would elevate enumerated victim protections to constitutional status, likely requiring changes in court and correctional procedures and prompting implementing statutes and administrative rules.
  • The provision’s limitation on civil remedies but allowance to compel duties may affect litigation strategies by victims and their counsel.
  • Because victims are not given party status, some procedural rights remain limited compared to full-party standing; courts would be called upon to balance victim rights with defendants’ constitutional rights and court procedures.

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

Sign in to ask a question.