Testimony of the Department of the Attorney General Twenty-Eighth Legislature, 2016
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TESTIMONY OF THE DEPARTMENT OF THE ATTORNEY GENERAL TWENTY-EIGHTH LEGISLATURE, 2016 ON THE FOLLOWING MEASURE: S.B. NO. 3034, S.D. 1 RELATING TO PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF THE STATE OF HAWAII TO ESTABLISH RIGHTS FOR VICTIMS OF CRIMES. BEFORE THE: HOUSE COMMITTEE ON JUDICIARY DATE: Tuesday, March 15, 2016 TIME: 2 :00 p.m. LOCATION: State Capitol, Room 325 TESTIFIER(S): Douglas S. Chin, Attorney General, or Lance M. Goto, Deputy Attorney General Chair Rhoads and Members of the Committee: The Department of the Attorney General supports the bill, with these comments. The purpose of this bill is to propose an amendment to the Hawaii State Constitution to provide victims of crime with specific rights related to the criminal justice process. The Department is sympathetic to crime victims and supportive of them. And the Department greatly appreciates the effort that was needed to create this proposed legislation that supports victims' rights, while at the same time addressing the strong concerns of the other interested parties. The Department has reservations because the proposed rights for victims may adversely impact the misdemeanor and petty misdemeanor proceedings in district court. The victim's right to notice of proceedings, right to be present, right to be heard, right to confer with the attorney for the State, and right to be informed in a timely manner of any plea bargain are all reasonable and appropriate. But the district courts process many cases as quickly and efficiently as possible. Many defendants enter pleas and are sentenced at their first court appearance. There may not be sufficient time before the first court appearance for the State to properly notify and confer with the victims. Plea negotiations may take place with little or no notice. In order to address a victim's rights in district court, matters may need to be continued, resulting in a backlog of cases for the courts. To the extent the Department can assist with timely notifications that mitigate against delays, the Department is committed to doing so. 638880_1 Testimony of the Department of the Attorney General Twenty-Eighth Legislature, 2016 Page 2 of 2 This concern about the processing of misdemeanor and petty misdemeanor cases in the district courts could be addressed by excluding these types of cases from this bill, or in the alternative, by having the constitutional rights become effective upon request of the victim. The Department supports this bill, but has reservations about its impact on district court matters. 638880_1 HAWAII March 14, 2016 STATE COMMISSION To: Representative Karl Rhoads, Chair Representative Joy San Buenaventura, Vice Chair ON THE Members of the House Committee on Judiciary STATUS OF From: Cathy Betts WOMEN Executive Director, Hawaii State Commission on the Status of Women Re: Testimony in Support, SB 3034, SD1, Proposing an Amendment to Article I of the Constitution of the State of Hawaii Relating to the Rights of Victims of Crime Thank you for this opportunity to testify in support of the intent of SB 3034, SD1, which would create a victims’ bill of rights within our state constitution. 32 other states in the nation have passed comprehensive constitutional provisions to protect victims of crime. In those states, defendants’ rights and victims’ rights co-exist and do not diminish one another. Chair LESLIE WILKINS Currently, victims in Hawaii have statutory rights but they are not enforceable. In states with constitutional provisions, victims rights are permanent and COMMISSIONERS: enforceable. SHERRY CAMPAGNA CYD HOFFELD The rights are basic: the right to be treated with courtesy, fairness, and JUDY KERN respect for their dignity, the right to privacy, the right to be informed of MARILYN LEE AMY MONK services available to them, the right to be informed of their offender’s LISA ELLEN SMITH whereabouts, and the right to consult with the prosecutor before a plea bargain is offered. The Commission interfaces with victims on a daily basis—they Executive Director have complex needs and often need advocacy on their behalf, as navigating a Cathy Betts criminal justice system after victimization can be difficult and traumatizing. Many victims refuse to participate in any criminal justice forum due to their Email: initial treatment by first responders. [email protected] Visit us at: humanservices.hawaii.gov A constitutional amendment can provide a culture shift, a drastic /hscsw/ change in the way we view victims and the criminal justice process, and can also serve as a constant reminder that our system can do better for victims. Currently, it is clear that victims are treated as an afterthought in many facets 235 S. Beretania #407 Honolulu, HI 96813 of the criminal justice system, despite the fact that they have been victimized Phone: 808-586-5758 and seek only to regain their voice. Awarding basic rights to victims does not FAX: 808-586-5756 diminish the rights of the accused, nor does it change any burden of proof in any criminal cases. Thank you for this opportunity to testify in support. Justin F. Kollar Rebecca A. Vogt Prosecuting Attorney Second Deputy Jennifer S. Winn Diana Gausepohl-White Victim/Witness Program Director First Deputy Amy I. Esaki, First Deputy OFFICE OF THE PROSECUTING ATTORNEY County of Kaua‘i, State of Hawai‘i Mona W. Clark 3990 Ka‘ana Street, Suite 210, Līhu‘e, Hawai‘i 96766 808-241-1888 ~ FAX 808-241-1758 Victim/Witness Program 808-241-1898 or 800-668-5734 Michael A. Dahilig Marc E. Guyot TESTIMONY IN STRONG SUPPORT OF Ian K. JungSB 3034 SD 1 – RELATING TO PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF THE STATE OF HAWAII TO ESTABLISH RIGHTS Justin F. Kollar FOR VICTIMS OF CRIME Andrea A. Suzuki Justin F. Kollar, Prosecuting Attorney County of Kaua‘i House Committee on Judiciary March 15, 2016, 2:00 p.m., Conference Room 325 Chair Rhoads, Vice Chair San Buenaventura, and Members of the Committee: The County of Kaua‘i, Office of the Prosecuting Attorney, STRONGLY SUPPORTS SB 3034 SD 1 – Relating to Proposing an Amendment to Article I of the Constitution of the State of Hawai‘i to Establish Rights for Victims of Crime. The Bill proposes an Amendment to the Hawai‘i State Constitution guaranteeing that victims of crime and their surviving immediate family members have specific rights related to information pertaining to and participation in the criminal justice process. Hawai‘i is one of eighteen states that do not currently have a victim rights constitutional amendment. We believe the time is right to enshrine in our State’s central governing document the notion that victims of crime have certain rights which are central to the concept of justice. Although the crime victim bill of rights was enacted as HRS Section 801D, in 1987, those rights are the mere creature of statute and do not carry the weight and force of constitutional support. The rights enumerated in the proposed bill are simple; basic rights to be treated with courtesy, fairness, and dignity; to be protected; to be informed and consulted. These rights should not ever be subject to dispute. Victim rights should occupy the same plateau in our justice system as the rights of the accused. Those rights should not and cannot diminish the rights of the An Equal Opportunity Employer accused, and they should not curtail the power of the prosecution to seek justice free from extrinsic concerns, but they should be, indeed must be, more than an afterthought. We note that this is not the first time the Legislature has considered a proposed amendment to guarantee victim rights. Over the years, various amendments have been considered. In response, concerns have been raised that this amendment could allow crime victims to interfere with prosecution, diminish the rights of the accused, or create new tort rights upon which to sue the State or a prosecutor should the prosecution not end in a manner that pleases a victim. The proposed Amendment now before your Committee addresses those concerns effectively. Accordingly, we are in STRONG SUPPORT of SB 3034 SD 1. We request that your Committee PASS the Bill. Thank you very much for the opportunity to provide testimony on this Bill. DEPARTMENT OF THE PROSECUTING ATTORNEY CITY AND COUNTY OF HONOLULU ALII PLACE 1060 RICHARDS STREET HONOLULU, HAWAII 96813 PHONE: (808) 547-7400 FAX: (808) 547-7515 KEITH M. KANESHIRO ARMINA A. CHING PROSECUTING ATTORNEY FIRST DEPUTY PROSECUTING ATTORNEY THE HONORABLE KARL RHOADS, CHAIR HOUSE COMMITTEE ON JUDICIARY Twenty-Eighth State Legislature Regular Session of 2016 State of Hawai`i March 15, 2016 RE; S.B. 3034, S.D.1; PROPOSING AN AMENDMENT TO ARTICLE 1 OF THE CONSTITUTION OF THE STATE OF HAWAII TO ESTABLISH RIGHTS FOR VICTIMS OF CRIME. Chair Rhoads, Vice-Chair San Buenaventura and members of the House Committee on Judiciary, the Department of the Prosecuting Attorney of the City and County of Honolulu submits the following testimony in strong support of S.B. 3034, S.D.1. S.B.3034, S.D 1 proposes an amendment to Article I of the Constitution of the State of Hawaii to establish a section on crime victims’ rights. We are strongly supportive of the concept of an amendment to Hawaii’s Constitution clearly establishing the rights of crime victims, as it will help to effectuate the type of legal protections currently available to criminal defendants. As we once again approach this critical issue for victims, we find ourselves at the same crossroads we have visited before. Deciding how to effectively assure crime victims’ rights in a justice system designed for the needs and rights of the accused is no easy task.