SB 118-59: Rights of the Victim Act - Passed

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Rights of the Victim Act

Be it enacted by the Senate of the Republic of Atlasia assembled,

SECTION 1. Title & Background

1. The title of this legislation is duly hereby established as the Rights of the Victim Act.
2. Whereas, the Senate recongizes the following:

(a). That it is important to recognize that offenders must right their wrongs in a facilitated and congenial process.
(b). That it is the right of the victim to be made aware of subsequent offenses and to establish their future protection.
(c). Therefore, It is the intent of the Senate to establish a victim's rights as part of its commitment to a fair and just criminal justice system.


SEC. 2.

The following rights are hereby established as the statutory rights of victims and witnesses of crimes:

(1) To be notified as soon as feasible that a court proceeding to which the victim or witness has been subpoenaed as a witness will not proceed as scheduled, provided the prosecuting attorney determines that the witness' attendance is not required.
(2) Upon request of the victim or a witness, to be informed by the prosecuting attorney of the final disposition of the case
(3) For the victim, the victim's parents or guardian if the victim is a minor, or the next of kin of the victim if the victim has died, to be notified of all sentencing proceedings, and of the right to appear, to reasonably express their views, have those views preserved by audio or video means.
(4) For the victim, the victim's parents or guardian if the victim is a minor, or the next of kin of the victim if the victim has died, to be notified of all juvenile disposition hearings in which the alleged act would have been a felony if committed by an adult, and of the right to attend and to express their views.
(5) Upon request by the victim or the next of kin of the victim if the victim has died, to be notified of any parole eligibility hearing and of the right to appear personally.
(6) Upon request by the victim or the next of kin of the victim if the crime was a homicide, to be notified of an inmate's placement in a reentry or work furlough program, or notified of the inmate's escape.
(7) For the victim, to be provided with information concerning the victim's right to civil recovery and the opportunity to be compensated restitution.
( 8 ) To the expeditious return of property that has allegedly been stolen or embezzled, when it is no longer needed as evidence
(9) To an expeditious disposition of the criminal action.
(10) To be notified, if applicable, if the defendant is to be placed on parole.
(11) For the victim, upon request, to be notified of any pretrial disposition of the case
(12) For the victim, to be notified by the offender's following subsequent offenses:
(A) Assault with intent to commit rape, sodomy, oral copulation
(13) When a victim has requested notification, the sheriff shall inform the victim that the person who was convicted of the offense has been ordered to be placed on probation, and give the victim notice of the proposed date upon which the person will be released from the custody of the sheriff.
(a) For the victim, to be notified of the availability of community-based restorative justice programs and processes available to them, including, but not limited to, programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation. The victim has a right to be notified as early and often as possible, including during the initial contact, during followup investigation, at the point of diversion, throughout the process of the case, and in post-conviction proceedings.

(b) Local law enforcement agencies shall make available copies of the materials described in subdivision (b) to victims and witnesses.

Sponsor: Christian Man
Occupying: Slot 18

[Vice President Christian Man]

Thank you PPT Dwarven,

Our current criminal justice system is in tough need of reform. While some common sense reforms have been made, the echoes of the tough on crime era. means that certain people are serving life sentences for in prison for petty theft and those that are released, are often in a worse situation than they were before they landed in prison, leading to an increased risk of re-entering prison. This bill will seek to reverse this observation.

[Joseph Cao]

1. The bill still says "Frémont."

2. As several people have pointed out in the regional debate, this bill is not particularly relevant to restorative justice, and certainly not to the current state of Atlasia's federal policing system which is already way to the left and way more open than we have any hope for IRL.

3. Even if this was originally written by someone else, everything in Section 1 can and should have been part of the sponsor's advocacy, not stuffed into the preamble. Will be introducing an amendment to fix that.

[Vice President Christian Man]

Slighlty modified from FT 30.3

Restorative Justice Enablement Act

The people of the Commonwealth of Fremont do enact as follows:

SECTION 1. Title & Background

1. The title of this legislation is duly hereby established as the Restorative Justice Enablement Act.
Whereas, it is important to recognize that offenders must right their wrongs in a facilitated and congenial process.
2. Whereas, it is the right of the victim to be made aware of subsequent offenses and to establish their future protection.

(a) Restorative justice is a practice and theory rooted in and developed from indigenous practices. When put into practice, restorative justice is a community-based, non-punitive set of processes that center the needs of people who have been harmed. Restorative justice encourages accountability, healing, and repair when harm has occurred. These processes can include facilitated meetings between the person who was harmed, the person who harmed them, family members, and members of the community to discuss the causes and impact of the harm.

(b) Restorative justice processes often result in deep understanding of the harm caused, meaningful expressions of accountability, and agreements to take specific actions to repair harm, including personal or community service, engagement in employment or counseling, and payment of restitution. Restorative justice processes also provide an opportunity for victim or survivors to ask questions, share about the impact of harm, and engage in dialogue in ways that are not possible within the traditional criminal legal system.

(c) In 2015, a peer-reviewed study in the Journal of Experimental Criminology found that restorative justice processes can result in reduced feelings of fear, anger, post-traumatic stress symptoms, and depression for people who have been harmed. Researchers, including Dr. Mark Umbreit, studying the impact of restorative justice conferencing across different countries found that restorative justice processes result in higher rates of satisfaction for people who have been harmed than current criminal legal systems. In 2015, a study of Community Works West's restorative justice youth diversion program in the County of Alameda showed that restorative justice processes also reduce future acts of harm and violence and have been used with documented success in counties throughout the state.

(d) Restorative justice offers the opportunity to better meet the needs that arise when harm has been caused than the traditional criminal legal system.

(e) It is the intent of the Legislature to establish a victim's right to be informed of the availability and benefits of restorative justice programs.

SEC. 2.

The following rights are hereby established as the statutory rights of victims and witnesses of crimes:

(1) To be notified as soon as feasible that a court proceeding to which the victim or witness has been subpoenaed as a witness will not proceed as scheduled, provided the prosecuting attorney determines that the witness' attendance is not required.
(2) Upon request of the victim or a witness, to be informed by the prosecuting attorney of the final disposition of the case
(3) For the victim, the victim's parents or guardian if the victim is a minor, or the next of kin of the victim if the victim has died, to be notified of all sentencing proceedings, and of the right to appear, to reasonably express their views, have those views preserved by audio or video means.
(4) For the victim, the victim's parents or guardian if the victim is a minor, or the next of kin of the victim if the victim has died, to be notified of all juvenile disposition hearings in which the alleged act would have been a felony if committed by an adult, and of the right to attend and to express their views.
(5) Upon request by the victim or the next of kin of the victim if the victim has died, to be notified of any parole eligibility hearing and of the right to appear personally.
(6) Upon request by the victim or the next of kin of the victim if the crime was a homicide, to be notified of an inmate's placement in a reentry or work furlough program, or notified of the inmate's escape.
(7) For the victim, to be provided with information concerning the victim's right to civil recovery and the opportunity to be compensated restitution.
( 8 ) To the expeditious return of property that has allegedly been stolen or embezzled, when it is no longer needed as evidence
(9) To an expeditious disposition of the criminal action.
(10) To be notified, if applicable, if the defendant is to be placed on parole.
(11) For the victim, upon request, to be notified of any pretrial disposition of the case
(12) For the victim, to be notified by the offender's following subsequent offenses:
(A) Assault with intent to commit rape, sodomy, oral copulation
(13) When a victim has requested notification, the sheriff shall inform the victim that the person who was convicted of the offense has been ordered to be placed on probation, and give the victim notice of the proposed date upon which the person will be released from the custody of the sheriff.
(a) For the victim, to be notified of the availability of community-based restorative justice programs and processes available to them, including, but not limited to, programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation. The victim has a right to be notified as early and often as possible, including during the initial contact, during followup investigation, at the point of diversion, throughout the process of the case, and in post-conviction proceedings.

(b) Local law enforcement agencies shall make available copies of the materials described in subdivision (b) to victims and witnesses.

Sponsor: Christian Man
Occupying: Slot 18

Proposing an amendment to fix my error.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Amendment is Adopted

[Joseph Cao]

As previously stated, the long bit about restorative justice really has nothing to do with the rest of the bill. This renames the bill after what its text is actually oriented around and cleans up its structure.

Restorative Justice Enablement Rights of the Victim Act

Be it enacted by the Senate of the Republic of Atlasia assembled,

SECTION 1. Title & Background

1. The title of this legislation is duly hereby established as the Restorative Justice Enablement Rights of the Victim Act.

2. Whereas, the Senate recognizes the following:

(a). That it is important to recognize that offenders must right their wrongs in a facilitated and congenial process,
(b). That it is the right of the victim to be made aware of subsequent offenses and to establish their future protection,

(a) Restorative justice is a practice and theory rooted in and developed from indigenous practices. When put into practice, restorative justice is a community-based, non-punitive set of processes that center the needs of people who have been harmed. Restorative justice encourages accountability, healing, and repair when harm has occurred. These processes can include facilitated meetings between the person who was harmed, the person who harmed them, family members, and members of the community to discuss the causes and impact of the harm.

(b) Restorative justice processes often result in deep understanding of the harm caused, meaningful expressions of accountability, and agreements to take specific actions to repair harm, including personal or community service, engagement in employment or counseling, and payment of restitution. Restorative justice processes also provide an opportunity for victim or survivors to ask questions, share about the impact of harm, and engage in dialogue in ways that are not possible within the traditional criminal legal system.

(c) In 2015, a peer-reviewed study in the Journal of Experimental Criminology found that restorative justice processes can result in reduced feelings of fear, anger, post-traumatic stress symptoms, and depression for people who have been harmed. Researchers, including Dr. Mark Umbreit, studying the impact of restorative justice conferencing across different countries found that restorative justice processes result in higher rates of satisfaction for people who have been harmed than current criminal legal systems. In 2015, a study of Community Works West's restorative justice youth diversion program in the County of Alameda showed that restorative justice processes also reduce future acts of harm and violence and have been used with documented success in counties throughout the state.

(d) Restorative justice offers the opportunity to better meet the needs that arise when harm has been caused than the traditional criminal legal system.

(c). Therefore, it is the intent of the LegislatureSenate to establish a victim's right to be informed of the availability and benefits of restorative justice programs rights as part of its commitment to a fair and just criminal justice system.

SEC. 2.

The following rights are hereby established as the statutory rights of victims and witnesses of crimes:

(1) To be notified as soon as feasible that a court proceeding to which the victim or witness has been subpoenaed as a witness will not proceed as scheduled, provided the prosecuting attorney determines that the witness' attendance is not required.
(2) Upon request of the victim or a witness, to be informed by the prosecuting attorney of the final disposition of the case
(3) For the victim, the victim's parents or guardian if the victim is a minor, or the next of kin of the victim if the victim has died, to be notified of all sentencing proceedings, and of the right to appear, to reasonably express their views, have those views preserved by audio or video means.
(4) For the victim, the victim's parents or guardian if the victim is a minor, or the next of kin of the victim if the victim has died, to be notified of all juvenile disposition hearings in which the alleged act would have been a felony if committed by an adult, and of the right to attend and to express their views.
(5) Upon request by the victim or the next of kin of the victim if the victim has died, to be notified of any parole eligibility hearing and of the right to appear personally.
(6) Upon request by the victim or the next of kin of the victim if the crime was a homicide, to be notified of an inmate's placement in a reentry or work furlough program, or notified of the inmate's escape.
(7) For the victim, to be provided with information concerning the victim's right to civil recovery and the opportunity to be compensated restitution.
( 8 ) To the expeditious return of property that has allegedly been stolen or embezzled, when it is no longer needed as evidence
(9) To an expeditious disposition of the criminal action.
(10) To be notified, if applicable, if the defendant is to be placed on parole.
(11) For the victim, upon request, to be notified of any pretrial disposition of the case
(12) For the victim, to be notified by the offender's following subsequent offenses:
(A) Assault with intent to commit rape, sodomy, oral copulation
(13) When a victim has requested notification, the sheriff shall inform the victim that the person who was convicted of the offense has been ordered to be placed on probation, and give the victim notice of the proposed date upon which the person will be released from the custody of the sheriff.
(a) For the victim, to be notified of the availability of community-based restorative justice programs and processes available to them, including, but not limited to, programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation. The victim has a right to be notified as early and often as possible, including during the initial contact, during followup investigation, at the point of diversion, throughout the process of the case, and in post-conviction proceedings.

(b) Local law enforcement agencies shall make available copies of the materials described in subdivision (b) to victims and witnesses.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Amendment Adopted. Motion for a final vote.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

A final vote is beginning

Aye

[Vice President Christian Man]

Aye

[Dr. MB]

Nay

[At-Large Senator LouisvilleThunder]

Aye

[P. Clodius Pulcher did nothing wrong]

Nay

[fhtagn]

Aye

[Jay 🏳️‍⚧️]

Nay

[reagente]

Aye

[thumb21]

Aye

[RFayette]

Aye

[ChiefFireWaterMike]

Nay

[Pyro]

Nay

[Deep Dixieland Senator, Muad'dib (OSR MSR)]

Aye

[nerd73]

Nay

[Coastal Elitist]

Aye

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

PASSES 9-6-0-3

Rights of the Victim Act

Be it enacted by the Senate of the Republic of Atlasia assembled,

SECTION 1. Title & Background

1. The title of this legislation is duly hereby established as the Rights of the Victim Act.
2. Whereas, the Senate recongizes the following:

(a). That it is important to recognize that offenders must right their wrongs in a facilitated and congenial process.
(b). That it is the right of the victim to be made aware of subsequent offenses and to establish their future protection.
(c). Therefore, It is the intent of the Senate to establish a victim's rights as part of its commitment to a fair and just criminal justice system.


SEC. 2.

The following rights are hereby established as the statutory rights of victims and witnesses of crimes:

(1) To be notified as soon as feasible that a court proceeding to which the victim or witness has been subpoenaed as a witness will not proceed as scheduled, provided the prosecuting attorney determines that the witness' attendance is not required.
(2) Upon request of the victim or a witness, to be informed by the prosecuting attorney of the final disposition of the case
(3) For the victim, the victim's parents or guardian if the victim is a minor, or the next of kin of the victim if the victim has died, to be notified of all sentencing proceedings, and of the right to appear, to reasonably express their views, have those views preserved by audio or video means.
(4) For the victim, the victim's parents or guardian if the victim is a minor, or the next of kin of the victim if the victim has died, to be notified of all juvenile disposition hearings in which the alleged act would have been a felony if committed by an adult, and of the right to attend and to express their views.
(5) Upon request by the victim or the next of kin of the victim if the victim has died, to be notified of any parole eligibility hearing and of the right to appear personally.
(6) Upon request by the victim or the next of kin of the victim if the crime was a homicide, to be notified of an inmate's placement in a reentry or work furlough program, or notified of the inmate's escape.
(7) For the victim, to be provided with information concerning the victim's right to civil recovery and the opportunity to be compensated restitution.
( 8 ) To the expeditious return of property that has allegedly been stolen or embezzled, when it is no longer needed as evidence
(9) To an expeditious disposition of the criminal action.
(10) To be notified, if applicable, if the defendant is to be placed on parole.
(11) For the victim, upon request, to be notified of any pretrial disposition of the case
(12) For the victim, to be notified by the offender's following subsequent offenses:
(A) Assault with intent to commit rape, sodomy, oral copulation
(13) When a victim has requested notification, the sheriff shall inform the victim that the person who was convicted of the offense has been ordered to be placed on probation, and give the victim notice of the proposed date upon which the person will be released from the custody of the sheriff.
(a) For the victim, to be notified of the availability of community-based restorative justice programs and processes available to them, including, but not limited to, programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation. The victim has a right to be notified as early and often as possible, including during the initial contact, during followup investigation, at the point of diversion, throughout the process of the case, and in post-conviction proceedings.

(b) Local law enforcement agencies shall make available copies of the materials described in subdivision (b) to victims and witnesses.