LD 1372
pg. 2
Page 1 of 3 RESOLUTION, Proposing an Amendment to the Constitution of Maine To Establish a ... Page 3 of 3
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LR 2095
Item 1

 
to amendment or repeal by the Legislature to ensure the
protection of these rights; and

 
L.__To be informed of victims' constitutional rights.

 
2.__Not grounds for dismissal.__A victim's exercise of any
right granted by this section may not be grounds for dismissing
any criminal proceeding or setting aside any conviction or
sentence.

 
3.__Victim defined.__"Victim" means a person against whom a
criminal offense has been committed or, if the person is killed
or incapacitated, the person's spouse, parent, child or other
lawful representative, unless the spouse, parent, child or other
lawful representative is in custody for an offense or is the
accused.

 
4.__Legislative authority.__The Legislature, and the people by
initiative or referendum, have the authority to enact substantive
and procedural laws to define, implement, preserve and protect
the rights guaranteed to victims by this section, including the
authority to extend any of these rights to juvenile proceedings.

 
5.__Other rights not impaired.__The enumeration in the
Constitution of certain rights for victims may not be construed
to deny or disparage others granted.

 
; and be it
further

 
Constitutional referendum procedure; form of question; effective date. Resolved:
That the municipal officers of this State shall notify the
inhabitants of their respective cities, towns and plantations to
meet, in the manner prescribed by law for holding a statewide
election, at a statewide election, on the Tuesday following the
first Monday of November following the passage of this
resolution, to vote upon the ratification of the amendment
proposed in this resolution by voting upon the following
question:

 
"Do you favor amending the Constitution of Maine to enact a
Victims' Bill of Rights, designed to ensure specific rights
to victims of crime?"

 
The legal voters of each city, town and plantation shall vote
by ballot on this question and designate their choice by a cross
or check mark placed within the corresponding square below the
word "Yes" or "No." The ballots must be received, sorted,
counted and declared in open ward, town and plantation meetings
and returns made to the Secretary of State in the same manner as
votes for members of the Legislature. The Governor shall review
the returns and, if it appears that a majority of the legal votes
are cast in favor of the amendment, the Governor shall proclaim


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