Section 1. Are you in favor of creating a new section of the Constitution of Kentucky relating to crime
victims, as proposed in Section 2 below?

SECTION 2. IT IS PROPOSED THAT A NEW SECTION BE ADDED TO THE CONSTITUTION OF
KENTUCKY TO READ AS FOLLOWS:
To secure for victims of criminal acts or public offenses justice and due process and to ensure crime
victims a meaningful role throughout the criminal and juvenile justice systems, a victim, as defined by law
which takes effect upon the enactment of this section and which may be expanded by the General
Assembly, shall have the following rights, which shall be respected and protected by law in a manner no
less vigorous than the protections afforded to the accused in the criminal and juvenile justice systems:
victims shall have the reasonable right, upon request, to timely notice of all proceedings and to be heard
in any proceeding involving a release, plea, sentencing, or in the consideration of any pardon,
commutation of sentence, granting of a reprieve, or other matter involving the right of a victim other than
grand jury proceedings; the right to be present at the trial and all other proceedings, other than grand
jury proceedings, on the same basis as the accused; the right to proceedings free from unreasonable
delay; the right to consult with the attorney for the Commonwealth or the attorney's designee; the right to
reasonable protection from the accused and those acting on behalf of the accused throughout th

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Section 1. Are you in favor of creating a new section of the Constitution of Kentucky relating to crime
victims, as proposed in Section 2 below?

SECTION 2. IT IS PROPOSED THAT A NEW SECTION BE ADDED TO THE CONSTITUTION OF
KENTUCKY TO READ AS FOLLOWS:
To secure for victims of criminal acts or public offenses justice and due process and to ensure crime
victims a meaningful role throughout the criminal and juvenile justice systems, a victim, as defined by law
which takes effect upon the enactment of this section and which may be expanded by the General
Assembly, shall have the following rights, which shall be respected and protected by law in a manner no
less vigorous than the protections afforded to the accused in the criminal and juvenile justice systems:
victims shall have the reasonable right, upon request, to timely notice of all proceedings and to be heard
in any proceeding involving a release, plea, sentencing, or in the consideration of any pardon,
commutation of sentence, granting of a reprieve, or other matter involving the right of a victim other than
grand jury proceedings; the right to be present at the trial and all other proceedings, other than grand
jury proceedings, on the same basis as the accused; the right to proceedings free from unreasonable
delay; the right to consult with the attorney for the Commonwealth or the attorney's designee; the right to
reasonable protection from the accused and those acting on behalf of the accused throughout the
criminal and juvenile justice process; the right to timely notice, upon request, of release or escape of the
accused; the right to have the safety of the victim and the victim’s family considered in setting bail,
determining whether to release the defendant, and setting conditions of release after arrest and
conviction; the right to full restitution to be paid by the convicted or adjudicated party in a manner to be
determined by the court, except that in the case of a juvenile offender the court shall determine the
amount and manner of paying the restitution taking into consideration the best interests of the juvenile
offender and the victim; the right to fairness and due consideration of the crime victim's safety, dignity,
and privacy; and the right to be informed of these enumerated rights, and shall have standing to assert
these rights. The victim, the victim's attorney or other lawful representative, or the attorney for the
Commonwealth upon request of the victim may seek enforcement of the rights enumerated in this section
and any other right afforded to the victim by law in any trial or appellate court with jurisdiction over the
case. The court shall act promptly on such a request and afford a remedy for the violation of any right.
Nothing in this section shall afford the victim party status, or be construed as altering the presumption of
innocence in the criminal justice system. The accused shall not have standing to assert the rights of a
victim. Nothing in this section shall be construed to alter the powers, duties, and responsibilities of the
prosecuting attorney. Nothing in this section or any law enacted under this section creates a cause of
action for compensation, attorney's fees, or damages against the Commonwealth, a county, city,
municipal corporation, or other political subdivision of the Commonwealth, an officer, employee, or agent
of the Commonwealth, a county, city, municipal corporation, or any political subdivision of the
Commonwealth, or an officer or employee of the court. Nothing in this section or any law enacted under
this section shall be construed as creating:

(1) A basis for vacating a conviction; or
(2) A ground for any relief requested by the defendant.

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