victims-rights

Victim Services

SOUTH CAROLINA VICTIM’S BILL OF RIGHTS

ARTICLE I, SECTION 24
Passed January 22, 1998 at 1:50 PM

  1. Section 24. (A) To preserve and protect victims’ rights to justice and due process regardless of race, sex, age, religion, or economic status, victims of crime have the right to:
    • be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal and juvenile justice process, and informed of the victim’s constitutional rights, provided by statute;
    • be reasonably informed when the accused or convicted person is arrested, released from custody, or has escaped;
    • be informed of and present at any criminal proceedings which are dispositive of the charges where the defendant has the right to be present;
    • be reasonably informed of and be allowed to submit either a written or oral statement at all hearings affecting bond or bail;
    • be heard at any proceeding involving a post-arrest release decision, a plea, or sentencing;
    • be reasonably protected from the accused or persons acting on his behalf throughout the criminal justice process;
    • confer with the prosecution, after the crime against the victim has been charged, before the trial or before any disposition and informed of the disposition;
    • have reasonable access after the conclusion of the criminal investigation to all documents relating to the crime against the victim before trial;
    • receive prompt and full restitution from the person or persons convicted of the criminal conduct that caused the victim’s loss or injury including both adult and juvenile offenders;
    • be informed of any proceeding when any post-conviction action is being considered, and be present at any post-conviction hearing involving a post-conviction release decision;
    • a reasonable disposition and prompt and final conclusion of the case;
    • have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims’ rights and have these rules subject to amendment or repeal by the legislature to ensure protection of these rights.

Excerpt from the Constitution of South Carolina, Article I, Section 24.  (This is a condensed reference and is not intended to substitute for the law.)  READ MORE>>>

The penalty for violating the Victims’ Bill of Rights is:

  • Writ of mandamus, issued by Supreme Court or circuit court to require compliance
  • A willful failure to comply with a writ of mandamus is punishable as contempt

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