Bill Text: IA HJR11 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the rights of a crime victim.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-02-28 - Subcommittee recommends amendment and passage. [HJR11 Detail]
Download: Iowa-2019-HJR11-Introduced.html
House
Joint
Resolution
11
-
Introduced
HOUSE
JOINT
RESOLUTION
11
BY
HINSON
and
JONES
HOUSE
JOINT
RESOLUTION
A
Joint
Resolution
proposing
an
amendment
to
the
Constitution
1
of
the
State
of
Iowa
relating
to
the
rights
of
a
crime
2
victim.
3
BE
IT
RESOLVED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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H.J.R.
11
Section
1.
The
following
amendment
to
the
Constitution
of
1
the
State
of
Iowa
is
proposed:
2
Article
I
of
the
Constitution
of
the
State
of
Iowa
is
amended
3
by
adding
the
following
new
section:
4
Sec.
26.
Crime
victims
——
rights.
The
victim
of
a
5
crime
shall
have
the
right
to
be
treated
with
fairness
and
6
dignity,
with
respect
for
their
safety
and
privacy,
and
to
be
7
informed
of
their
rights
under
Iowa
law.
A
victim
includes
8
the
immediate
family
members
of
a
victim
who
died
or
was
9
rendered
incompetent
as
a
result
of
the
offense
or
who
was
10
under
eighteen
years
of
age
at
the
time
of
the
offense.
The
11
rights
of
a
victim
as
defined
by
the
general
assembly
shall
12
not
be
denied
or
abridged
by
the
state,
secondary
to
the
13
constitutional
rights
of
the
defendant.
Upon
request,
a
victim
14
shall
have
the
right
to
timely
notice
of
and
to
be
present
15
at
proceedings
related
to
the
criminal
offense;
to
be
timely
16
notified,
present,
and
heard
at
proceedings
related
to
the
17
victim’s
rights
and
the
defendant’s
sentencing,
parole,
and
any
18
other
disposition;
to
be
timely
notified
of
the
defendant’s
19
incarceration
location,
release,
escape,
furlough,
move
to
20
community
corrections,
work
release,
or
death;
to
receive
21
a
copy
of
the
defendant’s
conditions
of
release;
and
to
22
restitution
for
pecuniary
loss
related
to
the
crime.
A
victim
23
shall
have
the
right
to
refuse
an
interview,
deposition,
or
24
other
discovery
request
made
by
the
defendant,
the
defendant’s
25
counsel,
or
any
person
acting
on
behalf
of
the
defendant.
A
26
victim
or
a
lawful
representative
of
the
victim
has
the
right
27
to
assert
these
rights
in
any
court.
This
section
shall
not
28
provide
grounds
for
a
new
trial
for
a
defendant
or
any
claim
29
for
damages
against
the
government
or
any
officer,
employee,
or
30
agent
of
the
government,
or
any
governmental
entity.
31
Sec.
2.
REFERRAL
AND
PUBLICATION.
The
foregoing
proposed
32
amendment
to
the
Constitution
of
the
State
of
Iowa
is
referred
33
to
the
general
assembly
to
be
chosen
at
the
next
general
34
election
for
members
of
the
general
assembly,
and
shall
be
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published
as
provided
by
law
for
three
consecutive
months
1
previous
to
the
date
of
that
election.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
joint
resolution
proposes
an
amendment
to
the
6
Constitution
of
the
State
of
Iowa
relating
to
the
rights
of
a
7
crime
victim.
8
The
joint
resolution
specifies
that
the
victim
of
a
crime
9
shall
have
the
right
to
be
treated
with
fairness
and
dignity,
10
with
respect
for
the
victim’s
safety
and
privacy,
and
to
be
11
informed
of
all
their
rights
under
Iowa
law.
A
victim
includes
12
the
immediate
family
members
of
a
victim
who
died,
was
rendered
13
incompetent
as
a
result
of
the
offense,
or
was
under
18
years
14
of
age
at
the
time
of
the
offense.
The
rights
of
a
victim
15
as
defined
by
the
general
assembly
shall
not
be
denied
or
16
abridged
by
the
state,
secondary
to
the
constitutional
rights
17
of
the
defendant.
Upon
request,
a
victim
shall
have
the
right
18
to
timely
notice
of
and
to
be
present
at
proceedings
related
19
to
the
criminal
offense;
to
be
timely
notified,
present,
and
20
heard
at
proceedings
related
to
the
victim’s
rights
and
the
21
defendant’s
sentencing,
parole,
and
any
other
disposition;
to
22
be
timely
notified
of
the
defendant’s
incarceration
location,
23
release,
escape,
furlough,
move
to
community
corrections,
work
24
release,
or
death;
to
a
copy
of
the
defendant’s
conditions
25
of
release;
and
to
restitution
for
pecuniary
loss
related
to
26
the
crime.
A
victim
has
the
right
to
refuse
an
interview,
27
deposition,
or
other
discovery
request
made
by
the
defendant,
28
the
defendant’s
counsel,
or
any
person
acting
on
behalf
of
29
the
defendant.
A
victim
or
a
lawful
representative
of
the
30
victim
has
the
right
to
assert
these
rights
in
any
court.
The
31
joint
resolution
shall
not
provide
grounds
for
a
new
trial
for
32
a
defendant
or
any
claim
for
damages
against
the
government
33
or
any
officer,
employee,
or
agent
of
the
government,
or
any
34
governmental
entity.
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