Bill Text: IA HJR7 | 2015-2016 | 86th 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 (Democrat 11-0)
Status: (Introduced - Dead) 2015-02-16 - Introduced, referred to Judiciary. H.J. 317. [HJR7 Detail]
Download: Iowa-2015-HJR7-Introduced.html
House Joint Resolution 7 - Introduced HOUSE JOINT RESOLUTION BY ANDERSON, HUNTER, ABDUL=SAMAD, SMITH, KELLEY, BROWN=POWERS, THEDE, H. MILLER, BERRY, McCONKEY, and DAWSON HOUSE JOINT RESOLUTION 1 A Joint Resolution proposing an amendment to the Constitution 2 of the State of Iowa relating to the rights of a crime 3 victim. 4 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1361HH (3) 86 jm/rj PAG LIN 1 1 Section 1. The following amendment to the Constitution of 1 2 the State of Iowa is proposed: 1 3 Article I of the Constitution of the State of Iowa is amended 1 4 by adding the following new section: 1 5 Crime victims ==== rights.SEC. 26. The rights of a crime 1 6 victim as the general assembly may by law define shall not be 1 7 denied or abridged by the state, insofar as the constitutional 1 8 rights of the accused are not denied or abridged. The victim 1 9 of a crime shall have the right to be treated with fairness, 1 10 respect, and dignity by the state. A victim shall also have 1 11 the right to reasonable notice of public proceedings relating 1 12 to the offense, to be consulted before pleas are entered and 1 13 accepted, to be present at the sentencing, and to be free 1 14 from unreasonable procedural delay in the case. The safety 1 15 of the victim of a crime shall be considered by the court and 1 16 the victim shall be entitled to restitution. The victim or 1 17 a lawful representative of the victim has standing to fully 1 18 assert and enforce these rights in any court. This section 1 19 shall not provide grounds for a new trial for a defendant or 1 20 any claim for damages against the government. 1 21 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 1 22 amendment to the Constitution of the State of Iowa is referred 1 23 to the general assembly to be chosen at the next general 1 24 election for members of the general assembly, and the secretary 1 25 of state is directed to cause the proposed amendment to be 1 26 published for three consecutive months previous to the date of 1 27 that election as provided by law. 1 28 EXPLANATION 1 29 The inclusion of this explanation does not constitute agreement with 1 30 the explanation's substance by the members of the general assembly. 1 31 This joint resolution proposes an amendment to the 1 32 Constitution of the State of Iowa relating to the rights of a 1 33 crime victim. 1 34 The joint resolution specifies that the rights of a crime 1 35 victim as the general assembly may by law define shall not be 2 1 denied or abridged by the state, insofar as the constitutional 2 2 rights of the accused are not denied or abridged. The joint 2 3 resolution provides that the victim of a crime shall have 2 4 the right to be treated with fairness, respect, and dignity 2 5 by the state. Furthermore, a victim shall have the right 2 6 to reasonable notice of public proceedings relating to the 2 7 offense, be consulted before pleas are entered and accepted, 2 8 be present at the sentencing, and be free from unreasonable 2 9 procedural delay in the case. The joint resolution specifies 2 10 that the safety of the victim of a crime shall be considered by 2 11 the court and the victim shall be entitled to restitution, and 2 12 that the victim or a lawful representative of the victim has 2 13 standing to fully assert and enforce these rights in any court. 2 14 This joint resolution does not provide grounds for a new trial 2 15 or any claim for damages against the government. 2 16 The joint resolution, if adopted, would be published and 2 17 then referred to the next general assembly (Eighty=seventh) 2 18 for adoption a second time, before being submitted to the 2 19 electorate for ratification. LSB 1361HH (3) 86 jm/rj
