House
Joint
Resolution
2006
-
Introduced
HOUSE
JOINT
RESOLUTION
2006
BY
ANDERSON
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
TLSB
5197YH
(3)
85
jm/rj
H.J.R.
2006
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
Crime
Victims
——
Rights.
SEC.
26.
The
rights
of
a
crime
5
victim
as
the
general
assembly
may
by
law
define
shall
not
be
6
denied
or
abridged
by
the
state,
insofar
as
the
constitutional
7
rights
of
the
accused
are
not
denied
or
abridged.
The
victim
8
of
a
crime
shall
have
the
right
to
be
treated
with
fairness,
9
respect,
and
dignity
by
the
state.
A
victim
shall
also
have
10
the
right
to
reasonable
notice
of
public
proceedings
relating
11
to
the
offense,
to
be
consulted
before
pleas
are
entered
and
12
accepted,
to
be
present
at
the
sentencing,
and
to
be
free
13
from
unreasonable
procedural
delay
in
the
case.
The
safety
14
of
the
victim
of
a
crime
shall
be
considered
by
the
court
and
15
the
victim
shall
be
entitled
to
restitution.
The
victim
or
16
a
lawful
representative
of
the
victim
has
standing
to
fully
17
assert
and
enforce
these
rights
in
any
court.
This
section
18
shall
not
provide
grounds
for
a
new
trial
for
a
defendant
or
19
any
claim
for
damages
against
the
government.
20
Sec.
2.
REFERRAL
AND
PUBLICATION.
The
foregoing
proposed
21
amendment
to
the
Constitution
of
the
State
of
Iowa
is
referred
22
to
the
general
assembly
to
be
chosen
at
the
next
general
23
election
for
members
of
the
general
assembly,
and
the
secretary
24
of
state
is
directed
to
cause
the
proposed
amendment
to
be
25
published
for
three
consecutive
months
previous
to
the
date
of
26
that
election
as
provided
by
law.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
joint
resolution
proposes
an
amendment
to
the
31
Constitution
of
the
State
of
Iowa
relating
to
the
rights
of
a
32
crime
victim.
33
The
joint
resolution
specifies
that
the
rights
of
a
crime
34
victim
as
the
general
assembly
may
by
law
define
shall
not
be
35
-1-
LSB
5197YH
(3)
85
jm/rj
1/
2
H.J.R.
2006
denied
or
abridged
by
the
state,
insofar
as
the
constitutional
1
rights
of
the
accused
are
not
denied
or
abridged.
The
joint
2
resolution
provides
that
the
victim
of
a
crime
shall
have
3
the
right
to
be
treated
with
fairness,
respect,
and
dignity
4
by
the
state.
Furthermore,
a
victim
shall
have
the
right
5
to
reasonable
notice
of
public
proceedings
relating
to
the
6
offense,
be
consulted
before
pleas
are
entered
and
accepted,
7
be
present
at
the
sentencing,
and
be
free
from
unreasonable
8
procedural
delay
in
the
case.
The
joint
resolution
specifies
9
that
the
safety
of
the
victim
of
a
crime
shall
be
considered
by
10
the
court
and
the
victim
shall
be
entitled
to
restitution,
and
11
that
the
victim
or
a
lawful
representative
of
the
victim
has
12
standing
to
fully
assert
and
enforce
these
rights
in
any
court.
13
This
joint
resolution
does
not
provide
grounds
for
a
new
trial
14
or
any
claim
for
damages
against
the
government.
15
The
joint
resolution,
if
adopted,
would
be
published
and
16
then
referred
to
the
next
general
assembly
(Eighty-sixth)
17
for
adoption
a
second
time,
before
being
submitted
to
the
18
electorate
for
ratification.
19
-2-
LSB
5197YH
(3)
85
jm/rj
2/
2