HJR 7 (LSB 1361HH (3) 86)

HOUSE JOINT RESOLUTION 7

BY  ANDERSON, HUNTER, ABDUL-SAMAD, SMITH, KELLEY, BROWN-POWERS, THEDE, H. MILLER, BERRY, McCONKEY, and DAWSON

HOUSE JOINT RESOLUTION

A Joint Resolution proposing an amendment to the Constitution of the State of Iowa relating to the rights of a crime victim.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  The following amendment to the Constitution of the State of Iowa is proposed:

   Article I of the Constitution of the State of Iowa is amended by adding the following new section:

   Crime victims —— rights.  SEC. 26.  The rights of a crime victim as the general assembly may by law define shall not be denied or abridged by the state, insofar as the constitutional rights of the accused are not denied or abridged. The victim of a crime shall have the right to be treated with fairness, respect, and dignity by the state. A victim shall also have the right to reasonable notice of public proceedings relating to the offense, to be consulted before pleas are entered and accepted, to be present at the sentencing, and to be free from unreasonable procedural delay in the case. The safety of the victim of a crime shall be considered by the court and the victim shall be entitled to restitution. The victim or a lawful representative of the victim has standing to fully assert and enforce these rights in any court. This section shall not provide grounds for a new trial for a defendant or any claim for damages against the government.
    Sec. 2.
  REFERRAL AND PUBLICATION.
  The foregoing proposed amendment to the Constitution of the State of Iowa is referred to the general assembly to be chosen at the next general election for members of the general assembly, and the secretary of state is directed to cause the proposed amendment to be published for three consecutive months previous to the date of that election as provided by law.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This joint resolution proposes an amendment to the Constitution of the State of Iowa relating to the rights of a crime victim.
   The joint resolution specifies that the rights of a crime victim as the general assembly may by law define shall not be denied or abridged by the state, insofar as the constitutional rights of the accused are not denied or abridged. The joint resolution provides that the victim of a crime shall have the right to be treated with fairness, respect, and dignity by the state. Furthermore, a victim shall have the right to reasonable notice of public proceedings relating to the offense, be consulted before pleas are entered and accepted, be present at the sentencing, and be free from unreasonable procedural delay in the case. The joint resolution specifies that the safety of the victim of a crime shall be considered by the court and the victim shall be entitled to restitution, and that the victim or a lawful representative of the victim has standing to fully assert and enforce these rights in any court. This joint resolution does not provide grounds for a new trial or any claim for damages against the government.
   The joint resolution, if adopted, would be published and then referred to the next general assembly (Eighty-seventh) for adoption a second time, before being submitted to the electorate for ratification.