HJR 2003 (LSB 5459HH (5) 87)

HOUSE JOINT RESOLUTION 2003

BY  HINSON and ANDERSON

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.  To secure justice and due process for a crime victim throughout the criminal and juvenile justice system, a victim shall have rights which shall be protected in a manner not less than the rights afforded a defendant. A victim shall have the right to be treated with fairness and dignity by the state, and the victim’s safety and privacy shall be respected. A victim shall have the right to reasonable and timely notice of all proceedings involving a criminal offense or delinquent act, to be present at all proceedings, and to be heard in any proceeding involving a release, plea, sentencing, disposition, parole, and any other proceeding during which a right of the victim is implicated. A victim shall be reasonably protected from the defendant or any person acting on behalf of the defendant, and be provided notice of any release or escape of the defendant. A victim shall have the right to refuse an interview, deposition, or other discovery request made by the defendant or any person acting on behalf of the defendant. A victim shall be entitled to full and timely restitution, proceedings free from unreasonable delay, and a prompt conclusion of a criminal case. A victim, upon request, shall have the right to confer with the attorney for the government, and to be informed of all rights enumerated in this section.
   The victim, the victim’s attorney or other lawful representative, or the attorney for the government upon request of the victim, may assert and enforce the rights enumerated in this section and any other right afforded the victim by law. The court or other authority with jurisdiction shall act promptly on such a request. This section does not create any cause of action for compensation or damages against the government or any officer, employee, or agent of the government.
   A victim includes any person who is directly and proximately harmed by the commission of a criminal offense or delinquent act. A victim does not include the defendant or a person the court finds would not act in the best interests of a victim who is deceased, incompetent, or incapacitated, or a minor.
    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 shall be protected in a manner not less than the rights afforded a defendant. The joint resolution provides that a victim shall have the right to be treated with fairness and dignity by the state, and the victim’s safety and privacy shall be respected. A victim shall have the right to reasonable and timely notice of all proceedings involving a criminal offense or delinquent act, to be present at all proceedings, and to be heard at such proceedings. The joint resolution provides that the victim shall have the right to refuse an interview, deposition, or other discovery request made by the defendant or any person acting on behalf of the defendant. The joint resolution provides that a victim shall be entitled to full and timely restitution, proceedings free from unreasonable delay, and a prompt conclusion of a criminal case. Furthermore, a victim, upon request, shall have the right to confer with the attorney for the government, and to be informed of all rights enumerated in the joint resolution. The joint resolution does not create any cause of action for compensation or damages against the government or any officer, employee, or agent of the government.
   The joint resolution provides that a victim includes any person who is directly and proximately harmed by the commission of a criminal offense or delinquent act, and does not include the defendant or a person the court finds would not act in the best interests of a victim who is deceased, incompetent, or incapacitated, or a minor.
   The resolution, if adopted, would be published and then referred to the next general assembly (88th) for adoption a second time, before being submitted to the electorate for ratification.