Senate
Joint
Resolution
2010
-
Introduced
SENATE
JOINT
RESOLUTION
2010
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3040)
SENA
TE
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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2010
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.
To
secure
justice
and
5
due
process
for
a
crime
victim
throughout
the
criminal
and
6
juvenile
justice
system,
a
victim
shall
have
rights
which
shall
7
be
protected
in
a
manner
not
less
than
the
rights
afforded
8
a
defendant.
A
victim
shall
have
the
right
to
be
treated
9
with
fairness
and
dignity
by
the
state,
and
the
victim’s
10
safety
and
privacy
shall
be
respected.
A
victim
is
any
person
11
who
is
harmed
as
a
direct
result
of
any
indictable
offense
12
or
comparable
delinquent
act,
or
any
nonindictable
offense
13
or
comparable
delinquent
act
involving
an
act
or
threat
of
14
violence.
A
victim
shall
have
the
right
to
be
informed
of
all
15
rights
enumerated
in
this
section.
Upon
request,
a
victim
16
shall
have
the
right
to
reasonable
and
timely
notice
of
all
17
court
proceedings
involving
a
criminal
offense
or
delinquent
18
act;
to
be
present
at
all
court
proceedings;
and
to
be
heard
19
in
any
proceeding
involving
a
release,
plea,
sentencing,
20
disposition,
parole,
and
any
other
proceeding
during
which
a
21
right
of
the
victim
is
implicated.
A
victim
shall
be
afforded
22
no-contact
orders
or
release
conditions
issued
by
the
court
23
which
are
reasonably
necessary
to
protect
the
victim
and
shall
24
be
provided
notice
of
any
release
or
escape
of
the
defendant.
25
A
victim
shall
be
entitled
to
full
and
timely
restitution,
26
proceedings
free
from
unreasonable
delay,
and
the
prompt
27
conclusion
of
a
criminal
case.
A
victim
shall
have
the
right
28
to
confer
with
the
attorney
for
the
government.
29
The
victim,
the
victim’s
attorney
or
other
lawful
30
representative,
or
the
attorney
for
the
government
upon
request
31
of
the
victim,
may
assert
and
enforce
the
rights
enumerated
32
in
this
section
and
any
other
right
afforded
the
victim
by
33
law.
The
court
or
other
authority
with
jurisdiction
shall
34
act
promptly
on
such
a
request.
This
section
does
not
create
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any
cause
of
action
for
compensation
or
damages
against
1
the
government
or
any
officer,
employee,
or
agent
of
the
2
government,
or
any
governmental
entity.
3
A
victim
does
not
include
the
defendant
or
a
person
the
court
4
finds
would
not
act
in
the
best
interests
of
a
victim
who
is
5
deceased,
incompetent,
or
incapacitated,
or
a
minor.
6
Sec.
2.
REFERRAL
AND
PUBLICATION.
The
foregoing
proposed
7
amendment
to
the
Constitution
of
the
State
of
Iowa
is
referred
8
to
the
general
assembly
to
be
chosen
at
the
next
general
9
election
for
members
of
the
general
assembly,
and
the
secretary
10
of
state
is
directed
to
cause
the
proposed
amendment
to
be
11
published
for
three
consecutive
months
previous
to
the
date
of
12
that
election
as
provided
by
law.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
joint
resolution
proposes
an
amendment
to
the
17
Constitution
of
the
State
of
Iowa
relating
to
the
rights
of
a
18
crime
victim.
19
The
joint
resolution
specifies
that
in
order
to
secure
20
justice
and
due
process
for
a
crime
victim
throughout
the
21
criminal
and
juvenile
justice
system,
a
victim
shall
have
22
rights
which
shall
be
protected
in
a
manner
not
less
than
the
23
rights
afforded
a
defendant.
24
The
resolution
specifies
that
a
victim
is
any
person
who
25
is
harmed
as
a
direct
result
of
any
indictable
offense
or
26
comparable
delinquent
act,
or
any
nonindictable
offense
27
or
comparable
delinquent
act
involving
an
act
or
threat
of
28
violence.
A
victim
does
not
include
the
defendant
or
a
person
29
the
court
finds
would
not
act
in
the
best
interests
of
a
victim
30
who
is
deceased,
incompetent,
or
incapacitated,
or
a
minor.
31
The
resolution
requires
that
a
victim
have
the
right
to
32
be
treated
with
fairness
and
dignity
by
the
state,
and
the
33
victim’s
safety
and
privacy
shall
be
respected.
A
victim
shall
34
have
the
right
to
be
informed
of
all
rights
enumerated
in
the
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resolution.
Upon
request
of
a
victim,
the
resolution
requires
1
the
victim
shall
have
the
right
to
reasonable
and
timely
2
notice
of
all
court
proceedings
involving
a
criminal
offense
3
or
delinquent
act;
to
be
present
at
all
court
proceedings;
4
and
to
be
heard
in
any
proceeding
involving
a
release,
plea,
5
sentencing,
disposition,
parole,
and
any
other
proceeding
6
during
which
a
right
of
the
victim
is
implicated.
A
victim
7
shall
be
afforded
no-contact
orders
or
release
conditions
8
issued
by
the
court
which
are
reasonably
necessary
to
protect
9
the
victim
and
shall
be
provided
notice
of
any
release
or
10
escape
of
the
defendant.
A
victim
shall
be
entitled
to
full
11
and
timely
restitution,
proceedings
free
from
unreasonable
12
delay,
and
the
prompt
conclusion
of
a
criminal
case.
A
victim
13
shall
have
the
right
to
confer
with
the
attorney
for
the
14
government.
15
The
victim,
the
victim’s
attorney
or
other
lawful
16
representative,
or
the
attorney
for
the
government
upon
request
17
of
the
victim,
may
assert
and
enforce
the
rights
enumerated
18
in
the
resolution
and
any
other
right
afforded
the
victim
by
19
law.
The
court
or
other
authority
with
jurisdiction
shall
20
act
promptly
on
such
a
request.
The
resolution
does
not
21
create
any
cause
of
action
for
compensation
or
damages
against
22
the
government
or
any
officer,
employee,
or
agent
of
the
23
government,
or
any
governmental
entity.
24
The
resolution,
if
adopted,
would
be
published
and
then
25
referred
to
the
next
general
assembly
(88th)
for
adoption
a
26
second
time,
before
being
submitted
to
the
electorate
for
27
ratification.
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