Senate Study Bill 1215 - Introduced SENATE JOINT RESOLUTION _____ BY (PROPOSED COMMITTEE ON JUDICIARY RESOLUTION BY CHAIRPERSON ZAUN) 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 TLSB 1927XC (4) 88 as/rh

S.J.R. _____ 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 Sec. 26. Crime victims —— rights. The victim of a 5 crime shall have the right to be treated with fairness and 6 dignity, with respect for their safety and privacy, and to be 7 informed of their rights under Iowa law. A victim includes 8 the immediate family members of a victim who died or was 9 rendered incompetent as a result of the offense or who was 10 under eighteen years of age at the time of the offense. The 11 rights of a victim as defined by the general assembly shall 12 not be denied or abridged by the state, secondary to the 13 constitutional rights of the defendant. Upon request, a victim 14 shall have the right to timely notice of and to be present 15 at proceedings related to the criminal offense; to be timely 16 notified, present, and heard at proceedings related to the 17 victim’s rights and the defendant’s sentencing, parole, and any 18 other disposition; to be timely notified of the defendant’s 19 incarceration location, release, escape, furlough, move to 20 community corrections, work release, or death; to receive 21 a copy of the defendant’s conditions of release; and to 22 restitution for pecuniary loss related to the crime. A victim 23 shall have the right to refuse an interview, deposition, or 24 other discovery request made by the defendant, the defendant’s 25 counsel, or any person acting on behalf of the defendant. A 26 victim or a lawful representative of the victim has the right 27 to assert these rights in any court. This section shall not 28 provide grounds for a new trial for a defendant or any claim 29 for damages against the government or any officer, employee, or 30 agent of the government, or any governmental entity. 31 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 32 amendment to the Constitution of the State of Iowa is referred 33 to the general assembly to be chosen at the next general 34 election for members of the general assembly, and the secretary 35 -1- LSB 1927XC (4) 88 as/rh 1/ 3

S.J.R. _____ of state is directed to cause the proposed amendment to be 1 published for three consecutive months previous to the date of 2 that election as provided by law. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This joint resolution proposes an amendment to the 7 Constitution of the State of Iowa relating to the rights of a 8 crime victim. 9 The joint resolution specifies that the victim of a crime 10 shall have the right to be treated with fairness and dignity, 11 with respect for the victim’s safety and privacy, and to be 12 informed of all their rights under Iowa law. A victim includes 13 the immediate family members of a victim who died, was rendered 14 incompetent as a result of the offense, or was under 18 years 15 of age at the time of the offense. The rights of a victim 16 as defined by the general assembly shall not be denied or 17 abridged by the state, secondary to the constitutional rights 18 of the defendant. Upon request, a victim shall have the right 19 to timely notice of and to be present at proceedings related 20 to the criminal offense; to be timely notified, present, and 21 heard at proceedings related to the victim’s rights and the 22 defendant’s sentencing, parole, and any other disposition; to 23 be timely notified of the defendant’s incarceration location, 24 release, escape, furlough, move to community corrections, work 25 release, or death; to a copy of the defendant’s conditions 26 of release; and to restitution for pecuniary loss related to 27 the crime. A victim has the right to refuse an interview, 28 deposition, or other discovery request made by the defendant, 29 the defendant’s counsel, or any person acting on behalf of 30 the defendant. A victim or a lawful representative of the 31 victim has the right to assert these rights in any court. The 32 joint resolution shall not provide grounds for a new trial for 33 a defendant or any claim for damages against the government 34 or any officer, employee, or agent of the government, or any 35 -2- LSB 1927XC (4) 88 as/rh 2/ 3

S.J.R. _____ governmental entity. 1 The joint resolution, if adopted, would be published and 2 then referred to the next general assembly (89th) for adoption 3 a second time, before being submitted to the electorate for 4 ratification. 5 -3- LSB 1927XC (4) 88 as/rh 3/ 3