SSB 1215 (LSB 1927XC (4) 88)

SENATE JOINT RESOLUTION _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY RESOLUTION BY CHAIRPERSON ZAUN)

SENATE 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:
   Sec. 26.  Crime victims —— rights.  The victim of a crime shall have the right to be treated with fairness and dignity, with respect for their safety and privacy, and to be informed of their rights under Iowa law. A victim includes the immediate family members of a victim who died or was rendered incompetent as a result of the offense or who was under eighteen years of age at the time of the offense. The rights of a victim as defined by the general assembly shall not be denied or abridged by the state, secondary to the constitutional rights of the defendant. Upon request, a victim shall have the right to timely notice of and to be present at proceedings related to the criminal offense; to be timely notified, present, and heard at proceedings related to the victim’s rights and the defendant’s sentencing, parole, and any other disposition; to be timely notified of the defendant’s incarceration location, release, escape, furlough, move to community corrections, work release, or death; to receive a copy of the defendant’s conditions of release; and to restitution for pecuniary loss related to the crime. A victim shall have the right to refuse an interview, deposition, or other discovery request made by the defendant, the defendant’s counsel, or any person acting on behalf of the defendant. A victim or a lawful representative of the victim has the right to assert 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 or any officer, employee, or agent of the government, or any governmental entity.
    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 victim of a crime shall have the right to be treated with fairness and dignity, with respect for the victim’s safety and privacy, and to be informed of all their rights under Iowa law. A victim includes the immediate family members of a victim who died, was rendered incompetent as a result of the offense, or was under 18 years of age at the time of the offense. The rights of a victim as defined by the general assembly shall not be denied or abridged by the state, secondary to the constitutional rights of the defendant. Upon request, a victim shall have the right to timely notice of and to be present at proceedings related to the criminal offense; to be timely notified, present, and heard at proceedings related to the victim’s rights and the defendant’s sentencing, parole, and any other disposition; to be timely notified of the defendant’s incarceration location, release, escape, furlough, move to community corrections, work release, or death; to a copy of the defendant’s conditions of release; and to restitution for pecuniary loss related to the crime. A victim has the right to refuse an interview, deposition, or other discovery request made by the defendant, the defendant’s counsel, or any person acting on behalf of the defendant. A victim or a lawful representative of the victim has the right to assert these rights in any court. The joint resolution shall not provide grounds for a new trial for a defendant or any claim for damages against the government or any officer, employee, or agent of the government, or any governmental entity.
   The joint resolution, if adopted, would be published and then referred to the next general assembly (89th) for adoption a second time, before being submitted to the electorate for ratification.