Iowa General Assembly Banner

Text: HJR00001                          Text: HJR00003
Text: HJR00000 - HJR00099               Text: HJR Index
Bills and Amendments: General Index     Bill History: General Index

House Joint Resolution 2

Partial Bill History

Bill Text

  1  1    Section 1.  The following amendment to the Constitution of
  1  2 the State of Iowa is proposed:
  1  3    Article I of the Constitution of the State of Iowa is
  1  4 amended by adding the following new section which shall be
  1  5 applicable to criminal proceedings occurring after
  1  6 ratification of this amendment by the electorate:
  1  7    RIGHTS OF VICTIMS OF CRIME.  Sec. 10A.  An individual who
  1  8 has suffered physical, emotional, or financial harm as the
  1  9 result of a crime, public offense, or delinquent act committed
  1 10 in this state, other than a simple misdemeanor, as the General
  1 11 Assembly may by law provide, shall have the right to notice
  1 12 of, and to be present at, all public proceedings where the
  1 13 accused or convicted person has a right to be present; to be
  1 14 heard if present at any public proceeding related to the
  1 15 accused or convicted person involving a postrelease decision,
  1 16 a negotiated plea, sentencing, or a postconviction release
  1 17 from confinement; to be informed of any pretrial or posttrial
  1 18 release or escape of the accused or convicted person; to have
  1 19 that individual's safety considered as an element in
  1 20 determining the accused or convicted person's release from
  1 21 custody; to receive a final disposition of the case that is
  1 22 free from unreasonable delay; to receive restitution from the
  1 23 person convicted of the criminal conduct that caused pecuniary
  1 24 loss to the individual; and to be informed of the
  1 25 constitutional and statutory rights of victims of crime.
  1 26    An individual referred to in this section shall have
  1 27 standing to assert the rights established by this section.
  1 28 However, this section shall not be construed to create or
  1 29 support any cause of action by such an individual or by an
  1 30 accused or convicted person against the state, any political
  1 31 subdivision, or any public official; or to allow such an
  1 32 individual to challenge, or a court to set aside, any finding
  1 33 of guilt or acceptance of a plea of guilty in a criminal case.
  1 34    Sec. 2.  The foregoing amendment to the Constitution of the
  1 35 State of Iowa is referred to the General Assembly to be chosen
  2  1 at the next general election for members of the General
  2  2 Assembly, and the Secretary of State is directed to cause the
  2  3 same to be published for three consecutive months previous to
  2  4 the date of that election as provided by law.  
  2  5                           EXPLANATION
  2  6    This Joint Resolution proposes an amendment to the
  2  7 Constitution of the State of Iowa regarding the establishment
  2  8 of certain constitutional rights for the victims of criminal
  2  9 and juvenile delinquent offenses.  The resolution, if adopted,
  2 10 would be referred to the next general assembly, and if again
  2 11 adopted, would be submitted to the electorate for
  2 12 ratification, in accordance with the procedures detailed in
  2 13 Article X, section 1, of the Iowa Constitution.  
  2 14 LSB 1192YH 77
  2 15 jls/sc/14

Text: HJR00001                          Text: HJR00003
Text: HJR00000 - HJR00099               Text: HJR Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home Iowa General Assembly

index Search: House Bills and Amendments (77th General Assembly)

© 1997 Cornell College and League of Women Voters of Iowa


Last update: Wed Mar 12 09:11:40 CST 1997
URL: /DOCS/GA/77GA/Legislation/HJR/00000/HJR00002/970115.html