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