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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 violent crime or a public offense committed in
1 10 this state, other than a simple misdemeanor, as the General
1 11 Assembly may by law provide, shall have the right to be
1 12 treated with fairness, respect, privacy, and dignity, and to
1 13 be free from intimidation, harassment, and abuse during all
1 14 public proceedings relating to the crime or public offense; to
1 15 be present at all public proceedings where the accused or
1 16 convicted person has a right to be present; to be heard if
1 17 present at any public proceeding related to the accused or
1 18 convicted person involving a postrelease decision, a
1 19 negotiated plea, sentencing, or a postconviction release from
1 20 confinement; to be informed of all public proceedings relating
1 21 to the crime; to communicate with the prosecution; to be
1 22 informed of any pretrial or posttrial release or escape of the
1 23 accused or convicted person; to receive a final disposition of
1 24 the case that is free from unreasonable delay; to receive
1 25 restitution from the person convicted of the criminal conduct
1 26 that caused pecuniary loss to the individual; and to be
1 27 informed of the constitutional and statutory rights of victims
1 28 of crime.
1 29 An individual referred to in this section shall have
1 30 standing to assert the rights established by this section.
1 31 However, this section shall not be construed to create or
1 32 support any cause of action by such an individual or by an
1 33 accused or convicted person against the state, any political
1 34 subdivision, or any public official; or to allow such an
1 35 individual to challenge, or a court to set aside, any finding
2 1 of guilt or acceptance of a plea of guilty in a criminal case.
2 2 Sec. 2. The foregoing amendment to the Constitution of the
2 3 State of Iowa is referred to the General Assembly to be chosen
2 4 at the next general election for members of the General
2 5 Assembly, and the Secretary of State is directed to cause the
2 6 same to be published for three consecutive months previous to
2 7 the date of that election as provided by law.
2 8 EXPLANATION
2 9 This Joint Resolution proposes an amendment to the
2 10 Constitution of the State of Iowa regarding the establishment
2 11 of certain constitutional rights for the victims of criminal
2 12 offenses. The resolution, if adopted, would be referred to
2 13 the next general assembly, and if again adopted, would be
2 14 submitted to the electorate for ratification, in accordance
2 15 with the procedures detailed in Article X, section 1 of the
2 16 Iowa Constitution.
2 17 LSB 1511XL 77
2 18 jls/sc/14
Text: SSB00035 Text: SSB00037 Text: SSB00000 - SSB00099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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