Text: HJR00008 Text: HJR00010 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 constitutional 2 8 protection for certain rights of the victims of criminal and 2 9 juvenile delinquent offenses, which shall be specified by 2 10 statute. The resolution, if adopted, would be referred to the 2 11 next general assembly, and if again adopted, would be 2 12 submitted to the electorate for ratification, in accordance 2 13 with the procedures detailed in Article X, section 1, of the 2 14 Iowa Constitution. 2 15 LSB 2781HH 78 2 16 jj/sc/14
Text: HJR00008 Text: HJR00010 Text: HJR00000 - HJR00099 Text: HJR Index Bills and Amendments: General Index Bill History: General Index
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