House Joint Resolution 2003 - Introduced HOUSE JOINT RESOLUTION 2003 BY HINSON and ANDERSON HOUSE JOINT RESOLUTION A Joint Resolution proposing an amendment to the Constitution 1 of the State of Iowa relating to the rights of a crime 2 victim. 3 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5459HH (5) 87 jm/rh

H.J.R. 2003 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 Article I of the Constitution of the State of Iowa is amended 3 by adding the following new section: 4 Crime victims —— rights. SEC. 26. To secure justice and 5 due process for a crime victim throughout the criminal and 6 juvenile justice system, a victim shall have rights which shall 7 be protected in a manner not less than the rights afforded a 8 defendant. A victim shall have the right to be treated with 9 fairness and dignity by the state, and the victim’s safety and 10 privacy shall be respected. A victim shall have the right 11 to reasonable and timely notice of all proceedings involving 12 a criminal offense or delinquent act, to be present at all 13 proceedings, and to be heard in any proceeding involving a 14 release, plea, sentencing, disposition, parole, and any other 15 proceeding during which a right of the victim is implicated. 16 A victim shall be reasonably protected from the defendant or 17 any person acting on behalf of the defendant, and be provided 18 notice of any release or escape of the defendant. A victim 19 shall have the right to refuse an interview, deposition, 20 or other discovery request made by the defendant or any 21 person acting on behalf of the defendant. A victim shall be 22 entitled to full and timely restitution, proceedings free from 23 unreasonable delay, and a prompt conclusion of a criminal case. 24 A victim, upon request, shall have the right to confer with the 25 attorney for the government, and to be informed of all rights 26 enumerated in this section. 27 The victim, the victim’s attorney or other lawful 28 representative, or the attorney for the government upon request 29 of the victim, may assert and enforce the rights enumerated 30 in this section and any other right afforded the victim by 31 law. The court or other authority with jurisdiction shall 32 act promptly on such a request. This section does not create 33 any cause of action for compensation or damages against 34 the government or any officer, employee, or agent of the 35 -1- LSB 5459HH (5) 87 jm/rh 1/ 3

H.J.R. 2003 government. 1 A victim includes any person who is directly and proximately 2 harmed by the commission of a criminal offense or delinquent 3 act. A victim does not include the defendant or a person the 4 court finds would not act in the best interests of a victim who 5 is deceased, incompetent, or incapacitated, or a minor. 6 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 7 amendment to the Constitution of the State of Iowa is referred 8 to the general assembly to be chosen at the next general 9 election for members of the general assembly, and the secretary 10 of state is directed to cause the proposed amendment to be 11 published for three consecutive months previous to the date of 12 that election as provided by law. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This joint resolution proposes an amendment to the 17 Constitution of the State of Iowa relating to the rights of a 18 crime victim. 19 The joint resolution specifies that the rights of a crime 20 victim shall be protected in a manner not less than the rights 21 afforded a defendant. The joint resolution provides that a 22 victim shall have the right to be treated with fairness and 23 dignity by the state, and the victim’s safety and privacy shall 24 be respected. A victim shall have the right to reasonable and 25 timely notice of all proceedings involving a criminal offense 26 or delinquent act, to be present at all proceedings, and to 27 be heard at such proceedings. The joint resolution provides 28 that the victim shall have the right to refuse an interview, 29 deposition, or other discovery request made by the defendant 30 or any person acting on behalf of the defendant. The joint 31 resolution provides that a victim shall be entitled to full and 32 timely restitution, proceedings free from unreasonable delay, 33 and a prompt conclusion of a criminal case. Furthermore, a 34 victim, upon request, shall have the right to confer with the 35 -2- LSB 5459HH (5) 87 jm/rh 2/ 3

H.J.R. 2003 attorney for the government, and to be informed of all rights 1 enumerated in the joint resolution. The joint resolution does 2 not create any cause of action for compensation or damages 3 against the government or any officer, employee, or agent of 4 the government. 5 The joint resolution provides that a victim includes any 6 person who is directly and proximately harmed by the commission 7 of a criminal offense or delinquent act, and does not include 8 the defendant or a person the court finds would not act in the 9 best interests of a victim who is deceased, incompetent, or 10 incapacitated, or a minor. 11 The resolution, if adopted, would be published and then 12 referred to the next general assembly (88th) for adoption a 13 second time, before being submitted to the electorate for 14 ratification. 15 -3- LSB 5459HH (5) 87 jm/rh 3/ 3