House Joint Resolution 2010 - Introduced HOUSE JOINT RESOLUTION 2010 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HJR 2003) 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 5459HV (2) 87 jm/rh
H.J.R. 2010 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. A victim has the right 5 to be treated with fairness and dignity, with respect for 6 the victim’s safety and privacy, and to be informed of all 7 rights in this section. Upon request, a victim shall have 8 the right to reasonable notice of all proceedings involving 9 the criminal offense; to be present and to be heard in any 10 proceeding involving a release, plea, sentencing, disposition, 11 parole, and any right of the victim; to release conditions 12 which protect the victim; to notice of any release or escape of 13 the defendant; to restitution; and to confer with the attorney 14 for the government. A victim may assert the rights in this 15 section. A victim is a person who has suffered physical, 16 emotional, or financial harm as a direct result of a public 17 offense or a delinquent act, other than a simple misdemeanor, 18 committed in this state. A victim includes the immediate 19 family members of a victim who died or was rendered incompetent 20 as a result of the offense or who was under eighteen years of 21 age at the time of the offense. 22 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 23 amendment to the Constitution of the State of Iowa is referred 24 to the general assembly to be chosen at the next general 25 election for members of the general assembly, and the secretary 26 of state is directed to cause the proposed amendment to be 27 published for three consecutive months previous to the date of 28 that election as provided by law. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This joint resolution proposes an amendment to the 33 Constitution of the State of Iowa relating to the rights of a 34 crime victim. 35 -1- LSB 5459HV (2) 87 jm/rh 1/ 2
H.J.R. 2010 The joint resolution specifies that a victim has the right 1 to be treated with fairness and dignity, with respect for the 2 victim’s safety and privacy, and to be informed of all rights 3 in this section. The joint resolution provides that upon 4 request, a victim shall have the right to reasonable notice of 5 all proceedings involving the criminal offense; to be present 6 and to be heard in any proceeding involving a release, plea, 7 sentencing, disposition, parole, and any right of the victim; 8 to release conditions which protect the victim; to notice of 9 any release or escape of the defendant; to restitution; and 10 to confer with the attorney for the government. A victim may 11 assert the rights enumerated in the joint resolution. The 12 joint resolution defines a victim to mean a person who has 13 suffered physical, emotional, or financial harm as a direct 14 result of a public offense or a delinquent act, other than a 15 simple misdemeanor, committed in this state. Under the joint 16 resolution, a victim includes the immediate family members of 17 a victim who died or was rendered incompetent as a result of 18 the offense or who was under 18 years of age at the time of the 19 offense. 20 The resolution, if adopted, would be published and then 21 referred to the next general assembly (88th) for adoption a 22 second time, before being submitted to the electorate for 23 ratification. 24 -2- LSB 5459HV (2) 87 jm/rh 2/ 2