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:
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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
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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.
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