Senate Joint Resolution 2010 - Introduced SENATE JOINT RESOLUTION 2010 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3040) SENA TE 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 5459SV (2) 87 jm/rh

S.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. 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 8 a defendant. A victim shall have the right to be treated 9 with fairness and dignity by the state, and the victim’s 10 safety and privacy shall be respected. A victim is any person 11 who is harmed as a direct result of any indictable offense 12 or comparable delinquent act, or any nonindictable offense 13 or comparable delinquent act involving an act or threat of 14 violence. A victim shall have the right to be informed of all 15 rights enumerated in this section. Upon request, a victim 16 shall have the right to reasonable and timely notice of all 17 court proceedings involving a criminal offense or delinquent 18 act; to be present at all court proceedings; and to be heard 19 in any proceeding involving a release, plea, sentencing, 20 disposition, parole, and any other proceeding during which a 21 right of the victim is implicated. A victim shall be afforded 22 no-contact orders or release conditions issued by the court 23 which are reasonably necessary to protect the victim and shall 24 be provided notice of any release or escape of the defendant. 25 A victim shall be entitled to full and timely restitution, 26 proceedings free from unreasonable delay, and the prompt 27 conclusion of a criminal case. A victim shall have the right 28 to confer with the attorney for the government. 29 The victim, the victim’s attorney or other lawful 30 representative, or the attorney for the government upon request 31 of the victim, may assert and enforce the rights enumerated 32 in this section and any other right afforded the victim by 33 law. The court or other authority with jurisdiction shall 34 act promptly on such a request. This section does not create 35 -1- LSB 5459SV (2) 87 jm/rh 1/ 3

S.J.R. 2010 any cause of action for compensation or damages against 1 the government or any officer, employee, or agent of the 2 government, or any governmental entity. 3 A victim does not include the defendant or a person the court 4 finds would not act in the best interests of a victim who is 5 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 in order to secure 20 justice and due process for a crime victim throughout the 21 criminal and juvenile justice system, a victim shall have 22 rights which shall be protected in a manner not less than the 23 rights afforded a defendant. 24 The resolution specifies that a victim is any person who 25 is harmed as a direct result of any indictable offense or 26 comparable delinquent act, or any nonindictable offense 27 or comparable delinquent act involving an act or threat of 28 violence. A victim does not include the defendant or a person 29 the court finds would not act in the best interests of a victim 30 who is deceased, incompetent, or incapacitated, or a minor. 31 The resolution requires that a victim have the right to 32 be treated with fairness and dignity by the state, and the 33 victim’s safety and privacy shall be respected. A victim shall 34 have the right to be informed of all rights enumerated in the 35 -2- LSB 5459SV (2) 87 jm/rh 2/ 3

S.J.R. 2010 resolution. Upon request of a victim, the resolution requires 1 the victim shall have the right to reasonable and timely 2 notice of all court proceedings involving a criminal offense 3 or delinquent act; to be present at all court proceedings; 4 and to be heard in any proceeding involving a release, plea, 5 sentencing, disposition, parole, and any other proceeding 6 during which a right of the victim is implicated. A victim 7 shall be afforded no-contact orders or release conditions 8 issued by the court which are reasonably necessary to protect 9 the victim and shall be provided notice of any release or 10 escape of the defendant. A victim shall be entitled to full 11 and timely restitution, proceedings free from unreasonable 12 delay, and the prompt conclusion of a criminal case. A victim 13 shall have the right to confer with the attorney for the 14 government. 15 The victim, the victim’s attorney or other lawful 16 representative, or the attorney for the government upon request 17 of the victim, may assert and enforce the rights enumerated 18 in the resolution and any other right afforded the victim by 19 law. The court or other authority with jurisdiction shall 20 act promptly on such a request. The resolution does not 21 create any cause of action for compensation or damages against 22 the government or any officer, employee, or agent of the 23 government, or any governmental entity. 24 The resolution, if adopted, would be published and then 25 referred to the next general assembly (88th) for adoption a 26 second time, before being submitted to the electorate for 27 ratification. 28 -3- LSB 5459SV (2) 87 jm/rh 3/ 3