House Joint Resolution 2 - Introduced HOUSE JOINT RESOLUTION 2 BY 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 1401HH (6) 88 as/rh

H.J.R. 2 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 Sec. 26. Crime victims —— rights. The victim of a violent 5 crime shall have the right to be treated with fairness and 6 dignity, with respect for their safety and privacy, and 7 to be informed of their rights under Iowa law. A victim 8 includes the immediate family members of a victim who died or 9 was rendered incompetent as a result of the offense or who 10 was under eighteen years of age at the time of the offense. 11 The rights of a victim as defined by the general assembly 12 shall not be denied or abridged by the state, secondary to 13 the constitutional rights of the accused. Upon request, a 14 victim shall have the right to timely notice of and to be 15 present at proceedings related to the criminal offense; to be 16 timely notified, present, and heard at proceedings related to 17 the victim’s rights and the offender’s sentencing, parole, 18 and any other disposition; to be timely notified of the 19 offender’s incarceration location, release, escape, furlough, 20 move to community corrections, work release, or death; to 21 receive a copy of the offender’s conditions of release; and 22 to restitution for pecuniary loss related to the crime. A 23 victim or a lawful representative of the victim has the right 24 to assert these rights in any court. This section shall not 25 provide grounds for a new trial for a defendant or any claim 26 for damages against the government. 27 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 28 amendment to the Constitution of the State of Iowa is referred 29 to the general assembly to be chosen at the next general 30 election for members of the general assembly, and the secretary 31 of state is directed to cause the proposed amendment to be 32 published for three consecutive months previous to the date of 33 that election as provided by law. 34 EXPLANATION 35 -1- LSB 1401HH (6) 88 as/rh 1/ 2

H.J.R. 2 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This joint resolution proposes an amendment to the 3 Constitution of the State of Iowa relating to the rights of a 4 crime victim. 5 The joint resolution specifies that the victim of a crime 6 shall have the right to be treated with fairness and dignity, 7 with respect for the victim’s safety and privacy, and to be 8 informed of all their rights under Iowa law. A victim includes 9 the immediate family members of a victim who died, was rendered 10 incompetent as a result of the offense, or was under 18 years 11 of age at the time of the offense. The rights of a victim as 12 defined by the general assembly shall not be denied or abridged 13 by the state, secondary to the constitutional rights of the 14 accused. Upon request, a victim shall have the right to timely 15 notice of and to be present at proceedings related to the 16 criminal offense; to be timely notified, present, and heard at 17 proceedings related to the victim’s rights and the offender’s 18 sentencing, parole, and any other disposition; to be timely 19 notified of the offender’s incarceration location, release, 20 escape, furlough, move to community corrections, work release, 21 or death; to a copy of the offender’s conditions of release; 22 and to restitution for pecuniary loss related to the crime. A 23 victim or a lawful representative of the victim has the right 24 to assert these rights in any court. The joint resolution 25 shall not provide grounds for a new trial for a defendant or 26 any claim for damages against the government. 27 The joint resolution, if adopted, would be published and 28 then referred to the next general assembly (89th) for adoption 29 a second time, before being submitted to the electorate for 30 ratification. 31 -2- LSB 1401HH (6) 88 as/rh 2/ 2