Senate Joint Resolution 10 - Introduced SENATE JOINT RESOLUTION 10 BY WHITING 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 2616XS (2) 89 as/rh
S.J.R. 10 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. 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 shall be 26 published as provided by law for three months previous to the 27 date of that election. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This joint resolution proposes an amendment to the 32 Constitution of the State of Iowa relating to the rights of a 33 crime victim. 34 The joint resolution specifies that a victim has the right 35 -1- LSB 2616XS (2) 89 as/rh 1/ 2
S.J.R. 10 to be treated with fairness and dignity, with respect for the 1 victim’s safety and privacy, and to be informed of all rights 2 in this section. The joint resolution provides that upon 3 request, a victim shall have the right to reasonable notice of 4 all proceedings involving the criminal offense; to be present 5 and to be heard in any proceeding involving a release, plea, 6 sentencing, disposition, parole, and any right of the victim; 7 to release conditions which protect the victim; to notice of 8 any release or escape of the defendant; to restitution; and 9 to confer with the attorney for the government. A victim may 10 assert the rights enumerated in the joint resolution. The 11 joint resolution defines a victim to mean a person who has 12 suffered physical, emotional, or financial harm as a direct 13 result of a public offense or a delinquent act, other than a 14 simple misdemeanor, committed in this state. Under the joint 15 resolution, a victim includes the immediate family members of 16 a victim who died or was rendered incompetent as a result of 17 the offense or who was under 18 years of age at the time of the 18 offense. 19 The resolution, if adopted, would be published and then 20 referred to the next general assembly (90th) for adoption, 21 before being submitted to the electorate for ratification. 22 -2- LSB 2616XS (2) 89 as/rh 2/ 2