House Joint Resolution 2 - IntroducedA Bill ForA Joint Resolution 1proposing an amendment to the Constitution
2of the State of Iowa relating to the rights of a crime
3victim.
   4BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  The following amendment to the Constitution of
2the State of Iowa is proposed:
   3Article I of the Constitution of the State of Iowa is amended
4by adding the following new section:
   5Sec.26.  Crime victims — rights.  The victim of a violent
6crime shall have the right to be treated with fairness and
7dignity, with respect for their safety and privacy, and
8to be informed of their rights under Iowa law. A victim
9includes the immediate family members of a victim who died or
10was rendered incompetent as a result of the offense or who
11was under eighteen years of age at the time of the offense.
12The rights of a victim as defined by the general assembly
13shall not be denied or abridged by the state, secondary to
14the constitutional rights of the accused. Upon request, a
15victim shall have the right to timely notice of and to be
16present at proceedings related to the criminal offense; to be
17timely notified, present, and heard at proceedings related to
18the victim’s rights and the offender’s sentencing, parole,
19and any other disposition; to be timely notified of the
20offender’s incarceration location, release, escape, furlough,
21move to community corrections, work release, or death; to
22receive a copy of the offender’s conditions of release; and
23to restitution for pecuniary loss related to the crime. A
24victim or a lawful representative of the victim has the right
25to assert these rights in any court. This section shall not
26provide grounds for a new trial for a defendant or any claim
27for damages against the government.
28   Sec. 2.REFERRAL AND PUBLICATION.   The foregoing proposed
29amendment to the Constitution of the State of Iowa is referred
30to the general assembly to be chosen at the next general
31election for members of the general assembly, and the secretary
32of state is directed to cause the proposed amendment to be
33published for three consecutive months previous to the date of
34that election as provided by law.
35EXPLANATION
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1The inclusion of this explanation does not constitute agreement with
2the explanation’s substance by the members of the general assembly.
   3This joint resolution proposes an amendment to the
4Constitution of the State of Iowa relating to the rights of a
5crime victim.
   6The joint resolution specifies that the victim of a crime
7shall have the right to be treated with fairness and dignity,
8with respect for the victim’s safety and privacy, and to be
9informed of all their rights under Iowa law. A victim includes
10the immediate family members of a victim who died, was rendered
11incompetent as a result of the offense, or was under 18 years
12of age at the time of the offense. The rights of a victim as
13defined by the general assembly shall not be denied or abridged
14by the state, secondary to the constitutional rights of the
15accused. Upon request, a victim shall have the right to timely
16notice of and to be present at proceedings related to the
17criminal offense; to be timely notified, present, and heard at
18proceedings related to the victim’s rights and the offender’s
19sentencing, parole, and any other disposition; to be timely
20notified of the offender’s incarceration location, release,
21escape, furlough, move to community corrections, work release,
22or death; to a copy of the offender’s conditions of release;
23and to restitution for pecuniary loss related to the crime. A
24victim or a lawful representative of the victim has the right
25to assert these rights in any court. The joint resolution
26shall not provide grounds for a new trial for a defendant or
27any claim for damages against the government.
   28The joint resolution, if adopted, would be published and
29then referred to the next general assembly (89th) for adoption
30a second time, before being submitted to the electorate for
31ratification.
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