Senate Joint Resolution 8 - 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 following rights
6of a victim, being capable of protection without denying the
7constitutional rights of the defendant, shall not be denied
8or abridged by the state. A victim shall have the right to
9reasonable notice of, and shall not be excluded from, public
10proceedings relating to the offense; to be heard at any
11release, plea, sentencing, or other proceeding involving any
12right established by this section; to proceedings free from
13unreasonable delay; to reasonable notice of the release or
14escape of the defendant; to due consideration of a victim’s
15safety, dignity, and privacy; and to restitution. A victim or
16a lawful representative of a victim has standing to assert and
17enforce these rights. This section shall not provide grounds
18for a new trial for a defendant or for any claim of damages.
19Review of the denial of any right established herein, which may
20include interlocutory relief, shall be subject to standards of
21ordinary appellate review.
   22A victim includes any person against whom a criminal offense
23is committed or who is directly and proximately harmed by the
24commission of an act, which if committed by a competent adult,
25would constitute a crime.
26   Sec. 2.REFERRAL AND PUBLICATION.   The foregoing proposed
27amendment to the Constitution of the State of Iowa is referred
28to the general assembly to be chosen at the next general
29election for members of the general assembly, and the secretary
30of state is directed to cause the proposed amendment to be
31published for three consecutive months previous to the date of
32that election as provided by law.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-1-
   1This joint resolution proposes an amendment to the
2Constitution of the State of Iowa relating to the rights of a
3crime victim.
   4The joint resolution provides that the following rights
5of a victim, being capable of protection without denying the
6constitutional rights of the defendant, shall not be denied
7or abridged by the state. A victim shall have the right to
8reasonable notice of, and shall not be excluded from, public
9proceedings relating to the offense; to be heard at any
10release, plea, sentencing, or other proceeding involving any
11right established by this section; to proceedings free from
12unreasonable delay; to reasonable notice of the release or
13escape of the defendant; to due consideration of the victim’s
14safety, dignity, and privacy; and to restitution.
   15The joint resolution provides that a victim or a victim’s
16lawful representative has standing to assert and enforce these
17rights. Nothing in the joint resolution provides grounds for
18a new trial or any claim of damages. Review of the denial of
19any right established, which may include interlocutory relief,
20shall be subject to standards of ordinary appellate review.
   21The joint resolution provides that a victim includes any
22person against whom a criminal offense is committed or who is
23directly and proximately harmed by the commission of an act,
24which if committed by a competent adult, would constitute a
25crime.
   26The joint resolution, if adopted, would be published and
27then referred to the next general assembly (89th) for adoption
28a second time, before being submitted to the electorate for
29ratification.
-2-
as/rhas/rh