Senate Study Bill 1215 - IntroducedA Bill ForAn Act 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
6crime shall have the right to be treated with fairness and
7dignity, with respect for their safety and privacy, and to be
8informed of their rights under Iowa law. A victim includes
9the immediate family members of a victim who died or was
10rendered incompetent as a result of the offense or who was
11under eighteen years of age at the time of the offense. The
12rights of a victim as defined by the general assembly shall
13not be denied or abridged by the state, secondary to the
14constitutional rights of the defendant. Upon request, a victim
15shall have the right to timely notice of and to be present
16at proceedings related to the criminal offense; to be timely
17notified, present, and heard at proceedings related to the
18victim’s rights and the defendant’s sentencing, parole, and any
19other disposition; to be timely notified of the defendant’s
20incarceration location, release, escape, furlough, move to
21community corrections, work release, or death; to receive
22a copy of the defendant’s conditions of release; and to
23restitution for pecuniary loss related to the crime. A victim
24shall have the right to refuse an interview, deposition, or
25other discovery request made by the defendant, the defendant’s
26counsel, or any person acting on behalf of the defendant. A
27victim or a lawful representative of the victim has the right
28to assert these rights in any court. This section shall not
29provide grounds for a new trial for a defendant or any claim
30for damages against the government or any officer, employee, or
31agent of the government, or any governmental entity.
32   Sec. 2.REFERRAL AND PUBLICATION.   The foregoing proposed
33amendment to the Constitution of the State of Iowa is referred
34to the general assembly to be chosen at the next general
35election for members of the general assembly, and the secretary
-1-1of state is directed to cause the proposed amendment to be
2published for three consecutive months previous to the date of
3that election as provided by law.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
   7This joint resolution proposes an amendment to the
8Constitution of the State of Iowa relating to the rights of a
9crime victim.
   10The joint resolution specifies that the victim of a crime
11shall have the right to be treated with fairness and dignity,
12with respect for the victim’s safety and privacy, and to be
13informed of all their rights under Iowa law. A victim includes
14the immediate family members of a victim who died, was rendered
15incompetent as a result of the offense, or was under 18 years
16of age at the time of the offense. The rights of a victim
17as defined by the general assembly shall not be denied or
18abridged by the state, secondary to the constitutional rights
19of the defendant. Upon request, a victim shall have the right
20to timely notice of and to be present at proceedings related
21to the criminal offense; to be timely notified, present, and
22heard at proceedings related to the victim’s rights and the
23defendant’s sentencing, parole, and any other disposition; to
24be timely notified of the defendant’s incarceration location,
25release, escape, furlough, move to community corrections, work
26release, or death; to a copy of the defendant’s conditions
27of release; and to restitution for pecuniary loss related to
28the crime. A victim has the right to refuse an interview,
29deposition, or other discovery request made by the defendant,
30the defendant’s counsel, or any person acting on behalf of
31the defendant. A victim or a lawful representative of the
32victim has the right to assert these rights in any court. The
33joint resolution shall not provide grounds for a new trial for
34a defendant or any claim for damages against the government
35or any officer, employee, or agent of the government, or any
-2-1governmental entity.
   2The joint resolution, if adopted, would be published and
3then referred to the next general assembly (89th) for adoption
4a second time, before being submitted to the electorate for
5ratification.
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