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Senate Joint Resolution 10 - 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. A victim has the right
6to be treated with fairness and dignity, with respect for
7the victim’s safety and privacy, and to be informed of all
8rights in this section. Upon request, a victim shall have
9the right to reasonable notice of all proceedings involving
10the criminal offense; to be present and to be heard in any
11proceeding involving a release, plea, sentencing, disposition,
12parole, and any right of the victim; to release conditions
13which protect the victim; to notice of any release or escape of
14the defendant; to restitution; and to confer with the attorney
15for the government. A victim may assert the rights in this
16section. A victim is a person who has suffered physical,
17emotional, or financial harm as a direct result of a public
18offense or a delinquent act, other than a simple misdemeanor,
19committed in this state. A victim includes the immediate
20family members of a victim who died or was rendered incompetent
21as a result of the offense or who was under eighteen years of
22age at the time of the offense.
23 Sec. 2.REFERRAL AND PUBLICATION. The foregoing proposed
24amendment to the Constitution of the State of Iowa is referred
25to the general assembly to be chosen at the next general
26election for members of the general assembly, and shall be
27published as provided by law for three months previous to the
28date of that election.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This joint resolution proposes an amendment to the
33Constitution of the State of Iowa relating to the rights of a
34crime victim.
35The joint resolution specifies that a victim has the right
-1-1to be treated with fairness and dignity, with respect for the
2victim’s safety and privacy, and to be informed of all rights
3in this section. The joint resolution provides that upon
4request, a victim shall have the right to reasonable notice of
5all proceedings involving the criminal offense; to be present
6and to be heard in any proceeding involving a release, plea,
7sentencing, disposition, parole, and any right of the victim;
8to release conditions which protect the victim; to notice of
9any release or escape of the defendant; to restitution; and
10to confer with the attorney for the government. A victim may
11assert the rights enumerated in the joint resolution. The
12joint resolution defines a victim to mean a person who has
13suffered physical, emotional, or financial harm as a direct
14result of a public offense or a delinquent act, other than a
15simple misdemeanor, committed in this state. Under the joint
16resolution, a victim includes the immediate family members of
17a victim who died or was rendered incompetent as a result of
18the offense or who was under 18 years of age at the time of the
19offense.
20The resolution, if adopted, would be published and then
21referred to the next general assembly (90th) for adoption,
22before being submitted to the electorate for ratification.
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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. A victim has the right
6to be treated with fairness and dignity, with respect for
7the victim’s safety and privacy, and to be informed of all
8rights in this section. Upon request, a victim shall have
9the right to reasonable notice of all proceedings involving
10the criminal offense; to be present and to be heard in any
11proceeding involving a release, plea, sentencing, disposition,
12parole, and any right of the victim; to release conditions
13which protect the victim; to notice of any release or escape of
14the defendant; to restitution; and to confer with the attorney
15for the government. A victim may assert the rights in this
16section. A victim is a person who has suffered physical,
17emotional, or financial harm as a direct result of a public
18offense or a delinquent act, other than a simple misdemeanor,
19committed in this state. A victim includes the immediate
20family members of a victim who died or was rendered incompetent
21as a result of the offense or who was under eighteen years of
22age at the time of the offense.
23 Sec. 2.REFERRAL AND PUBLICATION. The foregoing proposed
24amendment to the Constitution of the State of Iowa is referred
25to the general assembly to be chosen at the next general
26election for members of the general assembly, and shall be
27published as provided by law for three months previous to the
28date of that election.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This joint resolution proposes an amendment to the
33Constitution of the State of Iowa relating to the rights of a
34crime victim.
35The joint resolution specifies that a victim has the right
-1-1to be treated with fairness and dignity, with respect for the
2victim’s safety and privacy, and to be informed of all rights
3in this section. The joint resolution provides that upon
4request, a victim shall have the right to reasonable notice of
5all proceedings involving the criminal offense; to be present
6and to be heard in any proceeding involving a release, plea,
7sentencing, disposition, parole, and any right of the victim;
8to release conditions which protect the victim; to notice of
9any release or escape of the defendant; to restitution; and
10to confer with the attorney for the government. A victim may
11assert the rights enumerated in the joint resolution. The
12joint resolution defines a victim to mean a person who has
13suffered physical, emotional, or financial harm as a direct
14result of a public offense or a delinquent act, other than a
15simple misdemeanor, committed in this state. Under the joint
16resolution, a victim includes the immediate family members of
17a victim who died or was rendered incompetent as a result of
18the offense or who was under 18 years of age at the time of the
19offense.
20The resolution, if adopted, would be published and then
21referred to the next general assembly (90th) for adoption,
22before being submitted to the electorate for ratification.
-2-as/rh