Bill Text: IA HJR2003 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the rights of a crime victim. (See HJR 2010.)
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2018-02-13 - Subcommittee reassigned: Hinson, Olson and Windschitl. H.J. 261. [HJR2003 Detail]
Download: Iowa-2017-HJR2003-Introduced.html
House Joint Resolution 2003 - Introduced HOUSE JOINT RESOLUTION BY HINSON and ANDERSON HOUSE JOINT RESOLUTION 1 A Joint Resolution proposing an amendment to the Constitution 2 of the State of Iowa relating to the rights of a crime 3 victim. 4 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5459HH (5) 87 jm/rh PAG LIN 1 1 Section 1. The following amendment to the Constitution of 1 2 the State of Iowa is proposed: 1 3 Article I of the Constitution of the State of Iowa is amended 1 4 by adding the following new section: 1 5 Crime victims ==== rights. SEC. 26. To secure justice and 1 6 due process for a crime victim throughout the criminal and 1 7 juvenile justice system, a victim shall have rights which shall 1 8 be protected in a manner not less than the rights afforded a 1 9 defendant. A victim shall have the right to be treated with 1 10 fairness and dignity by the state, and the victim's safety and 1 11 privacy shall be respected. A victim shall have the right 1 12 to reasonable and timely notice of all proceedings involving 1 13 a criminal offense or delinquent act, to be present at all 1 14 proceedings, and to be heard in any proceeding involving a 1 15 release, plea, sentencing, disposition, parole, and any other 1 16 proceeding during which a right of the victim is implicated. 1 17 A victim shall be reasonably protected from the defendant or 1 18 any person acting on behalf of the defendant, and be provided 1 19 notice of any release or escape of the defendant. A victim 1 20 shall have the right to refuse an interview, deposition, 1 21 or other discovery request made by the defendant or any 1 22 person acting on behalf of the defendant. A victim shall be 1 23 entitled to full and timely restitution, proceedings free from 1 24 unreasonable delay, and a prompt conclusion of a criminal case. 1 25 A victim, upon request, shall have the right to confer with the 1 26 attorney for the government, and to be informed of all rights 1 27 enumerated in this section. 1 28 The victim, the victim's attorney or other lawful 1 29 representative, or the attorney for the government upon request 1 30 of the victim, may assert and enforce the rights enumerated 1 31 in this section and any other right afforded the victim by 1 32 law. The court or other authority with jurisdiction shall 1 33 act promptly on such a request. This section does not create 1 34 any cause of action for compensation or damages against 1 35 the government or any officer, employee, or agent of the 2 1 government. 2 2 A victim includes any person who is directly and proximately 2 3 harmed by the commission of a criminal offense or delinquent 2 4 act. A victim does not include the defendant or a person the 2 5 court finds would not act in the best interests of a victim who 2 6 is deceased, incompetent, or incapacitated, or a minor. 2 7 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 2 8 amendment to the Constitution of the State of Iowa is referred 2 9 to the general assembly to be chosen at the next general 2 10 election for members of the general assembly, and the secretary 2 11 of state is directed to cause the proposed amendment to be 2 12 published for three consecutive months previous to the date of 2 13 that election as provided by law. 2 14 EXPLANATION 2 15 The inclusion of this explanation does not constitute agreement with 2 16 the explanation's substance by the members of the general assembly. 2 17 This joint resolution proposes an amendment to the 2 18 Constitution of the State of Iowa relating to the rights of a 2 19 crime victim. 2 20 The joint resolution specifies that the rights of a crime 2 21 victim shall be protected in a manner not less than the rights 2 22 afforded a defendant. The joint resolution provides that a 2 23 victim shall have the right to be treated with fairness and 2 24 dignity by the state, and the victim's safety and privacy shall 2 25 be respected. A victim shall have the right to reasonable and 2 26 timely notice of all proceedings involving a criminal offense 2 27 or delinquent act, to be present at all proceedings, and to 2 28 be heard at such proceedings. The joint resolution provides 2 29 that the victim shall have the right to refuse an interview, 2 30 deposition, or other discovery request made by the defendant 2 31 or any person acting on behalf of the defendant. The joint 2 32 resolution provides that a victim shall be entitled to full and 2 33 timely restitution, proceedings free from unreasonable delay, 2 34 and a prompt conclusion of a criminal case. Furthermore, a 2 35 victim, upon request, shall have the right to confer with the 3 1 attorney for the government, and to be informed of all rights 3 2 enumerated in the joint resolution. The joint resolution does 3 3 not create any cause of action for compensation or damages 3 4 against the government or any officer, employee, or agent of 3 5 the government. 3 6 The joint resolution provides that a victim includes any 3 7 person who is directly and proximately harmed by the commission 3 8 of a criminal offense or delinquent act, and does not include 3 9 the defendant or a person the court finds would not act in the 3 10 best interests of a victim who is deceased, incompetent, or 3 11 incapacitated, or a minor. 3 12 The resolution, if adopted, would be published and then 3 13 referred to the next general assembly (88th) for adoption a 3 14 second time, before being submitted to the electorate for 3 15 ratification. LSB 5459HH (5) 87 jm/rh
