Bill Text: IA HJR2010 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the rights of a crime victim. (Formerly HJR 2003.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-03-15 - Placed on calendar under unfinished business. H.J. 592. [HJR2010 Detail]

Download: Iowa-2017-HJR2010-Introduced.html

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House Joint Resolution 2010 - Introduced




                                 HOUSE JOINT RESOLUTION       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO HJR
                                     2003)

                                      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 5459HV (2) 87
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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.  A victim has the right
  1  6 to be treated with fairness and dignity, with respect for
  1  7 the victim's safety and privacy, and to be informed of all
  1  8 rights in this section. Upon request, a victim shall have
  1  9 the right to reasonable notice of all proceedings involving
  1 10 the criminal offense; to be present and to be heard in any
  1 11 proceeding involving a release, plea, sentencing, disposition,
  1 12 parole, and any right of the victim; to release conditions
  1 13 which protect the victim; to notice of any release or escape of
  1 14 the defendant; to restitution; and to confer with the attorney
  1 15 for the government. A victim may assert the rights in this
  1 16 section.  A victim is a person who has suffered physical,
  1 17 emotional, or financial harm as a direct result of a public
  1 18 offense or a delinquent act, other than a simple misdemeanor,
  1 19 committed in this state. A victim includes the immediate
  1 20 family members of a victim who died or was rendered incompetent
  1 21 as a result of the offense or who was under eighteen years of
  1 22 age at the time of the offense.
  1 23    Sec. 2.  REFERRAL AND PUBLICATION.  The foregoing proposed
  1 24 amendment to the Constitution of the State of Iowa is referred
  1 25 to the general assembly to be chosen at the next general
  1 26 election for members of the general assembly, and the secretary
  1 27 of state is directed to cause the proposed amendment to be
  1 28 published for three consecutive months previous to the date of
  1 29 that election as provided by law.
  1 30                           EXPLANATION
  1 31 The inclusion of this explanation does not constitute agreement with
  1 32 the explanation's substance by the members of the general assembly.
  1 33    This joint resolution proposes an amendment to the
  1 34 Constitution of the State of Iowa relating to the rights of a
  1 35 crime victim.
  2  1 The joint resolution specifies that a victim has the right
  2  2 to be treated with fairness and dignity, with respect for  the
  2  3 victim's safety and privacy, and to be informed of all  rights
  2  4 in this section. The joint resolution provides that upon
  2  5 request, a victim shall have  the right to reasonable notice of
  2  6 all proceedings involving  the criminal offense; to be present
  2  7 and to be heard in any  proceeding involving a release, plea,
  2  8 sentencing, disposition,  parole, and any right of the victim;
  2  9 to release conditions  which protect the victim; to notice of
  2 10 any release or escape of  the defendant; to restitution; and
  2 11 to confer with the attorney  for the government. A victim may
  2 12 assert the rights enumerated in the joint resolution. The
  2 13 joint resolution defines a victim to mean a person who has
  2 14 suffered physical,  emotional, or financial harm as a direct
  2 15 result of a public  offense or a delinquent act, other than a
  2 16 simple misdemeanor,  committed in this state. Under the joint
  2 17 resolution, a victim includes the immediate family members of
  2 18 a victim who died or was rendered incompetent  as a result of
  2 19 the offense or who was under 18 years of age at the time of the
  2 20 offense.
  2 21    The resolution, if adopted, would be published and then
  2 22 referred to the next general assembly (88th) for adoption a
  2 23 second time, before being submitted to the electorate for
  2 24 ratification.
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