Bill Text: IA HSB525 | 2021-2022 | 89th 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.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2022-01-19 - Subcommittee returns the bill to Committee without recommendation. Vote Total: 0-0 [HSB525 Detail]

Download: Iowa-2021-HSB525-Introduced.html
House Study Bill 525 - Introduced HOUSE JOINT RESOLUTION _____ BY (PROPOSED COMMITTEE ON JUDICIARY RESOLUTION BY CHAIRPERSON HOLT) HOUSE JOINT RESOLUTION A Joint Resolution proposing an amendment to the Constitution 1 of the State of Iowa relating to the rights of a crime 2 victim. 3 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5281YC (2) 89 as/rh
H.J.R. _____ Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 Article I of the Constitution of the State of Iowa is amended 3 by adding the following new section: 4 Sec. 26. Crime victims —— rights. A victim has the right 5 to be treated with fairness and dignity, with respect for 6 the victim’s safety and privacy, and to be informed of all 7 rights in this section. Upon request, a victim shall have 8 the right to reasonable notice of all proceedings involving 9 the criminal offense in the criminal and juvenile justice 10 systems, including pretrial release and pleas; to be present 11 and to be heard in any proceeding involving sentencing, parole, 12 and any right of the victim; to release conditions which 13 protect the victim; to notice of any release or escape of the 14 defendant; to restitution; and to confer with the attorney 15 for the government. A victim has standing in the criminal 16 and juvenile justice systems to assert the rights in this 17 section. This section does not create any cause of action for 18 compensation or damages against the government or any officer, 19 employee, or agent of the government. A victim is a person 20 who has suffered physical, emotional, or financial harm as a 21 direct result of a public offense or a delinquent act, other 22 than a simple misdemeanor, committed in this state. A victim 23 includes the immediate family members of a victim who died or 24 was rendered incompetent as a result of the offense or who was 25 under eighteen years of age at the time of the offense. 26 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 27 amendment to the Constitution of the State of Iowa is referred 28 to the general assembly to be chosen at the next general 29 election for members of the general assembly, and shall be 30 published as provided by law for three consecutive months 31 previous to the date of that election. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 5281YC (2) 89 as/rh 1/ 2
H.J.R. _____ This joint resolution proposes an amendment to the 1 Constitution of the State of Iowa relating to the rights of a 2 crime victim. 3 The joint resolution provides that a victim has the right 4 to be treated with fairness and dignity, with respect for the 5 victim’s safety and privacy, and to be informed of all rights 6 in the joint resolution. Upon request, a victim shall have the 7 right to reasonable notice of all proceedings involving the 8 criminal offense in the criminal and juvenile justice systems, 9 including pretrial release and pleas; to be present and to be 10 heard in any proceeding involving sentencing, parole, and any 11 right of the victim; to release conditions which protect the 12 victim; to notice of any release or escape of the defendant; 13 to restitution; and to confer with the attorney for the 14 government. A victim has standing in the criminal and juvenile 15 justice systems to assert the rights enumerated in the joint 16 resolution. The joint resolution does not create any cause 17 of action for compensation or damages against the government 18 or any officer, employee, or agent of the government. The 19 joint resolution defines a victim to mean a person who has 20 suffered physical, emotional, or financial harm as a direct 21 result of a public offense or a delinquent act, other than a 22 simple misdemeanor, committed in this state. Under the joint 23 resolution, a victim includes the immediate family members of 24 a victim who died or was rendered incompetent as a result of 25 the offense or who was under 18 years of age at the time of the 26 offense. 27 The joint resolution, if adopted, would be published and 28 then referred to the next general assembly (90th) for adoption, 29 before being submitted to the electorate for ratification. 30 -2- LSB 5281YC (2) 89 as/rh 2/ 2
feedback