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
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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
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5281YC
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89
as/rh
2/
2