Bill Text: IA SJR8 | 2019-2020 | 88th 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 SJR 2005.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-24 - Committee report approving bill, renumbered as SJR 2005. S.J. 399. [SJR8 Detail]
Download: Iowa-2019-SJR8-Introduced.html
Senate
Joint
Resolution
8
-
Introduced
SENATE
JOINT
RESOLUTION
8
BY
WHITING
SENA
TE
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
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S.J.R.
8
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.
The
following
rights
5
of
a
victim,
being
capable
of
protection
without
denying
the
6
constitutional
rights
of
the
defendant,
shall
not
be
denied
7
or
abridged
by
the
state.
A
victim
shall
have
the
right
to
8
reasonable
notice
of,
and
shall
not
be
excluded
from,
public
9
proceedings
relating
to
the
offense;
to
be
heard
at
any
10
release,
plea,
sentencing,
or
other
proceeding
involving
any
11
right
established
by
this
section;
to
proceedings
free
from
12
unreasonable
delay;
to
reasonable
notice
of
the
release
or
13
escape
of
the
defendant;
to
due
consideration
of
a
victim’s
14
safety,
dignity,
and
privacy;
and
to
restitution.
A
victim
or
15
a
lawful
representative
of
a
victim
has
standing
to
assert
and
16
enforce
these
rights.
This
section
shall
not
provide
grounds
17
for
a
new
trial
for
a
defendant
or
for
any
claim
of
damages.
18
Review
of
the
denial
of
any
right
established
herein,
which
may
19
include
interlocutory
relief,
shall
be
subject
to
standards
of
20
ordinary
appellate
review.
21
A
victim
includes
any
person
against
whom
a
criminal
offense
22
is
committed
or
who
is
directly
and
proximately
harmed
by
the
23
commission
of
an
act,
which
if
committed
by
a
competent
adult,
24
would
constitute
a
crime.
25
Sec.
2.
REFERRAL
AND
PUBLICATION.
The
foregoing
proposed
26
amendment
to
the
Constitution
of
the
State
of
Iowa
is
referred
27
to
the
general
assembly
to
be
chosen
at
the
next
general
28
election
for
members
of
the
general
assembly,
and
the
secretary
29
of
state
is
directed
to
cause
the
proposed
amendment
to
be
30
published
for
three
consecutive
months
previous
to
the
date
of
31
that
election
as
provided
by
law.
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.
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S.J.R.
8
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
the
following
rights
4
of
a
victim,
being
capable
of
protection
without
denying
the
5
constitutional
rights
of
the
defendant,
shall
not
be
denied
6
or
abridged
by
the
state.
A
victim
shall
have
the
right
to
7
reasonable
notice
of,
and
shall
not
be
excluded
from,
public
8
proceedings
relating
to
the
offense;
to
be
heard
at
any
9
release,
plea,
sentencing,
or
other
proceeding
involving
any
10
right
established
by
this
section;
to
proceedings
free
from
11
unreasonable
delay;
to
reasonable
notice
of
the
release
or
12
escape
of
the
defendant;
to
due
consideration
of
the
victim’s
13
safety,
dignity,
and
privacy;
and
to
restitution.
14
The
joint
resolution
provides
that
a
victim
or
a
victim’s
15
lawful
representative
has
standing
to
assert
and
enforce
these
16
rights.
Nothing
in
the
joint
resolution
provides
grounds
for
17
a
new
trial
or
any
claim
of
damages.
Review
of
the
denial
of
18
any
right
established,
which
may
include
interlocutory
relief,
19
shall
be
subject
to
standards
of
ordinary
appellate
review.
20
The
joint
resolution
provides
that
a
victim
includes
any
21
person
against
whom
a
criminal
offense
is
committed
or
who
is
22
directly
and
proximately
harmed
by
the
commission
of
an
act,
23
which
if
committed
by
a
competent
adult,
would
constitute
a
24
crime.
25
The
joint
resolution,
if
adopted,
would
be
published
and
26
then
referred
to
the
next
general
assembly
(89th)
for
adoption
27
a
second
time,
before
being
submitted
to
the
electorate
for
28
ratification.
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