Bill Text: IA SSB1215 | 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.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-02-26 - Subcommittee: Chapman, Sweeney, and Bisignano. [SSB1215 Detail]
Download: Iowa-2019-SSB1215-Introduced.html
Senate
Study
Bill
1215
-
Introduced
SENATE
JOINT
RESOLUTION
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
RESOLUTION
BY
CHAIRPERSON
ZAUN)
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.
_____
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
victim
of
a
5
crime
shall
have
the
right
to
be
treated
with
fairness
and
6
dignity,
with
respect
for
their
safety
and
privacy,
and
to
be
7
informed
of
their
rights
under
Iowa
law.
A
victim
includes
8
the
immediate
family
members
of
a
victim
who
died
or
was
9
rendered
incompetent
as
a
result
of
the
offense
or
who
was
10
under
eighteen
years
of
age
at
the
time
of
the
offense.
The
11
rights
of
a
victim
as
defined
by
the
general
assembly
shall
12
not
be
denied
or
abridged
by
the
state,
secondary
to
the
13
constitutional
rights
of
the
defendant.
Upon
request,
a
victim
14
shall
have
the
right
to
timely
notice
of
and
to
be
present
15
at
proceedings
related
to
the
criminal
offense;
to
be
timely
16
notified,
present,
and
heard
at
proceedings
related
to
the
17
victim’s
rights
and
the
defendant’s
sentencing,
parole,
and
any
18
other
disposition;
to
be
timely
notified
of
the
defendant’s
19
incarceration
location,
release,
escape,
furlough,
move
to
20
community
corrections,
work
release,
or
death;
to
receive
21
a
copy
of
the
defendant’s
conditions
of
release;
and
to
22
restitution
for
pecuniary
loss
related
to
the
crime.
A
victim
23
shall
have
the
right
to
refuse
an
interview,
deposition,
or
24
other
discovery
request
made
by
the
defendant,
the
defendant’s
25
counsel,
or
any
person
acting
on
behalf
of
the
defendant.
A
26
victim
or
a
lawful
representative
of
the
victim
has
the
right
27
to
assert
these
rights
in
any
court.
This
section
shall
not
28
provide
grounds
for
a
new
trial
for
a
defendant
or
any
claim
29
for
damages
against
the
government
or
any
officer,
employee,
or
30
agent
of
the
government,
or
any
governmental
entity.
31
Sec.
2.
REFERRAL
AND
PUBLICATION.
The
foregoing
proposed
32
amendment
to
the
Constitution
of
the
State
of
Iowa
is
referred
33
to
the
general
assembly
to
be
chosen
at
the
next
general
34
election
for
members
of
the
general
assembly,
and
the
secretary
35
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S.J.R.
_____
of
state
is
directed
to
cause
the
proposed
amendment
to
be
1
published
for
three
consecutive
months
previous
to
the
date
of
2
that
election
as
provided
by
law.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
joint
resolution
proposes
an
amendment
to
the
7
Constitution
of
the
State
of
Iowa
relating
to
the
rights
of
a
8
crime
victim.
9
The
joint
resolution
specifies
that
the
victim
of
a
crime
10
shall
have
the
right
to
be
treated
with
fairness
and
dignity,
11
with
respect
for
the
victim’s
safety
and
privacy,
and
to
be
12
informed
of
all
their
rights
under
Iowa
law.
A
victim
includes
13
the
immediate
family
members
of
a
victim
who
died,
was
rendered
14
incompetent
as
a
result
of
the
offense,
or
was
under
18
years
15
of
age
at
the
time
of
the
offense.
The
rights
of
a
victim
16
as
defined
by
the
general
assembly
shall
not
be
denied
or
17
abridged
by
the
state,
secondary
to
the
constitutional
rights
18
of
the
defendant.
Upon
request,
a
victim
shall
have
the
right
19
to
timely
notice
of
and
to
be
present
at
proceedings
related
20
to
the
criminal
offense;
to
be
timely
notified,
present,
and
21
heard
at
proceedings
related
to
the
victim’s
rights
and
the
22
defendant’s
sentencing,
parole,
and
any
other
disposition;
to
23
be
timely
notified
of
the
defendant’s
incarceration
location,
24
release,
escape,
furlough,
move
to
community
corrections,
work
25
release,
or
death;
to
a
copy
of
the
defendant’s
conditions
26
of
release;
and
to
restitution
for
pecuniary
loss
related
to
27
the
crime.
A
victim
has
the
right
to
refuse
an
interview,
28
deposition,
or
other
discovery
request
made
by
the
defendant,
29
the
defendant’s
counsel,
or
any
person
acting
on
behalf
of
30
the
defendant.
A
victim
or
a
lawful
representative
of
the
31
victim
has
the
right
to
assert
these
rights
in
any
court.
The
32
joint
resolution
shall
not
provide
grounds
for
a
new
trial
for
33
a
defendant
or
any
claim
for
damages
against
the
government
34
or
any
officer,
employee,
or
agent
of
the
government,
or
any
35
-2-
LSB
1927XC
(4)
88
as/rh
2/
3