Bill Text: IA SSB3040 | 2017-2018 | 87th 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) 2018-01-25 - Subcommittee Meeting: 01/31/2018 8:00AM RM 22 [SSB3040 Detail]
Download: Iowa-2017-SSB3040-Introduced.html
Senate
Study
Bill
3040
-
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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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
Crime
victims
——
rights.
SEC.
26.
To
secure
justice
and
5
due
process
for
a
crime
victim
throughout
the
criminal
and
6
juvenile
justice
system,
a
victim
shall
have
rights
which
shall
7
be
protected
in
a
manner
not
less
than
the
rights
afforded
a
8
defendant.
A
victim
shall
have
the
right
to
be
treated
with
9
fairness
and
dignity
by
the
state,
and
the
victim’s
safety
and
10
privacy
shall
be
respected.
A
victim
shall
have
the
right
11
to
reasonable
and
timely
notice
of
all
proceedings
involving
12
a
criminal
offense
or
delinquent
act,
to
be
present
at
all
13
proceedings,
and
to
be
heard
in
any
proceeding
involving
a
14
release,
plea,
sentencing,
disposition,
parole,
and
any
other
15
proceeding
during
which
a
right
of
the
victim
is
implicated.
16
A
victim
shall
be
reasonably
protected
from
the
defendant
or
17
any
person
acting
on
behalf
of
the
defendant,
and
be
provided
18
notice
of
any
release
or
escape
of
the
defendant.
A
victim
19
shall
have
the
right
to
refuse
an
interview,
deposition,
20
or
other
discovery
request
made
by
the
defendant
or
any
21
person
acting
on
behalf
of
the
defendant.
A
victim
shall
be
22
entitled
to
full
and
timely
restitution,
proceedings
free
from
23
unreasonable
delay,
and
a
prompt
conclusion
of
a
criminal
case.
24
A
victim,
upon
request,
shall
have
the
right
to
confer
with
the
25
attorney
for
the
government,
and
to
be
informed
of
all
rights
26
enumerated
in
this
section.
27
The
victim,
the
victim’s
attorney
or
other
lawful
28
representative,
or
the
attorney
for
the
government
upon
request
29
of
the
victim,
may
assert
and
enforce
the
rights
enumerated
30
in
this
section
and
any
other
right
afforded
the
victim
by
31
law.
The
court
or
other
authority
with
jurisdiction
shall
32
act
promptly
on
such
a
request.
This
section
does
not
create
33
any
cause
of
action
for
compensation
or
damages
against
34
the
government
or
any
officer,
employee,
or
agent
of
the
35
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government.
1
A
victim
includes
any
person
who
is
directly
and
proximately
2
harmed
by
the
commission
of
a
criminal
offense
or
delinquent
3
act.
A
victim
does
not
include
the
defendant
or
a
person
the
4
court
finds
would
not
act
in
the
best
interests
of
a
victim
who
5
is
deceased,
incompetent,
or
incapacitated,
or
a
minor.
6
Sec.
2.
REFERRAL
AND
PUBLICATION.
The
foregoing
proposed
7
amendment
to
the
Constitution
of
the
State
of
Iowa
is
referred
8
to
the
general
assembly
to
be
chosen
at
the
next
general
9
election
for
members
of
the
general
assembly,
and
the
secretary
10
of
state
is
directed
to
cause
the
proposed
amendment
to
be
11
published
for
three
consecutive
months
previous
to
the
date
of
12
that
election
as
provided
by
law.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
joint
resolution
proposes
an
amendment
to
the
17
Constitution
of
the
State
of
Iowa
relating
to
the
rights
of
a
18
crime
victim.
19
The
joint
resolution
specifies
that
the
rights
of
a
crime
20
victim
shall
be
protected
in
a
manner
not
less
than
the
rights
21
afforded
a
defendant.
The
joint
resolution
provides
that
a
22
victim
shall
have
the
right
to
be
treated
with
fairness
and
23
dignity
by
the
state,
and
the
victim’s
safety
and
privacy
shall
24
be
respected.
A
victim
shall
have
the
right
to
reasonable
and
25
timely
notice
of
all
proceedings
involving
a
criminal
offense
26
or
delinquent
act,
to
be
present
at
all
proceedings,
and
to
27
be
heard
at
such
proceedings.
The
joint
resolution
provides
28
that
the
victim
shall
have
the
right
to
refuse
an
interview,
29
deposition,
or
other
discovery
request
made
by
the
defendant
30
or
any
person
acting
on
behalf
of
the
defendant.
The
joint
31
resolution
provides
that
a
victim
shall
be
entitled
to
full
and
32
timely
restitution,
proceedings
free
from
unreasonable
delay,
33
and
a
prompt
conclusion
of
a
criminal
case.
Furthermore,
a
34
victim,
upon
request,
shall
have
the
right
to
confer
with
the
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_____
attorney
for
the
government,
and
to
be
informed
of
all
rights
1
enumerated
in
the
joint
resolution.
The
joint
resolution
does
2
not
create
any
cause
of
action
for
compensation
or
damages
3
against
the
government
or
any
officer,
employee,
or
agent
of
4
the
government.
5
The
joint
resolution
provides
that
a
victim
includes
any
6
person
who
is
directly
and
proximately
harmed
by
the
commission
7
of
a
criminal
offense
or
delinquent
act,
and
does
not
include
8
the
defendant
or
a
person
the
court
finds
would
not
act
in
the
9
best
interests
of
a
victim
who
is
deceased,
incompetent,
or
10
incapacitated,
or
a
minor.
11
The
resolution,
if
adopted,
would
be
published
and
then
12
referred
to
the
next
general
assembly
(88th)
for
adoption
a
13
second
time,
before
being
submitted
to
the
electorate
for
14
ratification.
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