Bill Text: IA SJR2010 | 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. (Formerly SSB 3040.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-03-15 - Placed on calendar under unfinished business. S.J. 692. [SJR2010 Detail]
Download: Iowa-2017-SJR2010-Introduced.html
Senate Joint Resolution 2010 - Introduced SENATE JOINT RESOLUTION BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3040) SENATE JOINT RESOLUTION 1 A Joint Resolution proposing an amendment to the Constitution 2 of the State of Iowa relating to the rights of a crime 3 victim. 4 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5459SV (2) 87 jm/rh PAG LIN 1 1 Section 1. The following amendment to the Constitution of 1 2 the State of Iowa is proposed: 1 3 Article I of the Constitution of the State of Iowa is amended 1 4 by adding the following new section: 1 5 Crime victims ==== rights.SEC. 26. To secure justice and 1 6 due process for a crime victim throughout the criminal and 1 7 juvenile justice system, a victim shall have rights which shall 1 8 be protected in a manner not less than the rights afforded 1 9 a defendant. A victim shall have the right to be treated 1 10 with fairness and dignity by the state, and the victim's 1 11 safety and privacy shall be respected. A victim is any person 1 12 who is harmed as a direct result of any indictable offense 1 13 or comparable delinquent act, or any nonindictable offense 1 14 or comparable delinquent act involving an act or threat of 1 15 violence. A victim shall have the right to be informed of all 1 16 rights enumerated in this section. Upon request, a victim 1 17 shall have the right to reasonable and timely notice of all 1 18 court proceedings involving a criminal offense or delinquent 1 19 act; to be present at all court proceedings; and to be heard 1 20 in any proceeding involving a release, plea, sentencing, 1 21 disposition, parole, and any other proceeding during which a 1 22 right of the victim is implicated. A victim shall be afforded 1 23 no=contact orders or release conditions issued by the court 1 24 which are reasonably necessary to protect the victim and shall 1 25 be provided notice of any release or escape of the defendant. 1 26 A victim shall be entitled to full and timely restitution, 1 27 proceedings free from unreasonable delay, and the prompt 1 28 conclusion of a criminal case. A victim shall have the right 1 29 to confer with the attorney for the government. 1 30 The victim, the victim's attorney or other lawful 1 31 representative, or the attorney for the government upon request 1 32 of the victim, may assert and enforce the rights enumerated 1 33 in this section and any other right afforded the victim by 1 34 law. The court or other authority with jurisdiction shall 1 35 act promptly on such a request. This section does not create 2 1 any cause of action for compensation or damages against 2 2 the government or any officer, employee, or agent of the 2 3 government, or any governmental entity. 2 4 A victim does not include the defendant or a person the court 2 5 finds would not act in the best interests of a victim who is 2 6 deceased, incompetent, or incapacitated, or a minor. 2 7 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 2 8 amendment to the Constitution of the State of Iowa is referred 2 9 to the general assembly to be chosen at the next general 2 10 election for members of the general assembly, and the secretary 2 11 of state is directed to cause the proposed amendment to be 2 12 published for three consecutive months previous to the date of 2 13 that election as provided by law. 2 14 EXPLANATION 2 15 The inclusion of this explanation does not constitute agreement with 2 16 the explanation's substance by the members of the general assembly. 2 17 This joint resolution proposes an amendment to the 2 18 Constitution of the State of Iowa relating to the rights of a 2 19 crime victim. 2 20 The joint resolution specifies that in order to secure 2 21 justice and due process for a crime victim throughout the 2 22 criminal and juvenile justice system, a victim shall have 2 23 rights which shall be protected in a manner not less than the 2 24 rights afforded a defendant. 2 25 The resolution specifies that a victim is any person who 2 26 is harmed as a direct result of any indictable offense or 2 27 comparable delinquent act, or any nonindictable offense 2 28 or comparable delinquent act involving an act or threat of 2 29 violence. A victim does not include the defendant or a person 2 30 the court finds would not act in the best interests of a victim 2 31 who is deceased, incompetent, or incapacitated, or a minor. 2 32 The resolution requires that a victim have the right to 2 33 be treated with fairness and dignity by the state, and the 2 34 victim's safety and privacy shall be respected. A victim shall 2 35 have the right to be informed of all rights enumerated in the 3 1 resolution. Upon request of a victim, the resolution requires 3 2 the victim shall have the right to reasonable and timely 3 3 notice of all court proceedings involving a criminal offense 3 4 or delinquent act; to be present at all court proceedings; 3 5 and to be heard in any proceeding involving a release, plea, 3 6 sentencing, disposition, parole, and any other proceeding 3 7 during which a right of the victim is implicated. A victim 3 8 shall be afforded no=contact orders or release conditions 3 9 issued by the court which are reasonably necessary to protect 3 10 the victim and shall be provided notice of any release or 3 11 escape of the defendant. A victim shall be entitled to full 3 12 and timely restitution, proceedings free from unreasonable 3 13 delay, and the prompt conclusion of a criminal case. A victim 3 14 shall have the right to confer with the attorney for the 3 15 government. 3 16 The victim, the victim's attorney or other lawful 3 17 representative, or the attorney for the government upon request 3 18 of the victim, may assert and enforce the rights enumerated 3 19 in the resolution and any other right afforded the victim by 3 20 law. The court or other authority with jurisdiction shall 3 21 act promptly on such a request. The resolution does not 3 22 create any cause of action for compensation or damages against 3 23 the government or any officer, employee, or agent of the 3 24 government, or any governmental entity. 3 25 The resolution, if adopted, would be published and then 3 26 referred to the next general assembly (88th) for adoption a 3 27 second time, before being submitted to the electorate for 3 28 ratification. LSB 5459SV (2) 87 jm/rh
