II

105TH CONGRESS

1ST SESSION S. J. RES. 6

Proposing an amendment to the Constitution of the United States to protect

the rights of crime victims.

IN THE SENATE OF THE UNITED STATES

JANUARY 21, 1997

Mr. KYL (for himself and Mrs. FEINSTEIN) introduced the following joint resolution; which was read twice and referred to the Committee on the Judiciary

JOINT RESOLUTION

Proposing an amendment to the Constitution of the United

States to protect the rights of crime victims.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid for all

6 intents and purposes as part of the Constitution when

7 ratified by the legislatures of three-fourths of the several

8 States within seven years from the date of its submission

9 by the Congress:
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1 ‘‘ARTICLE—

2 ‘‘SECTION 1. Each victim of a crime of violence, and

3 other crimes that Congress may define by law, shall have

4 the rights to notice of, and not to be excluded from, all

5 public proceedings relating to the crime:

6 ‘‘To be heard, if present, and to submit a written

7 statement at a public pretrial or trial proceeding to deter8 mine a release from custody, an acceptance of a negotiated

9 plea, or a sentence;

10 ‘‘To the rights described in the preceding portions of

11 this section at a public parole proceeding, or at a non12 public parole proceeding to the extent they are afforded

13 to the convicted offender;

14 ‘‘To notice of a release pursuant to a public or parole

15 proceeding or an escape;

16 ‘‘To a final disposition of the proceedings relating to

17 the crime free from unreasonable delay;

18 ‘‘To an order of restitution from the convicted of19 fender;

20 ‘‘To consideration for the safety of the victim in de21 termining any release from custody; and

22 ‘‘To notice of the rights established by this article;

23 however, the rights to notice under this section are not

24 violated if the proper authorities make a reasonable effort,

25 but are unable to provide the notice, or if the failure of
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1 the victim to make a reasonable effort to make those au2 thorities aware of the victim’s whereabouts prevents that

3 notice.

4 ‘‘SECTION 2. The victim shall have standing to assert

5 the rights established by this article. However, nothing in

6 this article shall provide grounds for the victim to chal7 lenge a charging decision or a conviction; to obtain a stay

8 of trial; or to compel a new trial. Nothing in this article

9 shall give rise to a claim for damages against the United

10 States, a State, a political subdivision, or a public official,

11 nor provide grounds for the accused or convicted offender

12 to obtain any form of relief.

13 ‘‘SECTION 3. The Congress and the States shall have

14 the power to enforce this article within their respective ju15 risdictions by appropriate legislation, including the power

16 to enact exceptions when required for compelling reasons

17 of public safety or for judicial efficiency in mass victim

18 cases.

19 ‘‘SECTION 4. The rights established by this article

20 shall apply to all proceedings that begin on or after the

21 180th day after the ratification of this article.

22 ‘‘SECTION 5. The rights established by this article

23 shall apply in all Federal and State proceedings, including

24 military proceedings to the extent that Congress may pro25 vide by law, juvenile justice proceedings, and collateral
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1 proceedings such as habeas corpus, and including proceed2 ings in any district or territory of the United States not

3 within a State.’’.

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