II

105TH CONGRESS

2D SESSION S. J. RES. 44

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

the rights of crime victims.

IN THE SENATE OF THE UNITED STATES

APRIL 1, 1998

Mr. KYL (for himself, Mrs. FEINSTEIN, Mr. BIDEN, Mr. LOTT, Mr. THURMOND, Mr. TORRICELLI, Mr. BREAUX, Mr. GRASSLEY, Mr. DEWINE, Mr.

FORD, Mr. REID, Mr. GRAMM, Mr. MACK, Ms. LANDRIEU, Mr. CLELAND,

Mr. COVERDELL, Mr. CRAIG, Mr. INOUYE, Mr. BRYAN, Ms. SNOWE, Mr.

THOMAS, Mr. WARNER, Mr. LIEBERMAN, Mr. ALLARD, Mrs.

HUTCHISON, Mr. D’AMATO, Mr. SHELBY, Mr. CAMPBELL, Mr. COATS,

Mr. FAIRCLOTH, Mr. FRIST, Mr. SMITH of New Hampshire, Mr. GREGG,

Mr. HAGEL, Mr. HELMS, Mr. SMITH of Oregon, Mr. HUTCHINSON, Mr.

INHOFE, Mr. MURKOWSKI, Mr. BOND, and Mr. GRAMS) 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
2

SJ 44 IS

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

2 States within seven years from the date of its submission

3 by the Congress:

4 ‘‘ARTICLE—

5 ‘‘SECTION 1. Each victim of a crime of violence shall

6 have the rights to reasonable notice of, and not to be ex7 cluded from, all public proceedings relating to the crime—

8 ‘‘to be heard, if present, and to submit a state9 ment at all public proceedings to determine a release

10 from custody, an acceptance of a negotiated plea, or

11 a sentence;

12 ‘‘to the foregoing rights at a parole proceeding

13 that is not public, to the extent those rights are af14 forded to the convicted offender;

15 ‘‘to reasonable notice of a release or escape

16 from custody relating to the crime;

17 ‘‘to consideration for the interest of the victim

18 in a trial free from unreasonable delay;

19 ‘‘to an order of restitution from the convicted

20 offender;

21 ‘‘to consideration for the safety of the victim in

22 determining any release from custody; and

23 ‘‘to reasonable notice of the rights established

24 by this article.
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SJ 44 IS

1 ‘‘SECTION 2. Only the victim or the victim’s rep2 resentative shall have standing to assert the rights estab3 lished by this article. Nothing in this article shall provide

4 grounds for the victim to challenge a charging decision

5 or a conviction; to overturn a sentence or negotiated plea;

6 to obtain a stay of trial; or to compel a new trial. Nothing

7 in this article shall give rise to a claim for damages against

8 the United States, a State, a political subdivision, or a

9 public official.

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

11 the power to implement and enforce this article within

12 their respective jurisdictions by appropriate legislation, in13 cluding the power to enact exceptions when necessary to

14 achieve a compelling interest.

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

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

17 180th day after the ratification of this article.

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

19 shall apply in all Federal and State proceedings, including

20 military proceedings to the extent that Congress may pro21 vide by law, juvenile justice proceedings, and proceedings

22 in any district or territory of the United States not within

23 a State.’’.

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