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Calendar No. 455

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, Mr. GRAMS, and Mr. WYDEN) introduced the following joint resolution; which was read twice and referred

to the Committee on the Judiciary

JULY 7, 1998

Reported by Mr. HATCH, with an amendment

[Strike out all after the resolving clause and insert the part printed in italic]

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
2

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1 (two-thirds of each House concurring therein), That the fol2 lowing article is proposed as an amendment to the Con3 stitution of the United States, which shall be valid for all

4 intents and purposes as part of the Constitution when

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

6 States within seven years from the date of its submission

7 by the Congress:

8 ‘‘ARTICLE—

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

10 have the rights to reasonable notice of, and not to be ex11 cluded from, all public proceedings relating to the crime—

12 ‘‘to be heard, if present, and to submit a state13 ment at all public proceedings to determine a release

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

15 a sentence;

16 ‘‘to the foregoing rights at a parole proceeding

17 that is not public, to the extent those rights are af18 forded to the convicted offender;

19 ‘‘to reasonable notice of a release or escape

20 from custody relating to the crime;

21 ‘‘to consideration for the interest of the victim

22 in a trial free from unreasonable delay;

23 ‘‘to an order of restitution from the convicted

24 offender;
3

SJ 44 RS1S

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

2 determining any release from custody; and

3 ‘‘to reasonable notice of the rights established

4 by this article.

5 ‘‘SECTION 2. Only the victim or the victim’s rep6 resentative shall have standing to assert the rights estab7 lished by this article. Nothing in this article shall provide

8 grounds for the victim to challenge a charging decision

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

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

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

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

13 public official.

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

15 the power to implement and enforce this article within

16 their respective jurisdictions by appropriate legislation, in17 cluding the power to enact exceptions when necessary to

18 achieve a compelling interest.

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 proceedings
4

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

2 a State.’’.

3 That the following article is proposed as an amendment to

4 the Constitution of the United States, which shall be valid

5 for all intents and purposes as part of the Constitution

6 when ratified by the legislatures of three-fourths of the sev7 eral States within seven years from the date of its submis8 sion by the Congress:

9 ‘‘ARTICLE—

10 ‘‘SECTION 1. A victim of a crime of violence, as these

11 terms may be defined by law, shall have the rights:

12 ‘‘to reasonable notice of, and not to be excluded

13 from, any public proceedings relating to the crime;

14 ‘‘to be heard, if present, and to submit a state15 ment at all such proceedings to determine a condi16 tional release from custody, an acceptance of a nego17 tiated plea, or a sentence;

18 ‘‘to the foregoing rights at a parole proceeding

19 that is not public, to the extent those rights are af20 forded to the convicted offender;

21 ‘‘to reasonable notice of a release or escape from

22 custody relating to the crime;

23 ‘‘to consideration of the interest of the victim

24 that any trial be free from unreasonable delay;
5

SJ 44 RS1S

1 ‘‘to an order of restitution from the convicted of2 fender;

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

4 determining any conditional release from custody re5 lating to the crime; and

6 ‘‘to reasonable notice of the rights established by

7 this article.

8 ‘‘SECTION 2. Only the victim or the victim’s lawful

9 representative shall have standing to assert the rights estab10 lished by this article. Nothing in this article shall provide

11 grounds to stay or continue any trial, reopen any proceed12 ing or invalidate any ruling, except with respect to condi13 tional release or restitution or to provide rights guaranteed

14 by this article in future proceedings, without staying or

15 continuing a trial. Nothing in this article shall give rise

16 to or authorize the creation of a claim for damages against

17 the United States, a State, a political subdivision, or a pub18 lic officer or employee.

19 ‘‘SECTION 3. The Congress shall have the power to en20 force this article by appropriate legislation. Exceptions to

21 the rights established by this article may be created only

22 when necessary to achieve a compelling interest.

23 ‘‘SECTION 4. This article shall take effect on the 180th

24 day after the ratification of this article. The right to an

25 order of restitution established by this article shall not
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1 apply to crimes committed before the effective date of this

2 article.

3 ‘‘SECTION 5. The rights and immunities established by

4 this article shall apply in Federal and State proceedings,

5 including military proceedings to the extent that the Con6 gress may provide by law, juvenile justice proceedings, and

7 proceedings in the District of Columbia and any common8 wealth, territory or possession of the United States.’’.

Calendar No. 455

105TH CONGRESS

2D SESSION S. J. RES. 44

JOINT RESOLUTION

United States to protect the rights of crime victims.

Proposing an amendment to the Constitution of the

JULY 7, 1998

Reported with an amendment