IA

106TH CONGRESS

1ST SESSION H. J. RES. 64

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

the rights of crime victims.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 4, 1999

Mr. CHABOT (for himself, Ms. ROS-LEHTINEN, Mr. SALMON, Mr. BARCIA, Mr.

SESSIONS, Mr. BRADY of Texas, Ms. PRYCE of Ohio, Mr. LOBIONDO,

Mrs. BONO, Mr. SHADEGG, Mr. SMITH of New Jersey, Mr. HORN, Mr.

CUNNINGHAM, Mr. GREEN of Wisconsin, Mr. LATOURETTE, Mr.

LAHOOD, Ms. GRANGER, Mr. GALLEGLY, Mr. GEKAS, Mr. DELAY, Mr.

YOUNG of Alaska, Mr. MORAN of Virginia, Mr. FOLEY, and Mrs.

MYRICK) introduced the following joint resolution; which was 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 to all

6 intents and purposes as part of the Constitution when

7 ratified by the legislatures of three-fourths of the several
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1 States within seven years after the date of its submission

2 for ratification:

3 ‘‘ARTICLE—

4 ‘‘SECTION 1. Each individual who is a victim of a

5 crime for which the defendant can be imprisoned for a

6 period longer than one year or any other crime that in7 volves violence shall have the rights—

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

9 from, any public proceedings relating to the crime;

10 ‘‘to be heard, if present, and to submit a state11 ment at all such proceedings to determine a condi12 tional release from custody, an acceptance of a nego13 tiated plea, or a sentence;

14 ‘‘to reasonable notice of and an opportunity to

15 submit a statement concerning any proposed pardon

16 or commutation of a sentence;

17 ‘‘to the foregoing rights at a parole proceeding

18 that is not public, to the extent those rights are af19 forded to the convicted offender;

20 ‘‘to reasonable notice of a release or escape

21 from custody relating to the crime;

22 ‘‘to consideration of the interest of the victim

23 that any trial be free from unreasonable delay;

24 ‘‘to an order of restitution from the convicted

25 offender;
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1 ‘‘to consideration for the safety of the victim in

2 determining any conditional release from custody re3 lating to the crime; and

4 ‘‘to reasonable notice of the rights established

5 by this article.

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

7 representative shall have standing to assert the rights es8 tablished by this article. Nothing in this article shall pro9 vide grounds to stay or continue any trial, reopen any pro10 ceeding or invalidate any ruling, except with respect to

11 conditional release or restitution or to provide rights guar12 anteed by this article in future proceedings, without stay13 ing or continuing a trial. Nothing in this article shall give

14 rise to or authorize the creation of a claim for damages

15 against the United States, a State, a political subdivision,

16 or a public officer or employee.

17 ‘‘SECTION 3. The Congress shall have the power to

18 enforce this article by appropriate legislation. Exceptions

19 to the rights established by this article may be created

20 only when necessary to achieve a compelling interest.

21 ‘‘SECTION 4. This article shall take effect on the

22 180th day after the ratification of this article. The right

23 to an order of restitution established by this article shall

24 not apply to crimes committed before the effective date

25 of this article.
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1 ‘‘SECTION 5. The rights and immunities established

2 by this article shall apply in Federal and State pro3 ceedings, including military proceedings to the extent Con4 gress may provide by law, juvenile justice proceedings and

5 proceedings in the District of Columbia and any common6 wealth, territory, or possession of the United States.’’.

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