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106TH CONGRESS

1ST SESSION S. J. RES. 3

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 19, 1999

Mr. KYL (for himself, Mrs. FEINSTEIN, Mr. BIDEN, Mr. GRASSLEY, Mr.

INOUYE, Mr. DEWINE, Ms. LANDRIEU, Ms. SNOWE, Mr. LIEBERMAN,

Mr. MACK, Mr. CLELAND, Mr. COVERDELL, Mr. SMITH of New Hampshire, Mr. SHELBY, Mr. HUTCHINSON, Mr. HELMS, Mr. FRIST, Mr.

GRAMM, Mr. LOTT, and Mrs. HUTCHISON) 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
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1 States within seven years from the date of its submission

2 by the Congress:

3 ‘‘ARTICLE—

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

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

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

7 from, any public proceedings relating to the crime;

8 ‘‘to be heard, if present, and to submit a state9 ment at all such proceedings to determine a condi10 tional release from custody, an acceptance of a nego11 tiated plea, or 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 of the interest of the victim

18 that any trial be 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 conditional release from custody re23 lating to the crime; and

24 ‘‘to reasonable notice of the rights established

25 by this article.
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1 ‘‘SECTION 2. Only the victim or the victim’s lawful

2 representative shall have standing to assert the rights es3 tablished by this article. Nothing in this article shall pro4 vide grounds to stay or continue any trial, reopen any pro5 ceeding or invalidate any ruling, except with respect to

6 conditional release or restitution or to provide rights guar7 anteed by this article in future proceedings, without stay8 ing or continuing a trial. Nothing in this article shall give

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

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

11 or a public officer or employee.

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

13 enforce this article by appropriate legislation. Exceptions

14 to the rights established by this article may be created

15 only when necessary to achieve a compelling interest.

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

17 180th day after the ratification of this article. The right

18 to an order of restitution established by this article shall

19 not apply to crimes committed before the effective date

20 of this article.

21 ‘‘SECTION 5. The rights and immunities established

22 by this article shall apply in Federal and State proceed23 ings, including military proceedings to the extent that the

24 Congress may provide by law, juvenile justice proceedings,
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1 and proceedings in the District of Columbia and any com2 monwealth, territory, or possession of the United States.’’.

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