IIA

Calendar No. 299

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. GREGG, Mr. THOMAS, Mr.

CRAIG, Mr. GRAMS, Mr. INHOFE, Mr. THURMOND, Mr. WARNER, Mr.

TORRICELLI, Mr. BRYAN, Mr. HAGEL, Mr. CAMPBELL, Mr. MURKOWSKI,

Mr. BUNNING, Mr. VOINOVICH, 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

OCTOBER 4, 1999

Reported by Mr. HATCH, with an amendment

[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

3 (two-thirds of each House concurring therein), That the fol-
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1 lowing article is proposed as an amendment to the Con2 stitution of the United States, which shall be valid for all

3 intents and purposes as part of the Constitution when

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

5 States within seven years from the date of its submission

6 by the Congress:

7 ‘‘ARTICLE—

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

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

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

11 from, any public proceedings relating to the crime;

12 ‘‘to be heard, if present, and to submit a state13 ment at all such proceedings to determine a condi14 tional release from custody, an acceptance of a nego15 tiated plea, or 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 and an opportunity to

20 submit a statement concerning any proposed pardon

21 or commutation of a sentence;

22 ‘‘to reasonable notice of a release or escape

23 from custody relating to the crime;

24 ‘‘to consideration of the interest of the victim

25 that any trial be free from unreasonable delay;
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1 ‘‘to an order of restitution from the convicted

2 offender;

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

7 by this article.

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

9 representative shall have standing to assert the rights es10 tablished by this article. Nothing in this article shall pro11 vide grounds to stay or continue any trial, reopen any pro12 ceeding or invalidate any ruling, except with respect to

13 conditional release or restitution or to provide rights guar14 anteed by this article in future proceedings, without stay15 ing or continuing a trial. Nothing in this article shall give

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

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

18 or a public officer or employee.

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

20 enforce this article by appropriate legislation. Exceptions

21 to the rights established by this article may be created

22 only when necessary to achieve a compelling interest.

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

24 180th day after the ratification of this article. The right

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

2 of this article.

3 ‘‘SECTION 5. The rights and immunities established

4 by this article shall apply in Federal and State pro5 ceedings, including military proceedings to the extent that

6 the Congress may provide by law, juvenile justice pro7 ceedings, and proceedings in the District of Columbia and

8 any commonwealth, territory, or possession of the United

9 States.’’.

Calendar No. 299

106TH CONGRESS

1ST SESSION S. J. RES. 3

JOINT RESOLUTION

Proposing an amendment to the Constitution of the

United States to protect the rights of crime victims.

OCTOBER 4, 1999

Reported with an amendment