IA 

111TH CONGRESS 

1ST SESSION H. J. RES. 59 

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

the rights of crime victims. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 9, 2009 

Mr. STUPAK 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 

8 States within seven years after the date of its submission 

9 for ratification: 


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1 ‘‘ARTICLE— 

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

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

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

5 from, any public proceedings relating to the crime; 

6 ‘‘to be heard, if present, and to submit a state7 ment at all such proceedings to determine a condi8 tional release from custody, an acceptance of a nego9 tiated plea, or a sentence; 

10 ‘‘to the foregoing rights at a parole proceeding 

11 that is not public, to the extent those rights are af12 forded to the convicted offender; 

13 ‘‘to reasonable notice of and an opportunity to 

14 submit a statement concerning any proposed pardon 

15 or commutation of a sentence; 

16 ‘‘to reasonable notice of a release or escape 

17 from custody relating to the crime; 

18 ‘‘to consideration of the interest of the victim 

19 that any trial be free from unreasonable delay; 

20 ‘‘to an order of restitution from the convicted 

21 offender; 

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

23 determining any conditional release from custody re24 lating to the crime; and 


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1 ‘‘to reasonable notice of the rights established 

2 by this article. 

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

4 representative shall have standing to assert the rights es5 tablished by this article. Nothing in this article shall pro6 vide grounds to stay or continue any trial, reopen any pro7 ceeding or invalidate any ruling, except with respect to 

8 conditional release or restitution or to provide rights guar9 anteed by this article in future proceedings, without stay10 ing or continuing a trial. Nothing in this article shall give 

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

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

13 or a public officer or employee. 

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

15 enforce this article by appropriate legislation. Exceptions 

16 to the rights established by this article may be created 

17 only when necessary to achieve a compelling interest. 

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

19 180th day after the ratification of this article. The right 

20 to an order of restitution established by this article shall 

21 not apply to crimes committed before the effective date 

22 of this article. 

23 ‘‘SECTION 5. The rights and immunities established 

24 by this article shall apply in Federal and State pro25 ceedings, including military proceedings to the extent that 


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1 the Congress may provide by law, juvenile justice pro2 ceedings, and proceedings in the District of Columbia and 

3 any commonwealth, territory, or possession of the United 

4 States.’’. 

Æ 


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