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. 
Resolved by the Senate and House of Representatives 
of the United States of America in Congress assembled
(two-thirds of each House concurring therein), That the fol-
lowing article is proposed as an amendment to the Con-
stitution of the United States, which shall be valid to all 
intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several 
States within seven years after the date of its submission 
for ratification: 
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‘‘ARTICLE — 
‘‘SECTION 1. A victim of a crime of violence, as these 
terms may be defined by law, shall have the rights: 
‘‘to reasonable notice of, and not to be excluded 
from, any public proceedings relating to the crime; 
‘‘to be heard, if present, and to submit a state-
ment at all such proceedings to determine a condi-
tional release from custody, an acceptance of a nego-
tiated plea, or a sentence; 
‘‘to the foregoing rights at a parole proceeding 
that is not public, to the extent those rights are af-
forded to the convicted offender; 
‘‘to reasonable notice of and an opportunity to 
submit a statement concerning any proposed pardon 
or commutation of a sentence; 
‘‘to reasonable notice of a release or escape 
from custody relating to the crime; 
‘‘to consideration of the interest of the victim 
that any trial be free from unreasonable delay; 
‘‘to an order of restitution from the convicted 
offender; 
‘‘to consideration for the safety of the victim in 
determining any conditional release from custody re-
lating to the crime; and 
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‘‘to reasonable notice of the rights established 
by this article. 
‘‘SECTION 2. Only the victim or the victim’s lawful 
representative shall have standing to assert the rights es-
tablished by this article. Nothing in this article shall pro-
vide grounds to stay or continue any trial, reopen any pro-
ceeding or invalidate any ruling, except with respect to 
conditional release or restitution or to provide rights guar-
anteed by this article in future proceedings, without stay-
ing or continuing a trial. Nothing in this article shall give 
rise to or authorize the creation of a claim for damages 
against the United States, a State, a political subdivision, 
or a public officer or employee. 
‘‘SECTION 3. The Congress shall have the power to 
enforce this article by appropriate legislation. Exceptions 
to the rights established by this article may be created 
only when necessary to achieve a compelling interest. 
‘‘SECTION 4. This article shall take effect on the 
180th day after the ratification of this article. The right 
to an order of restitution established by this article shall 
not apply to crimes committed before the effective date 
of this article. 
‘‘SECTION 5. The rights and immunities established 
by this article shall apply in Federal and State pro-
ceedings, including military proceedings to the extent that 
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the Congress may provide by law, juvenile justice pro-
ceedings, and proceedings in the District of Columbia and 
any commonwealth, territory, or possession of the United 
States.’’. 
Æ 
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