[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 173 Introduced in House (IH)]







104th CONGRESS
  2d Session
H. J. RES. 173

  Proposing an amendment to the Constitution of the United States to 
                protect the rights of victims of crime.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 1996

Mr. Hyde 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 victims of crime.

    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 following article is proposed as an 
amendment to the Constitution 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:

                              ``Article --

    ``Section 1. To insure that victims of crime are treated with 
fairness, dignity, and respect, in each prosecution by the United 
States or a State, for a crime either involving violence or for which 
the defendant can be imprisoned for a period longer than one year, any 
victim of the crime shall have the right to receive notice of, and to 
be present at, every stage of the public proceedings, unless the court 
determines there is good cause for the victim not to be present; to 
comment at any such proceeding involving the possible release of the 
defendant from custody, the acceptance of any plea agreement with the 
defendant, or the sentencing of the defendant; to be informed of any 
release or escape of the defendant; to receive reasonable protection 
from physical harm or intimidation relating to the proceedings; to have 
the proceedings resolved in a prompt and timely manner; and to have the 
court order restitution from the defendant upon conviction.
    ``Section 2. The rights established in section 1 shall be made 
available to victims upon request to the prosecuting authority and in 
the manner provided by law under section 3.
    ``Section 3. The legislatures of the States, with respect to a 
proceeding in a State forum, and the Congress with respect to a 
proceeding in a United States forum, shall have the power to enforce 
this article by appropriate legislation.''.
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