[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 65 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
S. J. RES. 65
Proposing an amendment to the Constitution of the the United States to 
                  protect the rights of crime victims.
_______________________________________________________________________
                   IN THE SENATE OF THE UNITED STATES

                           September 30, 1996

  Mr. Kyl (for himself, Mrs. Feinstein, and Mr. Exon) 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.

    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 for all intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several States 
within seven years from the date of its submission by the Congress:

                              ``Article.--

    ``Section 1. Victims of crimes of violence and other crimes that 
Congress and the States may define by law pursuant to section 3, shall 
have the rights to notice of and not to be excluded from all public 
proceedings relating to the crime; to be heard if present and to submit 
a statement at a public pre-trial or trial proceeding to determine a 
release from custody, an acceptance of a negotiated plea, or a 
sentence; to these rights at a parole proceeding to the extent they are 
afforded to the convicted offender; to notice of a release pursuant to 
a public or parole proceeding or an escape; to a final disposition free 
from unreasonable delay; to an order of restitution from the convicted 
offender; to have the safety of the victim considered in determining a 
release from custody; and to notice of the rights established by this 
article.
    ``Section 2. The victim shall have standing to assert the rights 
established by this article; however, nothing in this article shall 
provide grounds for the victim to challenge a charging decision or a 
conviction, obtain a stay of trial, or compel a new trial; nor shall 
anything in this article give rise to a claim for damages against the 
United States, a State, a political subdivision, or a public official; 
nor shall anything in this article provide grounds for the accused or 
convicted offender to obtain any form of relief.
    ``Section 3. The Congress and the States shall have the power to 
enforce this article within their respective Federal and State 
jurisdictions by appropriate legislation, including the power to enact 
exceptions when required for compelling reasons of public safety.
    ``Section 4. The rights established by this article shall be 
applicable to all proceedings occurring after ratification of this 
article.
    ``Section 5. The rights established by this article shall apply in 
all Federal, State, military, and juvenile justice proceedings, and 
shall also apply to victims in the District of Columbia, and any 
commonwealth, territory, or possession of the United States.''.
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