[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 71 Introduced in House (IH)]







105th CONGRESS
  1st Session
H. J. RES. 71

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 1997

 Mr. Hyde (for himself, Ms. Pryce of Ohio, Mr. Barcia, Mr. Royce, Mr. 
Stump, Mr. Bono, Mr. Moran of Virginia, Mr. Horn, Mr. Brady, Mr. Foley, 
    Mr. Stearns, Mr. Gallegly, Ms. Ros-Lehtinen, and Mr. LoBiondo) 
 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 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. Each individual who is a victim of a crime for which 
the defendant can be imprisoned for a period longer than one year or 
any other crime that involves violence shall have the right--
            ``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 written 
        statement at all public proceedings, relating to the crime, to 
        determine a release from custody, an acceptance of a negotiated 
        plea, or a sentence;
            ``to the rights described in the preceding portion of this 
        section at a parole proceeding that is not public, to the 
        extent those rights are afforded to the convicted offender;
            ``to notice of any release or escape from custody relating 
        to the crime;
            ``to seek relief from an unreasonable delay of the final 
        disposition of the proceedings relating to the crime;
            ``to an order of restitution from the convicted offender;
            ``to consideration for the safety of the victim in 
        determining any release from custody; and
            ``to notice of the rights established by this article;
however, the rights to notice under this section are not violated if 
the proper authorities make a reasonable effort, but are unable to 
provide the notice, or if the failure of the victim to make a 
reasonable effort to make those authorities aware of the victim's 
whereabouts prevents that notice.
    ``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 overturn a charging decision, a 
conviction, or a sentence; to obtain a stay of trial; or to compel a 
new trial. Nothing in this article shall give rise to any claim for 
damages, nor 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 jurisdictions by 
appropriate legislation, including the power to enact exceptions when 
required by the public interest.
    ``Section 4. The rights established by this article shall apply to 
all proceedings that begin on or after the 180th day after the 
ratification of this article.
    ``Section 5. The rights established by this article shall apply in 
all Federal and State criminal proceedings, including military 
proceedings, juvenile justice proceedings, and collateral proceedings 
such as habeas corpus, and including similar proceedings in any 
district or territory of the United States not within a State.''.
                                 <all>