[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 44 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
S. J. RES. 44

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 1, 1998

    Mr. Kyl (for himself, Mrs. Feinstein, Mr. Biden, Mr. Lott, Mr. 
  Thurmond, Mr. Torricelli, Mr. Breaux, Mr. Grassley, Mr. DeWine, Mr. 
  Ford, Mr. Reid, Mr. Gramm, Mr. Mack, Ms. Landrieu, Mr. Cleland, Mr. 
Coverdell, Mr. Craig, Mr. Inouye, Mr. Bryan, Ms. Snowe, Mr. Thomas, Mr. 
  Warner, Mr. Lieberman, Mr. Allard, Mrs. Hutchison, Mr. D'Amato, Mr. 
Shelby, Mr. Campbell, Mr. Coats, Mr. Faircloth, Mr. Frist, Mr. Smith of 
 New Hampshire, Mr. Gregg, Mr. Hagel, Mr. Helms, Mr. Smith of Oregon, 
  Mr. Hutchinson, Mr. Inhofe, Mr. Murkowski, Mr. Bond, and Mr. Grams) 
  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. Each victim of a crime of violence shall have the 
rights to reasonable 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 all 
        public proceedings to determine a release from custody, an 
        acceptance of a negotiated plea, or a sentence;
            ``to the foregoing rights at a parole proceeding that is 
        not public, to the extent those rights are afforded to the 
        convicted offender;
            ``to reasonable notice of a release or escape from custody 
        relating to the crime;
            ``to consideration for the interest of the victim in a 
        trial free from unreasonable delay;
            ``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 reasonable notice of the rights established by this 
        article.
    ``Section 2. Only the victim or the victim's representative shall 
have standing to assert the rights established by this article. Nothing 
in this article shall provide grounds for the victim to challenge a 
charging decision or a conviction; to overturn a sentence or negotiated 
plea; to obtain a stay of trial; or to compel a new trial. Nothing in 
this article shall give rise to a claim for damages against the United 
States, a State, a political subdivision, or a public official.
    ``Section 3. The Congress and the States shall have the power to 
implement and enforce this article within their respective 
jurisdictions by appropriate legislation, including the power to enact 
exceptions when necessary to achieve a compelling 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 proceedings, including military proceedings to 
the extent that Congress may provide by law, juvenile justice 
proceedings, and proceedings in any district or territory of the United 
States not within a State.''.
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