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

                                                       Calendar No. 455
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, Mr. Grams, and Mr. 
Wyden) introduced the following joint resolution; which was read twice 
             and referred to the Committee on the Judiciary

                              July 7, 1998

                Reported by Mr. Hatch, with an amendment
[Strike out all after the resolving clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                            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), <DELETED>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:

                     <DELETED>``Article--</DELETED>

<DELETED>    ``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--</DELETED>
        <DELETED>    ``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;</DELETED>
        <DELETED>    ``to the foregoing rights at a parole proceeding 
        that is not public, to the extent those rights are afforded to 
        the convicted offender;</DELETED>
        <DELETED>    ``to reasonable notice of a release or escape from 
        custody relating to the crime;</DELETED>
        <DELETED>    ``to consideration for the interest of the victim 
        in a trial free from unreasonable delay;</DELETED>
        <DELETED>    ``to an order of restitution from the convicted 
        offender;</DELETED>
        <DELETED>    ``to consideration for the safety of the victim in 
        determining any release from custody; and</DELETED>
        <DELETED>    ``to reasonable notice of the rights established 
        by this article.</DELETED>
<DELETED>    ``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.</DELETED>
<DELETED>    ``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.</DELETED>
<DELETED>    ``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.</DELETED>
<DELETED>    ``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.''.</DELETED>
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. 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 statement at all 
        such proceedings to determine a conditional 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 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 relating to 
        the crime; and
            ``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 established by this article. 
Nothing in this article shall provide grounds to stay or continue any 
trial, reopen any proceeding or invalidate any ruling, except with 
respect to conditional release or restitution or to provide rights 
guaranteed by this article in future proceedings, without staying 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 proceedings, including military 
proceedings to the extent that the Congress may provide by law, 
juvenile justice proceedings, and proceedings in the District of 
Columbia and any commonwealth, territory or possession of the United 
States.''.
                                     





                                                       Calendar No. 455

105th CONGRESS

  2d Session

                             S. J. RES. 44

_______________________________________________________________________

                            JOINT RESOLUTION

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

_______________________________________________________________________

                              July 7, 1998

                       Reported with an amendment