[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 6 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
S. J. RES. 6

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

Mr. Kyl (for himself and Mrs. Feinstein) 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, and other crimes 
that Congress may define by law, 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 written statement at a 
public pretrial or trial proceeding to determine a release from 
custody, an acceptance of a negotiated plea, or a sentence;
    ``To the rights described in the preceding portions of this section 
at a public parole proceeding, or at a non-public 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 of the proceedings relating to the crime 
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 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 challenge a charging decision or a 
conviction; 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, 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 for compelling reasons of public safety or for judicial 
efficiency in mass victim cases.
    ``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 collateral proceedings such as habeas corpus, and 
including proceedings in any district or territory of the United States 
not within a State.''.
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