[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 64 Introduced in House (IH)]







106th CONGRESS
  1st Session
H. J. RES. 64

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 1999

Mr. Chabot (for himself, Ms. Ros-Lehtinen, Mr. Salmon, Mr. Barcia, Mr. 
  Sessions, Mr. Brady of Texas, Ms. Pryce of Ohio, Mr. LoBiondo, Mrs. 
 Bono, Mr. Shadegg, Mr. Smith of New Jersey, Mr. Horn, Mr. Cunningham, 
 Mr. Green of Wisconsin, Mr. LaTourette, Mr. LaHood, Ms. Granger, Mr. 
   Gallegly, Mr. Gekas, Mr. DeLay, Mr. Young of Alaska, Mr. Moran of 
 Virginia, Mr. Foley, and Mrs. Myrick) 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 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 reasonable notice of and an opportunity to submit a 
        statement concerning any proposed pardon or commutation of 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 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.''.
                                 <all>