[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 35 Introduced in Senate (IS)]

  2d Session
S. J. RES. 35

  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 15, 2002

 Mrs. Feinstein (for herself, Mr. Kyl, Mr. Bayh, Mr. Lott, Mr. Breaux, 
  Mr. Allard, Mr. Cleland, Mr. Bunning, Ms. Landrieu, Mr. Craig, Mrs. 
 Lincoln, Mr. DeWine, Mr. Wyden, Mr. Frist, Mr. Hagel, Mr. Helms, Mr. 
  Hutchinson, Mrs. Hutchison, Mr. Inhofe, Mr. McCain, Mr. Shelby, Mr. 
    Smith of Oregon, and Mr. Warner) 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 to all intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several States, 
and which shall take effect on the 180th day after ratification of this 
article:

                              ``Article--

    ``Section 1. The rights of victims of violent crime, being capable 
of protection without denying the constitutional rights of those 
accused of victimizing them, are hereby established and shall not be 
denied by any State or the United States and may be restricted only as 
provided in this article.
    ``Section 2. A victim of violent crime shall have the right to 
reasonable and timely notice of any public proceeding involving the 
crime and of any release or escape of the accused; the rights not to be 
excluded from such public proceeding and reasonably to be heard at 
public release, plea, sentencing, reprieve, and pardon proceedings; and 
the right to adjudicative decisions that duly consider the victim's 
safety, interest in avoiding unreasonable delay, and just and timely 
claims to restitution from the offender. These rights shall not be 
restricted except when and to the degree dictated by a substantial 
interest in public safety or the administration of criminal justice, or 
by compelling necessity.
    ``Section 3. Nothing in this article shall be construed to provide 
grounds for a new trial or to authorize any claim for damages. Only the 
victim or the victim's lawful representative may assert the rights 
established by this article, and no person accused of the crime may 
obtain any form of relief hereunder.
    ``Section 4. Congress shall have power to enforce by appropriate 
legislation the provisions of this article. Nothing in this article 
shall affect the President's authority to grant reprieves or pardons.
    ``Section 5. This article shall be inoperative unless it shall have 
been ratified as an amendment to the Constitution by the legislatures 
of three-fourths of the several States within seven years from the date 
of its submission to the States by the Congress.''.
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