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:
—
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 and an opportunity to submit
a statement concerning any proposed pardon or commutation of a
sentence;
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.
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.
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.
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.
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.
.