Constitutional Amendment - Prohibits denial or abridgement of the rights of a crime victim to fairness, respect, and dignity. Grants a crime victim the right: (1) to reasonable notice of, and to not be excluded from, public proceedings relating to the offense; (2) to be heard at any release, plea, sentencing, or other such proceeding involving any right established under this amendment; (3) to proceedings free from unreasonable delay; (4) to reasonable notice of the release or escape of the accused; (5) to due consideration of the crime victim's safety and privacy; and (6) to restitution.
Grants the crime victim, or the victim's lawful representative, standing to fully assert and enforce such rights in any court.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 40 Introduced in House (IH)]
113th CONGRESS
1st Session
H. J. RES. 40
Proposing an amendment to the Constitution of the United States to
protect the rights of crime victims.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 23, 2013
Mr. Franks of Arizona (for himself, Mr. Costa, Mr. Royce, Mr. Gosar,
Mr. Schweikert, Mr. Salmon, Mr. Jones, Mr. Chabot, Mr. Meadows, Mr.
Nunnelee, Mr. Cramer, Mr. Bentivolio, Mr. Fleming, and Mr. Yoder)
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:
``Article--
``Section 1. The rights of a crime victim to fairness, respect, and
dignity, being capable of protection without denying the constitutional
rights of the accused, shall not be denied or abridged by the United
States or any State. The crime victim shall, moreover, have the rights
to reasonable notice of, and shall not be excluded from, public
proceedings relating to the offense, to be heard at any release, plea,
sentencing, or other such proceeding involving any right established by
this article, to proceedings free from unreasonable delay, to
reasonable notice of the release or escape of the accused, to due
consideration of the crime victim's safety and privacy, and to
restitution. The crime victim or the crime victim's lawful
representative has standing to fully assert and enforce these rights in
any court. Nothing in this article provides grounds for a new trial or
any claim for damages and no person accused of the conduct described in
section 2 of this article may obtain any form of relief.
``Section 2. For purposes of this article, a crime victim includes
any person against whom the criminal offense is committed or who is
directly and proximately harmed by the commission of an act, which, if
committed by a competent adult, would constitute a crime.
``Section 3. This article shall be inoperative unless it has been
ratified as an amendment to the Constitution by the legislatures of
three-fourths of the several States within 14 years after the date of
its submission to the States by the Congress. This article shall take
effect on the 180th day after the date of its ratification.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution and Civil Justice.
Committee Hearings Held.
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