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S.J.Res. 44

A joint resolution proposing an amendment to the Constitution of the United States to protect the rights of crime victims.

Constitutional Amendment - Grants victims of crimes of violence the following rights: (1) to reasonable notice of, and to not be excluded from, any public proceedings relating to the crime; (2) to be heard, if present, and to submit a statement at all public proceedings to determine a conditional release from custody, an acceptance of a negotiated plea, or a sentence and at a non-public parole proceeding to the extent such rights are afforded to the convicted offender; (3) to reasonable notice of a release or escape from custody relating to the crime; (4) to consideration of the interest of the victim that any trial be free from unreasonable delay; (5) to an order of restitution from the convicted offender; (6) to consideration for the safety of the victim in determining any conditional release from custody relating to the crime; and (7) to reasonable notice of the rights established by this amendment.

(Sec. 2) Grants the victim or the victim's lawful representative standing to assert such rights.

Provides that nothing in this amendment shall: (1) 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 amendment in future proceedings, without staying or continuing a trial; and (2) 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.

(Sec. 3) Empowers the Congress to enforce this amendment by appropriate legislation. Allows exceptions to the rights established by this amendment only when necessary to achieve a compelling interest.

(Sec. 4) Makes: (1) the right to a restitution order established by this amendment inapplicable to crimes committed before its effective date; and (2) the rights and immunities established by this amendment applicable 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.

By Senator Hatch from Committee on Judiciary filed written report. Report No. 105-409. Additional and minority views filed.

Sen. Kyl, Jon [R-AZ](R-AZ)Sponsor
41 cosponsors12 D29 R
41cosponsors1committees11actions25subjects
  1. Floor

    By Senator Hatch from Committee on Judiciary filed written report. Report No. 105-409. Additional and minority views filed.

    Judiciary Committee
  2. Committee14900

    By Senator Hatch from Committee on Judiciary filed written report. Report No. 105-409. Additional and minority views filed.

    Judiciary Committee
  3. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 455.

  4. Committee

    Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  5. Committee14000

    Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment in the nature of a substitute. Without written report.

    Judiciary Committee
  6. Committee

    Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  7. Committee

    Committee on Judiciary. Committee consideration and Mark Up Session held.

    Judiciary Committee
  8. Committee

    Committee on Judiciary. Committee consideration and Mark Up Session held.

    Judiciary Committee
  9. Committee

    Committee on Judiciary. Hearings held. Hearings printed: S.Hrg. 105-798.

    Judiciary Committee
  10. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  11. IntroReferral10000

    Introduced in Senate

Jul 7, 199801

Constitutional Amendment - Grants victims of crimes of violence the following rights: (1) to reasonable notice of, and to not be excluded from, any public proceedings relating to the crime; (2) to be heard, if present, and to submit a statement at all public proceedings to determine a conditional release from custody, an acceptance of a negotiated plea, or a sentence and at a non-public parole proceeding to the extent such rights are afforded to the convicted offender; (3) to reasonable notice of a release or escape from custody relating to the crime; (4) to consideration of the interest of the victim that any trial be free from unreasonable delay; (5) to an order of restitution from the convicted offender; (6) to consideration for the safety of the victim in determining any conditional release from custody relating to the crime; and (7) to reasonable notice of the rights established by this amendment.

(Sec. 2) Grants the victim or the victim's lawful representative standing to assert such rights.

Provides that nothing in this amendment shall: (1) 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 amendment in future proceedings, without staying or continuing a trial; and (2) 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.

(Sec. 3) Empowers the Congress to enforce this amendment by appropriate legislation. Allows exceptions to the rights established by this amendment only when necessary to achieve a compelling interest.

(Sec. 4) Makes: (1) the right to a restitution order established by this amendment inapplicable to crimes committed before its effective date; and (2) the rights and immunities established by this amendment applicable 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.

Apr 1, 199800

Constitutional Amendment - Grants victims of crimes of violence the right to: (1) reasonable notice of, and to not be excluded from, all public proceedings relating to the crime; (2) be heard, if present, and to submit a statement at all public proceedings to determine a release from custody, an acceptance of a negotiated plea, or a sentence (grants such rights at a non-public parole proceeding to the extent they are afforded to the convicted offender); (3) reasonable notice of a release or escape from custody relating to the crime; (4) consideration for the interest of the victim in a trial free from unreasonable delay; (5) an order of restitution from the convicted offender; (6) consideration for the safety of the victim in determining any release from custody; and (7) reasonable notice of the rights established by this amendment.

Grants the victim or the victim's representative standing to assert such rights.

Provides that nothing in this amendment shall: (1) provide grounds for the victim to challenge a charging decision or a conviction, to overturn a sentence or negotiated plea, to obtain a stay of trial, or to compel a new trial; and (2) give rise to a claim for damages against the United States, a State, a political subdivision, or a public official.

Empowers the Congress and the States to implement and enforce this amendment within their respective jurisdictions by appropriate legislation, including by enacting exceptions when necessary to achieve a compelling interest.