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i wD 4 @ ~*~ ce *Draft* JOINT RESOLUTION 7 *Draft* 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: Section 1. With respect to crimes of violence, and other crimes that Congress and the States may define by law pursuant to section 3 of this article, and throughout the criminal, military, and juvenile justice processes, whether state or 10 federal, victims shall have the rights to be informed of and not to be excluded from SS 11 any proceeding involving a release from custody or any public proceeding in which 12 those rights are extended to the accused or convicted offender; to be given the 13 opportunity to be heard if present, or to submit a statement, at any proceeding 14 involving a release from custody or sentencing, including the right to be heard 15 regarding a previously negotiated plea; to be informed of any release or escape; to a 16 _ final disposition free from unreasonable delay; to an order of full restitution from 17 the convicted offender; to reasonable conditions of confinement or release for the OWMINDARWHHY H tr t i { : { 18 accused or convicted offender to protect the victim from violence or intimidation; 19 and to notice of their rights. i : 20 | 21 Section 2. The victim shall have standing to assert the rights established by 22 this article in the relevant proceeding; however, nothing in this article shall provide . 23 grounds for a victim to challenge a charging decision or a conviction; nor shall ee 24 anything in this article give rise to a cause of action for damages against the United Eee 25 States, a State, a political subdivision, or any public official; nor shall an alleged ie 26 violation of this article provide grounds for an accused or convicted offender to ees 27 obtain any form of relief. 7 28 { 29 Section 3. The Congress, with respect to a proceeding in a United States 30 forum, and each State, with respect to a proceeding in a State forum, shall have the i 3] power to enforce this article within their respective jurisdictions by appropriate 32 legislation, including the power to enact appropriate exceptions when demonstrably 33 required for compelling reasons of public safety. 34 35 Section 4. The provisions of this article shall apply to all cases arising from 36 crimes committed on or after its ratification, and may apply to cases arising from 37 crimes committed before its ratification to the extent the Congress or a State may 38 _ determine pursuant to section 3 of this article, — 39 vA PB SAMOCFLAWE COoOntTAACT ECAH = COAAZE REESE JE he EE 7/4146