HJ 48 IH
108th CONGRESS
1st Session
H. J. RES. 48
Proposing an amendment to the Constitution of the United States to protect the rights of crime victims.
IN THE HOUSE OF REPRESENTATIVES
April 10, 2003
Mr. CHABOT (for himself, Mr. VITTER, Mr. SAXTON, Mr. KENNEDY of Minnesota, Ms. PRYCE of Ohio, Mr. GREEN of Wisconsin, Mr. SHAYS, Mr. RENZI, Mr. HAYWORTH, Mr. SHADEGG, Mr. BRADY of Texas, Mr. FOSSELLA, Mr. FLAKE, Mr. WALDEN of Oregon, Mr. ROYCE, and Mr. GALLEGLY) 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:
`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 has been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within 7 years from 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.'.
END