[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 1 Reported in Senate (RS)]
Calendar No. 271
108th CONGRESS
1st Session
S. J. RES. 1
Proposing an amendment to the Constitution of the United States to
protect the rights of crime victims.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 7, 2003
Mr. Kyl (for himself, Mrs. Feinstein, Mr. Allard, Mr. Bayh, Mr.
Bunning, Mr. Breaux, Mr. Craig, Ms. Landrieu, Mr. Lott, Mrs. Lincoln,
Mr. McCain, Mr. Miller, Mr. Wyden, Mr. Lieberman, Mr. Smith, Ms.
Collins, Mr. DeWine, Mr. Graham of South Carolina, Ms. Snowe, Mr.
Hagel, Mr. Inhofe, Mr. Chambliss, Mr. Cornyn, Mr. Grassley, and Mrs.
Hutchison) introduced the following joint resolution; which was read
twice and referred to the Committee on the Judiciary
September 4, 2003
Reported by Mr. Hatch, without amendment
_______________________________________________________________________
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.''.
Calendar No. 271
108th CONGRESS
1st Session
S. J. RES. 1
_______________________________________________________________________
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States to
protect the rights of crime victims.
_______________________________________________________________________
September 4, 2003
Reported without amendment