HSB 525

_____ This joint resolution proposes an amendment to the Constitution of the State of Iowa relating to the rights of a crime victim. The joint resolution provides that a victim has the right to be treated with fairness and dignity, with respect for the victim’s safety and privacy, and to be informed of all rights in the joint resolution. Upon request, a victim shall have the right to reasonable notice of all proceedings involving the criminal offense in the criminal and juvenile justice systems, including pretrial release and pleas; to be present and to be heard in any proceeding involving sentencing, parole, and any right of the victim; to release conditions which protect the victim; to notice of any release or escape of the defendant; to restitution; and to confer with the attorney for the government. A victim has standing in the criminal and juvenile justice systems to assert the rights enumerated in the joint resolution. The joint resolution does not create any cause of action for compensation or damages against the government or any officer, employee, or agent of the government. The joint resolution defines a victim to mean a person who has suffered physical, emotional, or financial harm as a direct result of a public offense or a delinquent act, other than a simple misdemeanor, committed in this state. Under the joint resolution, a victim includes the immediate family members of a victim who died or was rendered incompetent as a result of the offense or who was under years of age at the time of the offense. The joint resolution, if adopted, would be published and then referred to the next general assembly (90th) for adoption, before being submitted to the electorate for ratification.