SJ 1 IS
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 and Mrs. FEINSTEIN) introduced the following joint
resolution; which was read twice and 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