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S.J.Res. 3

A joint resolution proposing an amendment to the Constitution of the United States to protect the rights of crime victims.

Constitutional Amendment - Grants victims of crimes of violence the following rights: (1) to reasonable notice of, and to not be excluded from, any public proceedings relating to the crime; (2) to be heard, if present, and to submit a statement at all public proceedings to determine a conditional release from custody, an acceptance of a negotiated plea, or a sentence and at a non-public parole proceeding to the extent such rights are afforded to the convicted offender; (3) to reasonable notice of and an opportunity to submit a statement concerning any proposed pardon or commutation of a sentence; (4) to reasonable notice of a release or escape from custody relating to the crime; (5) to consideration of the interest of the victim that any trial be free from unreasonable delay; (6) to an order of restitution from the convicted offender; (7) to consideration for the safety of the victim in determining any conditional release from custody relating to the crime; and (8) to reasonable notice of the rights established by this amendment.

(Sec. 2) Grants the victim or the victim's lawful representative standing to assert such rights.

Provides that nothing in this amendment shall: (1) provide grounds to stay or continue any trial, reopen any proceeding, or invalidate any ruling, except with respect to conditional release or restitution or to provide rights guaranteed by this amendment in future proceedings, without staying or continuing a trial; and (2) give rise to or authorize the creation of a claim for damages against the United States, a State, a political subdivision, or a public officer or employee.

(Sec. 3) Empowers the Congress to enforce this amendment by appropriate legislation. Allows exceptions to the rights established by this amendment only when necessary to achieve a compelling interest.

(Sec. 4) Makes: (1) the right to a restitution order established by this amendment inapplicable to crimes committed before its effective date; and (2) the rights and immunities established by this amendment applicable in Federal and State proceedings, including military proceedings to the extent that the Congress may provide by law, juvenile justice proceedings, and proceedings in the District of Columbia and any commonwealth, territory, or possession of the United States.

Motion to proceed to consideration of measure withdrawn in Senate by Unanimous Consent.

Sen. Kyl, Jon [R-AZ](R-AZ)Sponsor
40 cosponsors13 D28 R
40cosponsors1committees20actions24subjects
  1. Floor

    Motion to proceed to consideration of measure withdrawn in Senate by Unanimous Consent.

  2. Floor

    Motion to proceed considered. (consideration: CR S2966-3011; S3037)

  3. Floor

    Motion to proceed considered. (consideration: CR S2897-2930)

  4. Floor

    Cloture on motion to proceed invoked in Senate by Yea-Nay Vote. 82 - 12. Record Vote Number: 86.

  5. Floor

    Motion to proceed considered by Unanimous Consent. (consideration: CR S2818, S2820-2832, S2835-2851)

  6. Floor

    Motion to proceed to consideration of measure withdrawn in Senate.

  7. Floor

    Cloture motion on the motion to proceed presented in Senate.

  8. Floor

    Motion to proceed to consideration of measure made in Senate. (consideration: CR S2696)

  9. Floor

    By Senator Hatch from Committee on the Judiciary filed written report. Report No. 106-254. Additional and Minority views filed.

    Judiciary Committee
  10. Committee14900

    By Senator Hatch from Committee on the Judiciary filed written report. Report No. 106-254. Additional and Minority views filed.

    Judiciary Committee
  11. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 299.

  12. Committee

    Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment. Without written report.

    Judiciary Committee
  13. Committee14000

    Committee on Judiciary. Reported to Senate by Senator Hatch with an amendment. Without written report.

    Judiciary Committee
  14. Committee

    Committee on Judiciary. Ordered to be reported with an amendment favorably.

    Judiciary Committee
  15. Committee

    Subcommittee on Constitution, Federalism, Property. Approved for full committee consideration with an amendment favorably.

    Constitution, Civil Rights and Property Rights Subcommittee
  16. Committee

    Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 106-269.

    Judiciary Committee
  17. Committee

    Referred to Subcommittee on Constitution, Federalism, Property.

    Constitution, Civil Rights and Property Rights Subcommittee
  18. IntroReferral

    Read twice and referred to the Committee on Judiciary. (text of measure as introduced: CR S708-709)

    Judiciary Committee
  19. IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S707-708)

  20. IntroReferral10000

    Introduced in Senate

Oct 4, 199901
Constitutional Amendment - Grants victims of crimes of violence the following rights: (1) to reasonable notice of, and to not be excluded from, any public proceedings relating to the crime; (2) to be heard, if present, and to submit a statement at all public proceedings to determine a conditional release from custody, an acceptance of a negotiated plea, or a sentence and at a non-public parole proceeding to the extent such rights are afforded to the convicted offender; (3) to reasonable notice of and an opportunity to submit a statement concerning any proposed pardon or commutation of a sentence; (4) to reasonable notice of a release or escape from custody relating to the crime; (5) to consideration of the interest of the victim that any trial be free from unreasonable delay; (6) to an order of restitution from the convicted offender; (7) to consideration for the safety of the victim in determining any conditional release from custody relating to the crime; and (8) to reasonable notice of the rights established by this amendment.

(Sec. 2) Grants the victim or the victim's lawful representative standing to assert such rights.

Provides that nothing in this amendment shall: (1) provide grounds to stay or continue any trial, reopen any proceeding, or invalidate any ruling, except with respect to conditional release or restitution or to provide rights guaranteed by this amendment in future proceedings, without staying or continuing a trial; and (2) give rise to or authorize the creation of a claim for damages against the United States, a State, a political subdivision, or a public officer or employee.

(Sec. 3) Empowers the Congress to enforce this amendment by appropriate legislation. Allows exceptions to the rights established by this amendment only when necessary to achieve a compelling interest.

(Sec. 4) Makes: (1) the right to a restitution order established by this amendment inapplicable to crimes committed before its effective date; and (2) the rights and immunities established by this amendment applicable in Federal and State proceedings, including military proceedings to the extent that the Congress may provide by law, juvenile justice proceedings, and proceedings in the District of Columbia and any commonwealth, territory, or possession of the United States.

Jan 19, 199900

Constitutional Amendment - Grants victims of crimes of violence the following rights: (1) to reasonable notice of, and to not be excluded from, any public proceedings relating to the crime; (2) to be heard, if present, and to submit a statement at all public proceedings to determine a conditional release from custody, an acceptance of a negotiated plea, or a sentence and at a non-public parole proceeding to the extent such rights are afforded to the convicted offender; (3) to reasonable notice of a release or escape from custody relating to the crime; (4) to consideration of the interest of the victim that any trial be free from unreasonable delay; (5) to an order of restitution from the convicted offender; (6) to consideration for the safety of the victim in determining any conditional release from custody relating to the crime; and (7) to reasonable notice of the rights established by this amendment.

(Sec. 2) Grants the victim or the victim's lawful representative standing to assert such rights.

Provides that nothing in this amendment shall: (1) provide grounds to stay or continue any trial, reopen any proceeding, or invalidate any ruling, except with respect to conditional release or restitution or to provide rights guaranteed by this amendment in future proceedings, without staying or continuing a trial; and (2) give rise to or authorize the creation of a claim for damages against the United States, a State, a political subdivision, or a public officer or employee.

(Sec. 3) Empowers the Congress to enforce this amendment by appropriate legislation. Allows exceptions to the rights established by this amendment only when necessary to achieve a compelling interest.

(Sec. 4) Makes: (1) the right to a restitution order established by this amendment inapplicable to crimes committed before its effective date; and (2) the rights and immunities established by this amendment applicable in Federal and State proceedings, including military proceedings to the extent that the Congress may provide by law, juvenile justice proceedings, and proceedings in the District of Columbia and any commonwealth, territory, or possession of the United States.