Summary: S.J.Res.44 — 105th Congress (1997-1998)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Reported to Senate with amendment(s) (07/07/1998)

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.