SENATE JOINT RESOLUTION M


  September 24, 1997, Introduced by Senator BERRYMAN and 
       referred to the Committee on Judiciary.
     


        A joint resolution ratifying the proposed amendment to the

   constitution of the United States relating to the protection of

   the rights of victims of crimes.

        Resolved by the Senate and the House of Representatives of

   the state of Michigan, That whereas the one-hundred-fourth

   Congress of the United States of America, at its session, in both

   houses, by a constitutional majority of two-thirds of both houses

   has made the following proposition to amend the constitution of

   the United States:

 1                             JOINT RESOLUTION

 2        Proposing an amendment to the Constitution of the United
 3            States to protect the rights of victims of crime.

 4         Resolved by the Senate and House of Representatives of the

 5    United States of America in Congress assembled (two-thirds of

 6    each House concurring therein), That the following article is



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 1    proposed as an amendment to the Constitution of the United

 2    States, which shall be valid to all intents and purposes as part

 3    of the Constitution when ratified by the legislatures of

 4    three-fourths of the several States within seven years after the

 5    date of its submission for ratification:

 6                              "ARTICLE _____

 7         "SECTION 1.  To insure that victims of crime are treated

 8    with fairness, dignity, and respect, in each prosecution by the

 9    United States or a State, for a crime either involving violence

10    or for which the defendant can be imprisoned for a period longer

11    than one year, any victim of the crime shall have the right to

12    receive notice of, and to be present at, every stage of the

13    public proceedings, unless the court determines there is good

14    cause for the victim not to be present; to comment at any such

15    proceeding involving the possible release of the defendant from

16    custody, the acceptance of any plea agreement with the defendant,

17    or the sentencing of the defendant; to be informed of any release

18    or escape of the defendant; to receive reasonable protection from

19    physical harm or intimidation relating to the proceedings; to

20    have the proceedings resolved in a prompt and timely manner; and

21    to have the court order restitution from the defendant upon

22    conviction.

23         "SECTION 2.  The rights established in section 1 shall be

24    made available to victims upon request to the prosecuting author-

25    ity and in the manner provided by law under section 3.

26         "SECTION 3.  The legislatures of the States, with respect to

27    a proceeding in a State forum, and the Congress with respect to a



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 1    proceeding in a United States forum, shall have the power to

 2    enforce this article by appropriate legislation.".

 3         Therefore, in the name of, and on behalf of, the people of

 4    the state of Michigan, we ratify, approve, and assent to the pro-

 5    posed amendment to the constitution of the United States.

 6         Resolved further, That certified copies of this joint reso-

 7    lution be transmitted by the governor of the state of Michigan,

 8    to the president of the United States, the archivist of the

 9    United States, the president of the Senate of the United States,

10    and the speaker of the House of Representatives of the United

11    States.


































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