Tennessee House Bill HJR0094

Tennessee 2023-2024 Regular Session

• Introduced: 1/30/23
• Refer: 2/1/23
• Refer: 2/28/23
• Refer: 3/7/23
• Refer: 4/12/23
• Refer: 4/18/23
• Engrossed: 4/21/23
• Enrolled: 2/23/24

Caption

A RESOLUTION proposing an amendment to Article I, Section 35 of the Constitution of Tennessee, relative to the rights of crime victims.

Impact

If enacted, HJR0094 would fundamentally alter the landscape of crime victim rights in Tennessee by providing a clearer framework for their rights across various stages of the legal process. By specifying the roles victims can play—from receiving notice about proceedings to the ability to confer with prosecution—the resolution underscores the importance of victim involvement in criminal cases. The changes are designed to protect not only the victims but also their families and the general public, especially concerning decisions regarding the parole or release of offenders.

Summary

HJR0094 is a proposed resolution aimed at amending Article I, Section 35 of the Constitution of Tennessee to explicitly define and enhance the rights of crime victims. The proposed amendments outline a comprehensive set of rights that victims are entitled to within the criminal and juvenile justice systems. These rights include the right to be treated with fairness, the right to notification about proceedings, and the right to restitution, among others. The amendment represents a significant effort to bolster the legal protections afforded to victims in Tennessee, ensuring they have a more active role and voice during legal proceedings related to their cases.

Contention

The proposal has generated some debate regarding the extent of victims' rights and potential implications for due process. Opponents may voice concerns that expanding victim rights could inadvertently infringe upon the rights of the accused, complicating legal procedures and placing additional burdens on the criminal justice system. However, supporters argue that the amendment is necessary to ensure justice and fairness are upheld and that victims are not sidelined during legal proceedings. The resolution includes provisions to maintain due process for all parties involved, indicating a careful balancing act between victim rights and the rights of the accused.