Tennessee 2025-2026 Regular Session

Tennessee House Bill HJR0048 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2	<BillNo> <Sponsor>
3	3
4	4	HOUSE JOINT RESOLUTION 48
5	5	By Sexton
6	6
7	7
8	8	HJR0048
9	9	000878
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12	12	A RESOLUTION proposing an amendment to Article I, Section 35
13	13	of the Constitution of Tennessee, relative to the
14	14	rights of crime victims.
15	15
16	16	WHEREAS, House Joint Resolution No. 94 of the One Hundred Thirteenth General
17	17	Assembly, which proposed amendment of Article I, Section 35 of the Constitution of Tennessee,
18	18	relative to the rights of crime victims, was considered and agreed to by a majority of all the
19	19	members elected to each of the two houses, as shown by the yeas and nays entered on their
20	20	journals; and
21	21	WHEREAS, such resolution proposing such amendment was published in compliance
22	22	with Article XI, Section 3 of the Constitution of Tennessee; now, therefore,
23	23	BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRE D
24	24	FOURTEENTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE
25	25	CONCURRING, that a two-thirds majority of all members of each house concurring, as shown
26	26	by the yeas and nays entered on their journals, that it is proposed that Article I, Section 35 of
27	27	the Constitution of Tennessee be amended by deleting the section in its entirety and substituting
28	28	the following:
29	29	Section 35. That to preserve and protect the rights of victims of crime to justice
30	30	and due process throughout the criminal and juvenile justice systems, a victim, as
31	31	defined by law and which may be expanded by the General Assembly, shall have the
32	32	following rights, which shall be protected:
33	33	(1) The right to be treated with fairness for the victim's safety and dignity;
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35	35
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38	38	(2) The right, upon request, to reasonable notice of all public criminal
39	39	proceedings and all public juvenile delinquency proceedings involving the
40	40	accused;
41	41	(3) The right to be present at all public criminal proceedings and all public
42	42	juvenile delinquency proceedings involving the accused;
43	43	(4) The right upon request to be heard in any proceeding involving
44	44	release, plea, sentencing, disposition, and parole, as well as any public
45	45	proceeding when relevant during which a right of the victim is implicated;
46	46	(5) The right to be heard and informed of all parole procedures, to
47	47	participate in the parole process, to provide information to the parole authority to
48	48	be considered before the parole of the offender, and to be notified, upon request,
49	49	of the parole or other release of the offender;
50	50	(6) The right to be free from harassment, intimidation, and abuse
51	51	throughout the criminal justice system, including reasonable protection, as
52	52	defined by the General Assembly, from the accused or any person acting on
53	53	behalf of the accused;
54	54	(7) The right, upon request, to reasonable notice of any release, transfer,
55	55	or escape of the accused or convicted person;
56	56	(8) The right to full and timely restitution from the offender;
57	57	(9) The right to a speedy trial or disposition and a prompt and final
58	58	conclusion of the case after the conviction or sentence;
59	59	(10) The right to be informed of the minimum sentence the offender will
60	60	serve in custody and the scheduled release date;
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65	65	(11) The right to have the safety of the victim, the victim's family, and the
66	66	general public considered before any parole or other post-judgment release
67	67	decision is made;
68	68	(12) The right, upon request, to confer with the prosecution; and
69	69	(13) The right to be fully informed of all rights afforded to crime victims.
70	70	A victim may assert the rights enumerated in this section, not as a party, but in
71	71	the manner further provided by the General Assembly protecting the victim's right to
72	72	standing. The General Assembly has the authority to enact substantive and procedural
73	73	laws to further define, implement, preserve, and protect the rights guaranteed to victims
74	74	by this section. This section must be interpreted to preserve and protect the rights of all
75	75	persons to due process. This section, or any law enacted under this section, does not
76	76	create a basis for vacating a conviction. This section does not restrict the powers of the
77	77	District Attorney General or the inherent authority of the court.
78	78	Other than as provided in the preceding paragraph, this section does not create a
79	79	cause of action or claim for damages against the state or a political subdivision of the
80	80	state; an officer, employee, or agent of the state or of any of its political subdivisions; or
81	81	an officer or employee of the court.
82	82	BE IT FURTHER RESOLVED, that, in accordance with Article XI, Section 3 of the
83	83	Constitution of Tennessee, the foregoing proposed amendment shall be submitted to the people
84	84	at the next general election in which a governor is to be chosen, the same being the 2026
85	85	November general election, and the Secretary of State is directed to place such proposed
86	86	amendment on the ballot for that election.
87	87	BE IT FURTHER RESOLVED, that the Clerk of the House of Representatives is directed
88	88	to deliver copies of this resolution to the Secretary of State, with this final resolving clause being
89	89	deleted from such copies.