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