Resolution Number 04-01-06-01RESOLUTION NO. 04-01-06-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ENDORSING THE PROPOSED UNITED
STATES CONSTITUTIONAL AMENDMENT TO PROTECT THE RIGHTS
OF CRIME VICTIMS (1 08TH CONGRESS, SENATE JOINT RESOLUTION1
& UNITED STATE HOUSE OF REPRESENTATIVES JOINT RESOLUTION
48)
WHEREAS, the rights of victims of Violent c0me are currently under represented in
the United State Constitution; and,
WHEREAS, a United States Constitutional Amendment has been proposed to
protect the rights of violent crime victims; and,
WHEREAS, the proposed Amendment has received bipartisan support of the I Oe
United States Congress; and
WHEREAS, United States President George W. Bush announced his support for
the proposed Constitutional Amendment; and,
WHEREAS, the City Council of the City of San Juan Capistrano voted unanimously
to endorse the Constitutional Amendment at their meeting of December 2, 2003, and is
believed to be the first City in the United States to formally support the Amendment.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby formally state its support for the 108th United States
Congress, Joint Senate Resolution 1, introduced by Senators Jon Kyl and Dianne Feinstein
and Joint House of Representatives Joint Resolution 48, sponsored by Representative
Steve Chabot, that includes the following Article:
SECTION 1. The rights of victims of violent crime, being capable of protection
without denying the constitutional right of those accused of victimizing them, are hereby
established and shall not be denied by any State or the united States and may be
restricted only as provided in this article.
SECTION 2. A victim of violent crime shall have the right to reasonable and timely
notice of any public proceeding involving the crime and of any release or escape of the
accused; the rights not to be excluded from such public proceeding and reasonably to be
heard at public release, plea, sentencing, reprieve, and pardon proceedings; and the right
to adjudicative decisions that duly consider the victim's safety, interest in avoiding
unreasonable delay, and just and timely claims to restitution from the offender. These
rights shall not be restricted except when and to the degree dictated by a substantial
interest in public safety or the administration of criminal justice, or by compelling necessity.
01-06-2004
SECTION 3. Nothing in this article shall be construed to provide grounds for a new
trial or to authorize any claim for damages. Only the victim or the victim's lawful ---
representative may assert the rights established by this article, and no person accused of
the crime may obtain any form of relief hereunder.
SECTION 4. Congress shall have the power to enforce by appropriate legislation
the provisions of this article. Nothing in this article shall effect the President's authority to
grant reprieves or pardons.
SECTION 5. This article shall be inoperative unless it has been ratified as an
amendment to the Constitution by the legislatures of three-fourths of the several States
within 7 years from the date of its submission to the States by the Congress. This article
shall take effect on the 180th day after the date of itsj.Wif"n. n .
PASSED, APPROVED, AND ADOPTED
JOE
XATTE T. -
A PRET R. AMONAHANCCITY CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE )ss.
CITY OF SAN JUAN CAPISTRANO
6t�' day�f 4anjqfy 2004.
1, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano,
do hereby certify that the foregoing Resolution No. 04-01-06-01 was duly adopted by
the City Council of the City of San Juan Capistrano at a regular meeting thereof, held
the 6th day of January 2004, by the following vote:
AYES: COUNCIL MEMBERS: Gelff, Bathgate, Swerdlin, Hart and Mayor Soto
NOES:
COUNCIL MEMBERS: None
ABSTAIN:
COUFL MEMBERS: None
R. MONAHAN, City Clerk
"19111-W1101