Victims Rights Amendment Fades

Citing waning support, backers of a victims rights' amendment to the Constitution said today they would pull the proposal from the Senate floor, apparently killing the idea for the year.

"Because of various things that have occurred, it is unlikely that a cloture petition, if filed would be supported by the requisite number of senators to proceed early next week," said Sen. Jon Kyl, R-Ariz., the measure's Republican sponsor.

The cloture petition, which limits debate, would need 60 votes and 67, or two-thirds, for passage.

Kyl said he and co-sponsor Sen. Dianne Feinstein, D-Calif., would seek "to withdraw the motion. . . and move to other business."

The Senate on Tuesday started debating the amendment, which would enshrine rights for victims of violent crime or their families. Those rights would include reasonable notice of court proceedings and an offender's release or escape, the right to attend and be heard at legal proceedings and court-ordered restitution.

Two-thirds majorities in the House and Senate are needed for passage. The amendment would also need to be ratified by three-fourths of state legislatures.

The House has yet to take up the proposal.

Opponents have said they support the concept but believe the same guarantees can be written into law without tinkering with the Constitution.

"I must say I am very concerned about the cavalier attitude which I have observed with respect to the offering of constitutional amendments," said Sen. Robert Byrd, D-W.Va., in a speech that lasted nearly three hours. "There is a cavalier spirit which seems to say that if it sounds good politically, if it looks good politically, if it will get votes, let's introduce an amendment to the Constitution."

Supporters, however, said the amendment is needed to balance the constitutional protections that suspects and criminals receive. Thirty-two states have enacted some form of victims' rights.

"I think we've given statutes plenty of opportunity," Kyl said. "They haven't gotten the job done."

Feinstein agreed. "The reason the statute won't work is because it hasn't worked," she told senators at one point.

Feinstein and Kyl spent much of Wednesday negotiating for the measure even as support began to wane. Sen. Daniel Inouye, D-Hawaii, asked to be removed as one of 42 co-sponsors, Kyl said.

The two also offered to make several changes to get the support of President Clinton, Kyl said. Clinton, while having no direct role in amending the Constitution, has said he supports a victims' rights amendment but has reservations about the current proposal.

Supporters hoped gaining his support would sway other Democrats but "it doesn't appear to me, even if we write it the way they want to write it, they're going to become strong advocates," Kyl said.

Justice Department officials released a letter sent Tuesday to Senae Majority Leader Trent Lott, saying, "Although we continue to strongly support a victims' rights amendment to the Constitution ... we oppose the amendment in its current form."