State Sen. John Stevens (R-Huntingdon) and State Rep. Patsy Hazlewood, (R-Signal Mountain) have introduced legislation that they say would strengthen the rights of crime victims in Tennessee’s Constitution.
According to a press release, this resolution will ensure that victims of crime have equal, constitutional rights on the same level as those accused and convicted of crimes, according to a press release.
These resolutions, Senate Joint Resolution 885 and House Joint Resolution 822, are also known as Marsy’s Law, the press release went on to say.
“More than 20 years ago, 89 percent of Tennesseans voted to give crime victims the rights they deserve by adopting a Crime Victims’ Bill of Rights. But unfortunately, victims find these rights to be unenforceable under current law and the rights of victims are not always protected,” Stevens said.
“Tennesseans have made it clear they want equal rights for crime victims and adopting Marsy’s Law in our state would guarantee they are protected.”
The bill presented would update the current language to spell out clear, enforceable rights and protections for victims in our state’s most powerful legal document. If passed in two consecutive legislative sessions and signed by the governor, the constitutional amendment guaranteeing these protections would get placed on the November 2022 ballot for voters to approve, the press release said.
“We need to update Tennessee’s Constitution to give the victims of crime legal standing to assert their rights,” Hazlewood said.
“Victims need our support and deserve our protection. That’s why we are working together across the aisle to pass Marsy’s Law.”
Adopting Marsy’s Law in Tennessee, according to the press release, will provide victims with the ability to assert the critical rights to which they are promised including:
• The right to be treated with fairness for the victim’s safety, dignity, and privacy.
• The right, upon request, to reasonable and timely notice of, and to be present at, all criminal public proceedings and all juvenile delinquency proceedings involving the accused.
• The right to be heard in any proceeding involving release, plea, sentencing, disposition, and parole, as well as any public proceeding during which a right of the victim is implicated.
• The right to be free from harassment, intimidation, and abuse throughout the criminal justice system, including reasonable protection from the accused or any person acting on behalf of the accused.
• The right, upon request, to reasonable notice of any release or escape of an accused.
• The right to refuse a request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant for an interview, deposition, discovery request, or other communication with the victim.
• The right to full and timely restitution from the offender.
• The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence.
• The right, upon request, to confer with the prosecution.
• The right to be fully informed of all rights afforded to crime victims.
According to a press release, Marsy’s Law is named after Marsalee “Marsy” Nicholas of California who was stalked and killed by her ex-boyfriend in 1983.
“Only one week after her death, Marsy’s mother and brother, Henry T. Nicholas, walked into a grocery store where they were confronted by the accused murderer. The family, who had just come from a visit to Marsy’s grave, was unaware that the accused had been released on bail,” the press release said.
“In an effort to honor his sister, Dr. Nicholas has made it his mission to give victims and their families constitutional protections and equal rights. He formed Marsy’s Law for All in 2009, providing expertise and resources to victims’ rights organizations nationwide.”
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