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Wisconsin Supreme Court upholds Marsy's Law.

On April 7, 2020, Wisconsin voters ratified a revision to its victims' rights constitutional provision with 75 percent of the statewide voted. On Nov. 3, 2020, a circuit court judge ruled the amendment was improperly worded on the ballot for failing to spell out the effect of the amendment on the rights of people accused of crimes. The judge did not, however, nullify the amendment pending appeal to the State Supreme Court. On December 21, 2021, the state District 3 Court of Appeals asked the state Supreme Court to take the case directly because of the statewide importance, novelty of the questions on appeal and lack of significant legal authority. The Court heard oral arguments on September 6, 2022. On May 16, 2023, the Wisconsin Supreme Court reversed the circuit court and upheld the ratification of Marsy's Law.

The amendment strengthens existing constitutional protections by broadening their scope and providing for more effective, direct enforcement. The original constitutional provision was ratified in 1993.

Tennessee Advances Marsy's Law.

On February 1, 2023,House Joint Resollution 94 (Marsy's Law) was introduced to add additional rights to the Tennessee Constitution. Marsy’s Law ensures victims of crime have enforceable rights and protections, including the rights to be notified when their abuser is released and the right to be heard in criminal proceedings involving sentencing, release or pleading. The House of Representatives adopted HJR94, as amended, on April 21, 2023. On Feb. 12, 2024, HJR 94 was passed by the full state Senate and will now have to be passed by a two-thirds majority in the 2025 or 2026 legislative sessions in order to appear on a statewide referendum.

Marsy's Law Fails in Arkansas

Senate Joint Resolution 10 to be known as "Marsy's Law" was introduced on February 8, 2023 to amend the Arkansas State Constitution to provide rights for victims of criminal or delinquent acts.  Arkansas does not currently have crime victims' rights in its State Constitution. The measure died in Committee on May 1, 2023.

Pennsylvania's Supreme Court invalidates Marsy's Law

On January 7, 2021, the Pennsylvania Supreme Court, in a 3-2 decision, prevented the ratification election results from being counted pending further legal proceedings. On December 21, 2021, the court ruled 6-1 that the amendment violated Pennsylvania's Constitution's requirement that amendments address a single topic. Marsy's Law had received 74 percent of the vote in favor of ratification in 2019..

Challenge to Kentucky's Marsy's Law Dismissed.

On April 14, 2020, the Kentucky Legislature, for the second time, passed Marsy's Law which will go on the ballot for a statewide ratification vote. Although a previous version of the bill was enacted and ratified by 63 percent of the voters in 2018, the Kentucky Supreme Court invalidated the measure based on a procedural issue because the entire text was not on the ballot. Marsy's Law was re-introduced in January 2020 and received final Legislative approval for submission to voters in the November election. The amendment was ratified a second time on Nov. 3, 2020 with a 63.3% favorable vote. On March 17, 2022 the Kentucky Supreme Court heard oral arguments whether proper procedure was followed but on April 28, 2022, the Court dismissed the challenge on grounds plaintiffs lacked constitutional standing.

November 2018: Voters in six states ratify Marsy's Law.

Marsys's Law crime victims' rights amendments to state constitutions were supported by large margins in all six states in which the issue was on the November 2018 ballot:

  • Florida (61.3%)
  • Georgia (80.7%)
  • Nevada (61.3%)
  • North Carolina (61.2%)
  • Oklahoma (78%)
  • Although 62.8% of Kentucky voters ratified Marsy's Law in November 2018, the Kentucky Supreme Court on June 13, 2019 unanimously invalidated the amendment saying it was improper to place a one-sentence summary of the law on the ballot.

In June 2018, voters in South Dakota approved changes to its version of Marsy's Law originally adopted in 2016.

November 2017:Strengthening Ohio's Victims' Rights Amendment.

Advocates in Ohio successfully broadened and strengthened its rights for crime victims by providing for enforcement of those rights. Marsy's Law for Ohio was put on the November 2017 ballot through an initiated constitutional amendment that was approved by 82.59% of the voters.

November 2016: Victims' Rights Amendments adopted in more three states

On November 8, 2016, three states adopted state constitutional amendments recognizing crime victims' rights. Voters in Montana, North Dakota and South Dakota approved the adoption of vicitms' rights amendments by margins of more than 60 percent. This brings to 36 the number of states with constitutional rights for crime victims.

Although Montana's amendment was ratified by the state's voters, the state Supreme Court invalidated the measure on procedural grounds. South Dakota's amendment, originally adopted in 2016 was revised in June 2018.

Hawaii action on VRA

Crime victims in Hawaii are again fighting for their rights to be recognized in their state's constitution. The Hawaii House Judiciary committee unanimously signed off on the proposal for a State victims' rights constitutional amendment:

Federal Victims' Rights Amendment Introduced

House Joint Resolution 45, proposing a Victims' Rights Amendment to the U.S. Constitution, has been introduced by Congressman Trent Franks, chair of the Constitution Subcommittee of the House Judiciary Committee of the United States House of Representatives. The Subcommittee held a hearing on Friday, May 1, 2015 on the proposed constitutional amendment.

Witnesses included were:

  • Professor Paul Cassell, one of America’s leading scholars on the rights of crime victims.
  • Collene Campbell, former Mayor of San Juan Capistrano, whose son Scott was brutally murdered, and then in an unrelated crime, whose brother and sister in law, racing legend Mickey Thompson and his wife Trudy, were murdered by hitmen hired by a former business partner of Mickey’s.
  • Steve Kelly, Maryland lawyer and crime victim advocate, whose sister was kidnapped, raped, and murdered, and who has devoted his life and legal career to be a strong voice for the rights of crime victims.

Detailed information on the hearing (including a link to view a video of the hearing), letters of support and further developments is available on the Legislative Info page.

November 2014: Illinois strengths its Victims' Rights Amendment

The Illinois Crime Victims' Bill of Rights Amendment was on the November 4, 2014 ballot in Illinois as a legislatively-referred constitutional amendment, where it was overwhelmingly approved. The measure was designed to strengthen the Crime Victims' Bill of Rights, which was originally adopted in November , 1992.. Specifically, the amendment was meant to guarantee the following:

  • A victim’s right to be free from harassment, intimidation and abuse throughout the criminal trial process.
  • A victim’s right to notice and to a hearing before a court ruling on access to any of the victim’s records, information or communications.
  • A victim’s right to be heard at any post-arraignment court proceeding in which a victim’s right is at issue and at any court proceeding involving a post-arraignment release decision, plea or sentencing.
  • A consideration of the safety of the victim and their family in determining bail and conditions of release after arrest and conviction of the defendant.
  • That the accused does not have standing to assert the rights of a victim.

In order to be ratified, this measure had to be approved by either three-fifths of those voting on the question or by a majority of people voting in the election, whichever is less.

"To those who hesitate and shy away from amending our constitution to protect victims, I would say with all due respect, it is a good thing that they were not in the first Congress that provided us with the Bill of Rights; it is good they were not in the 38th Congress that ended slavery, or in the 39th Congress, that asserted rights to equal protection and due process; it is good they were not in the 66th Congress, that extended the right to vote to women; and it's good they were not in the 87th Congress that ended the poll tax. You see, throughout the long course of our history, great injustices in America have ended with constitutional justice."

Maricopa County Attorney Bill Montgomery,
testimony before the House Subcommittee on the Constitution and Civil Justice

 

Read the article on Gordon and Elaine Rondeau's support for a federal Vicitms' Rights Amendment.

NVCAP invites its partners from our earlier campaigns, the large community of victims' advocates, and every citizen to join us once again as we move forward together in the cause of victim justice. How fitting it would be, during this 30th anniversary of the President's Task Force, to finally heed its call for justice.

Phoenix School of Law's Phoenix Law Review's April 9, 2012 "Special Edition: A Proposed Crime Victims' Amendment to the Constitution" will feature a series of articles examining the proposed Victims' Rights Amendment. View the articles here.
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© 2012 National Victims' Constitutional Amendment Passage. All rights reserved.