State Victims' Rights Amendments

Arkansas

Arkansas does not have a victims' rights amendment to its Constitution. A proposed "Marsy's Law" amendment was introduced in 2023 but died in committee (see below). On January 31, 2025, House Joint Resolution 1009 was introduced to provide constitutional rights for victims of misdemeanor and felone offeneses, including victims in the adult and juvenile justice system. The |HJR reads as follows

§ 1. Title. This amendment shall be known and may be cited as the “Arkansas Victims' Bill of Rights.”

§ 2. Victim’s rights.

(a)(1) As used in this section, “victim” means an individual directly and proximately harmed by the commission of an offense under any law of this state, regardless of whether the offense is classified as a misdemeanor or a felony.

(2) "Victim" includes the legal guardian of a victim, a representative of a victim's estate, a member of a victim's family, a significant other of the victim, or any other individual appointed by a court to act on a victim's behalf if the victim is:

(i) Less than eighteen (18) years old;
(ii) Incompetent;
(iii) Incapacitated; or
(iv) Deceased.

(3) "Victim does not include:
(A) The defendant; or
(B) A person whom the court finds would not act in the best interest of the minor, incompetent, incapacitated, or deceased victim.

(b) A victim has a right to:
(1) Be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse throughout the criminal or juvenile justice process;

(2) Be reasonably protected from the defendant and any individual acting on behalf of the defendant;

(3) Have the safety of the victim and the victim's family considered as a factor in setting the amount of bail and conditions of release for the defendant;

(4) Refuse an interview, deposition request, or other discovery request and to set reasonable conditions on the conduct of any interview, deposition, or other discovery request to which the victim consents;

(5) Upon request, reasonably confer with the prosecuting attorney regarding the case against the defendant;

(6) Upon request, receive reasonable notice of all public proceedings and delinquency proceedings at which the defendant and the prosecuting attorney are entitled to be present and to be present at all public proceedings and delinquency proceedings;

(7) Upon request, to be reasonably heard at any public proceedings or administrative proceedings in any court or other venue involving the release, plea, sentencing or any other proceedings which implicates a victim’s rights, to include delinquency proceedings and postconviction release proceedings;

(8) The timely disposition of the case following the arrest of the defendant;

(9) Provide information to a public officer or employee conducting a presentence investigation concerning the impact of the offense on the victim and the victim's family and to see any sentencing report and recommendations before the sentencing of the defendant;

(10) Upon request, be informed of the:

(A) Conviction, sentence, place, and time of incarceration, or other disposition of the defendant;

(B) Scheduled release date of the defendant; and

(11) Full and timely restitution;

(12) The proper return of legal property when no longer needed as evidence;

(13) Upon request, to be timely informed of and to be present at all postconviction release proceedings, to provide information to the postconviction release authority to be considered before the release of the defendant, and to be notified of any postconviction release;

(14) Have the safety of the victim, the victim's family, and the general public considered before any postconviction release of the defendant;

(15) Have all monetary payments, money, and property collected from any individual who has been ordered to make restitution be first applied to pay the amounts ordered as restitution to the victim; and

(16) Be specifically informed of the rights enumerated in this section and to have information concerning the rights enumerated in this section made available to the general public.

(c)(1) A victim has standing to assert the rights under this section in any court with jurisdiction over the case involving the defendant.

(2) The court shall promptly rule on a request by a victim under subdivision (c)(1) of this section.

(3) A defendant does not have standing to assert the rights of his or her victim under this section.

(d) This section does not alter the powers, duties, or responsibilities of a prosecuting attorney.

(e) A victim does not have the status of a party in a criminal proceeding.

(f)(1) Except as authorized in subsection (g) of this section, an individual shall not maintain an action against the state or any public officer or employee of the state for damages or for injunctive, declaratory, or other legal or equitable relief on behalf of a victim as a result of a violation of:

(A) This section; or

(B) A statute enacted by the General Assembly under this section.

(2) A violation of this section does not authorize setting aside a conviction.

(g) An individual may maintain an action to compel a public officer or employee to carry out any duty required by:

(1) This section; or

(2) A statute enacted by the General Assembly under this section.

(h) The rights granted to victims under this section shall not be construed to deny or disparage other rights possessed by victims, including without limitation rights granted by the General Assembly or otherwise retained by victims.

(i) A postconviction release authority shall extend the right to be heard at a postconviction release hearing to any individual harmed by the defendant.

(j) The General Assembly may provide by law for any other measure necessary or useful to secure to victims the benefit of the rights under this section.

SECTION 2. EFFECTIVE DATE. This amendment is effective on and after January 1, 2027.

Senate Joint Resolution 10 ("Marsy's Law") was introduced on Februrary 8, 2023. The measure died in Committee on May 1, 2023. The amendment read:

A CONSTITUTIONAL AMENDMENT TO BE KNOWN AS 15 "MARSY'S LAW"; AND TO PROVIDE RIGHTS FOR 16 VICTIMS OF CRIMINAL OFFENSES OR DELINQUENT ACTS.

BE IT RESOLVED BY THE SENATE OF THE NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ARKANSAS, AND BY THE HOUSE OF REPRESENTATIVES, A MAJORITY OF ALL MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO:

THAT the following is proposed as an amendment to the Constitution of the State of Arkansas, and upon being submitted to the electors of the state for approval or rejection at the next general election for Representatives and Senators, if a majority of the electors voting thereon at the election adopt the amendment, the amendment shall become a part of the Constitution of the State of Arkansas, to wit:

SECTION 1. The Arkansas Constitution is amended to add an additional amendment to read as follows:

§ 1. Title
This amendment shall be known and may be cited as "Marsy's Law."

§ 2. Victim's rights.
(a)(1) As used in this section, “victim” means a person:
      (A) Against whom a criminal offense or delinquent act is committed; or
    (B) Who is directly and proximately harmed by the commission of a criminal offense or delinquent act.
    (2) "Victim" does not include:
      (A) The accused; or
    (B) A person whom the court finds would not act in the best interests of a deceased, incompetent, minor, or incapacitated victim.
(b) To preserve and protect justice for victims and due process throughout the criminal and juvenile justice systems, a victim shall have the following rights which shall be protected in a manner no less vigorous than the rights afforded to the accused:
    (1) To be treated with fairness and respect for the victim’s 16 safety, dignity, and privacy;
    (2) Upon request, to reasonable and timely notice of and to be present at all public proceedings involving the criminal offense or delinquent act;
    (3) To be heard in a public proceeding:
      (A) Involving release, plea, sentencing, disposition, and parole involving the criminal offense or delinquent act; and
      (B) During which a right of the victim is implicated;
    (4) To reasonable protection from the accused or any person acting on behalf of the accused;
    (5) Upon request, to reasonable notice of any release or escape of an accused;
    (6) To refuse an interview, deposition, or other discovery request made by the accused or any person acting on behalf of the accused;
    (7) To full and timely restitution;
    (8) To proceedings free from unreasonable delay and a prompt conclusion of the case;
    (9) Upon request, to confer with an attorney for the government; and
    (10) To be informed of all rights enumerated in this section.
(c)(1) The following may assert, in any trial or appellate court or before any other authority with jurisdiction over the investigation or case, and have enforced, the rights enumerated in this section and any other right afforded to the victim by law:
      (A) The victim;
      (B) The victim's attorney or other lawful representative; or
      (C) The attorney for the government upon request of the victim.
    (2) The court or other authority with jurisdiction shall act promptly on a request under subdivision (c)(1) of this amendment.
(d) This amendment does not create any cause of action for compensation or damages against:
    (1) The State of Arkansas;
    (2) Any political subdivision of the State of Arkansas;
(3) Any officer, employee, or agent of the State of Arkansas or of any of its political subdivisions; or
(4) Any officer or employee of the court.

SECTION 2. EFFECTIVE DATE. This amendment is effective on and after January 1, 2025.

SECTION 3. BALLOT TITLE AND POPULAR NAME. When this proposed amendment is submitted to the electors of this state on the general election ballot:
(1) The title of this Joint Resolution shall be the ballot title; and
(2) The popular name shall be "A Constitutional Amendment To Be Known as "Marsy's Law" and to Provide Rights for Victims of Criminal Offenses or Delinquent Acts."

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