Victims of violent crimes would have to be notified if their attackers were to escape or to be released from prison under a proposed constitutional amendment that passed the Senate on Wednesday.
The measure, which has been dubbed Marsy’s Law, was fast-tracked, becoming the first to win passage in the Senate this year on a vote of 34-1. The floor vote came less than three hours after being approved by the Senate State and Local Government Committee 10-0.
The bill, which now goes to the House for consideration, is named for a murder victim whose mother was horrified to see her daughter’s accused killer in a grocery store a week after his arrest.
Sponsored by state Sen. Whitney Westerfield, R- Hopkinsville, the measure guarantees crime victims:
•The right to notice of proceedings
•The right to notice of the escape and disposition of the accused
•The right to be present at proceedings
•The right to proceedings free from unreasonable delay
•The right to consult with the prosecution
•The right to restitution
•The right to reasonable protection from the accused, or those acting on the behalf of the accused
•The right to consideration of the victim’s safety when setting bail or release conditions
•The right to fairness and consideration of the victim’s safety, dignity and privacy
•The right to be informed of these rights, and the legal standing to assert them.
On the floor, Westerfield told his fellow lawmakers: “We had 23,785 felony convictions last year, from 41,000-plus felony charges. In everyone of those cases there is at least one victim, and for many of those, there is more than one victim.”
Over the past two years, Westerfield said, lawmakers have heard from community leaders from around the state who wanted Marsy’s Law passed.
“It’s time to put a real face and voice to crime victims,” Westerfield said. “Not to diminish the rights of the accused, but for a change to stand up for the other half of this equation.”
Similar measures already have been passed in California, Ohio, Illinois, Montana, North Dakota and South Dakota, and efforts have been launched in at least nine more states.
By Kentucky Today
