Marsy's Law - A Kentucky Constitutional Amendment and The Kentucky Crime Victims Bill of Rights
Here is the actual text of the amendment (Borrowed from ballotpedia.org/Kentucky_Marsy%27s_Law_Crime_Victims_Rights_Amendment_(2018)):
To secure for victims of criminal acts or public offenses justice and due process and to ensure crime victims a meaningful role throughout the criminal and juvenile justice systems, a victim, as defined by law which takes effect upon the enactment of this section and which may be expanded by the General Assembly, shall have the following rights, which shall be respected and protected by law in a manner no less vigorous than the protections afforded to the accused in the criminal and juvenile justice systems:
The victim, the victim's attorney or other lawful representative, or the attorney for the Commonwealth upon request of the victim may seek enforcement of the rights enumerated in this section and any other right afforded to the victim by law in any trial or appellate court with jurisdiction over the case. The court shall act promptly on such a request and afford a remedy for the violation of any right. Nothing in this section shall afford the victim party status, or be construed as altering the presumption of innocence in the criminal justice system. The accused shall not have standing to assert the rights of a victim. Nothing in this section shall be construed to alter the powers, duties, and responsibilities of the prosecuting attorney. Nothing in this section or any law enacted under this section creates a cause of action for compensation, attorney's fees, or damages against the Commonwealth, a county, city, municipal corporation, or other political subdivision of the Commonwealth, an officer, employee, or agent of the Commonwealth, a county, city, municipal corporation, or any political subdivision of the Commonwealth, or an officer or employee of the court. Nothing in this section or any law enacted under this section shall be construed as creating:
(1) A basis for vacating a conviction; or
(2) A ground for any relief requested by the defendant.
Blocked
The Kentucky Association of Criminal Defense Lawyers filed litigation against the state on August 13, 2018. The association said the ballot question, which the state legislature wrote, fails to "inform the electorate of the substance of the amendment" and that the constitutional amendment should be blocked. The association added, "No voter who reads this question would be adequately informed of the complexity and radical departure from current law of this proposed amendment." Sheryl Snyder, a lawyer for Marsy’s Law for Kentucky, responded, "Our argument simply is that the court should defer to the General Assembly’s formulation of the ballot question."
On October 15, 2018, Judge Thomas Wingate of the Franklin County Circuit Court blocked Secretary of State Alison Grimes from certifying the results of the constitutional amendment.[4] Defendants appealed the case.
To secure for victims of criminal acts or public offenses justice and due process and to ensure crime victims a meaningful role throughout the criminal and juvenile justice systems, a victim, as defined by law which takes effect upon the enactment of this section and which may be expanded by the General Assembly, shall have the following rights, which shall be respected and protected by law in a manner no less vigorous than the protections afforded to the accused in the criminal and juvenile justice systems:
- Victims shall have the reasonable right, upon request, to timely notice of all proceedings and to be heard in any proceeding involving a release, plea, sentencing, or other matter involving the right of a victim other than grand jury proceedings
- The right to be present at the trial and all other proceedings, other than grand jury proceedings, on the same basis as the accused; the right to proceedings free from unreasonable delay
- The right to consult with the attorney for the Commonwealth or the attorney's designee
- The right to reasonable protection from the accused and those acting on behalf of the accused throughout the criminal and juvenile justice process
- The right to timely notice, upon request, of release or escape of the accused
- The right to have the safety of the victim and the victim’s family considered in setting bail, determining whether to release the defendant, and setting conditions of release after arrest and conviction
- The right to full restitution to be paid by the convicted or adjudicated party in a manner to be determined by the court, except that in the case of a juvenile offender the court shall determine the amount and manner of paying the restitution taking into consideration the best interests of the juvenile offender and the victim
- The right to fairness and due consideration of the crime victim's safety, dignity, and privacy; and the right to be informed of these enumerated rights, and shall have standing to assert these rights.
The victim, the victim's attorney or other lawful representative, or the attorney for the Commonwealth upon request of the victim may seek enforcement of the rights enumerated in this section and any other right afforded to the victim by law in any trial or appellate court with jurisdiction over the case. The court shall act promptly on such a request and afford a remedy for the violation of any right. Nothing in this section shall afford the victim party status, or be construed as altering the presumption of innocence in the criminal justice system. The accused shall not have standing to assert the rights of a victim. Nothing in this section shall be construed to alter the powers, duties, and responsibilities of the prosecuting attorney. Nothing in this section or any law enacted under this section creates a cause of action for compensation, attorney's fees, or damages against the Commonwealth, a county, city, municipal corporation, or other political subdivision of the Commonwealth, an officer, employee, or agent of the Commonwealth, a county, city, municipal corporation, or any political subdivision of the Commonwealth, or an officer or employee of the court. Nothing in this section or any law enacted under this section shall be construed as creating:
(1) A basis for vacating a conviction; or
(2) A ground for any relief requested by the defendant.
Blocked
The Kentucky Association of Criminal Defense Lawyers filed litigation against the state on August 13, 2018. The association said the ballot question, which the state legislature wrote, fails to "inform the electorate of the substance of the amendment" and that the constitutional amendment should be blocked. The association added, "No voter who reads this question would be adequately informed of the complexity and radical departure from current law of this proposed amendment." Sheryl Snyder, a lawyer for Marsy’s Law for Kentucky, responded, "Our argument simply is that the court should defer to the General Assembly’s formulation of the ballot question."
On October 15, 2018, Judge Thomas Wingate of the Franklin County Circuit Court blocked Secretary of State Alison Grimes from certifying the results of the constitutional amendment.[4] Defendants appealed the case.
Kentucky currently has the Kentucky Crime Victims’ Bill of Rights Handbook which already law. The Kentucky Crime Victim's Bill of Rights goes much further than Marsy's Law:
Law Enforcement
Upon initial contact with the victim, law enforcement personnel shall ensure that victims
receive information on available protective, emergency, social and medical services, and are
given as soon as possible the following information:
Information
Attorneys for the Commonwealth shall insure that victims receive available information on the following:
Attorneys for the Commonwealth shall provide information to victims and witnesses on:
Notification*
If victims so desire and if they provide the attorney for the Commonwealth with a current address and telephone number, they shall receive prompt notification, if possible, of judicial proceedings relating to their case, including, but not limited to, the following:
Attorneys for the Commonwealth shall make a reasonable effort to insure that victims and witnesses who are required to attend criminal justice proceedings are notified promptly of any scheduled changes that affect their appearances. Attorneys for the Commonwealth shall notify the victim that upon the conviction of the defendant, the victim has the right to submit a written victim impact statement to the probation officer responsible for preparing the presentence investigation report for inclusion in the report, or to the court should such a report be waived by the defendant.
Attorneys for the Commonwealth shall make a reasonable effort to insure that victims receive prompt notification that the Attorney General will notify the victim if an appeal of the conviction is pursued by the defendant.
Consultation
Attorneys for the Commonwealth shall consult victims on case disposition including the following:
Other Provisions
Attorneys for the Commonwealth shall:
You can read it here:
Law Enforcement
Upon initial contact with the victim, law enforcement personnel shall ensure that victims
receive information on available protective, emergency, social and medical services, and are
given as soon as possible the following information:
- Availability of crime victim compensation where applicable;
- Community-based treatment programs;
- The criminal justice process as it involves the participation of the victim or witness;
- The arrest of the accused;
- How to register to be notified when a person has been released from prison, jail, a juvenile detention facility, or a psychiatric facility or forensic psychiatric facility if the case involves a violent crime as defined in KRS 439.3401 and the person charged with or convicted of the offense has been involuntarily hospitalized under KRS 202A;
- Information on how victims may be protected from intimidation, harassment and retaliation, as defined in KRS 524.040 or 524.055.
- Promptly return a victim’s property held for evidentiary purposes unless there is a compelling reason for retaining it;
- Upon request by a victim or witness, assist in informing employers that the need for victim or witness cooperation in the prosecution of the case may necessitate absences from work.
Information
Attorneys for the Commonwealth shall insure that victims receive available information on the following:
- Protective, emergency, social and medical services
- Crime victim compensation, where applicable
- Restitution, where applicable
- Obtaining assistance from a victim advocate
- Community-based treatment programs
Attorneys for the Commonwealth shall provide information to victims and witnesses on:
- How to register to be notified when a person has been released from a prison, jail, juvenile detention facility, psychiatric facility or forensic psychiatric facility if the case involves a violent crime as defined in KRS 439.3401 and the person charged with or convicted of the offense has been involuntarily hospitalized pursuant KRS 202A.
- How to be protected from intimidation, harassment, and retaliation as defined in KRS 524.040 or 524.055; and
- The Victim, Witness and Family Protection Program.
Notification*
If victims so desire and if they provide the attorney for the Commonwealth with a current address and telephone number, they shall receive prompt notification, if possible, of judicial proceedings relating to their case, including, but not limited to, the following:
- Defendant’s release on bond and any special conditions of release
- Charges filed against the defendant
- The defendant’s pleading to the charges
- Trial date
- A scheduled hearing for shock probation and any resulting orders
- A scheduled hearing for bail pending appeal and any resulting orders
- Changes in custody of the defendant
- Changes in the trial date
- Trial verdict
- Sentencing date
- Any parole board hearings held for the defendant
- A scheduled hearing for shock probation and any resulting orders
- A scheduled hearing for bail pending appeal and any resulting orders
Attorneys for the Commonwealth shall make a reasonable effort to insure that victims and witnesses who are required to attend criminal justice proceedings are notified promptly of any scheduled changes that affect their appearances. Attorneys for the Commonwealth shall notify the victim that upon the conviction of the defendant, the victim has the right to submit a written victim impact statement to the probation officer responsible for preparing the presentence investigation report for inclusion in the report, or to the court should such a report be waived by the defendant.
Attorneys for the Commonwealth shall make a reasonable effort to insure that victims receive prompt notification that the Attorney General will notify the victim if an appeal of the conviction is pursued by the defendant.
Consultation
Attorneys for the Commonwealth shall consult victims on case disposition including the following:
- Case dismissal
- Release of defendant pending judicial proceedings
- Any conditions of release
- A negotiated plea
- Defendant’s entry into a pre-trial diversion program
Other Provisions
Attorneys for the Commonwealth shall:
- Promptly return a victim’s property held for evidentiary purposes unless there is a compelling reason for retaining it;
- Provide information on obtaining protection from harm and threats of harm arising out of cooperation with law enforcement and prosecution efforts;
- Upon request by a victim or witness, assist in informing employers that the need for victim or witness cooperation in the prosecution of the case may necessitate absences from work.
You can read it here:
| crime-victim-bor-handbook.pdf |