A proposal to give crime victims more rights in the Kentucky Constitution passed the Senate on Tuesday.
The legislation, known as Marsy’s Law and sponsored by Sen. Whitney Westerfield, R-Crofton, is nearly identical to a similar proposal that passed the General Assembly in 2018 and was approved by 63 percent of the voters.
However, the Kentucky Supreme Court unanimously threw out the voting results the following year, saying the ballot language was too vague. The new proposal will remedy those concerns, its supporters say.
During debate, Westerfield listed some of the rights for crime victims contained in the legislation:
- A reasonable right upon request, to timely notice of all judicial proceedings.
- A right to be heard in any proceeding involving release, pleadings, sentencing or any other matter involving the right of a victim, other than grandy jury proceedings.
- A right to present at the trial and all other proceedings, other than grand jury proceedings, on the same basis as the accused.
- A right to proceedings free from unreasonable delay.
- A right to consult with the attorney for the commonwealth or that person’s designee.
- The right to reasonable protection from the accused and those acting on the behalf of the accused.
- The right to timely notice upon request, of the release or escape of the accused.
- The right to have the safety of the victim considered in setting bail and conditions of release.
- The right to full restitution to be paid by the convicted or adjudicated party, in a manner to be determined by the court.
- A right to fairness and due consideration of the crime victim’s safety, dignity and privacy.
- Legal standing limited to the sole and exclusive purpose of asserting those rights.
“None of those rights give the victim any control over the criminal case,” Westerfield said. “Prosecutorial and judicial discretion that exists today will exist with Marsy’s Law in effect, but those victims will have a voice that is protected in our Constitution, and they deserve that.”
The one change from the 2018 legislation is because of former Gov. Matt Bevin’s rash of pardons issued during the final days of his term, according to Westerfield, “It simply requires that before a pardon or commutation or reprieve is granted, that the victim’s input must be taken into consideration.”
Most of those who spoke on the bill did so in opposition, including Sen. John Schickel, R-Union, a retired law enforcement officer who was also the Senate’s lone “no” vote in 2018.
“There’s no consensus on this bill in the legal community,” he told his colleagues. “Very diverse groups, everything from the ACLU to the Kentucky Tea Party to the Northern Kentucky Tea Party, many commonwealth’s attorneys and county attorneys, share my feelings that this bill is a grave mistake.”
Sen. Wil Schroeder, R-Wilder, also said he would vote against the measure, which he supported in 2018. He quoted a comment from South Dakota’s House speaker, “’The new law sounded good, but it didn’t end up what was advertised.’ That same Speaker introduced a bill that would repeal Marsy’s Law.”
Sen. Robin Webb, D-Grayson, an attorney, said Marsy’s Law is not needed. “Working in the justice system every day when I’m not here, we have this in place now. And to say we don’t have victims’ advocates that are committed, that are doing their job from the moment that office gets a report, to holding hands with that victim until the end of the trial, we have that. Maybe not in every jurisdiction and maybe it’s not the same throughout, nothing rarely is across this state and across jurisdictions.
“Victims, in my experience, have the opportunity to be heard. They meet with prosecutors, they are there at the trial, they’re at hearings, pre- and post-conviction. They can go to the parole board and have input there.”
She also noted that Kentucky already has the VINE System to notify victims.
Sen. Danny Carroll, R-Paducah and a retired police officer, spoke in favor of the bill.
“Those who commit crimes, there are rights within the constitution that protect them through the process, and that’s a good thing, it should be a fair process,” he said. “I cannot understand why the rights of our victims don’t deserve to be at that same level.”
The measure passed 31-6 with one “pass” vote by Sen. Perry Clark, D-Louisville, and now heads to the House.
Another bill that was up for consideration Tuesday, a proposed constitutional amendment banning a governor’s veto power from 30 days before the election until Inauguration Day, was passed over and can be heard on Wednesday.
By Tom Latek, Kentucky Today
