Bill Filed During National Crime Victims’ Rights Week
Victims’ rights legislation known as Marsy’s Law, passed the state House on Thursday with a bipartisan 94-21 final vote. The legislation seeks to amend the state constitution to provide an equal level of constitutional protections to North Carolina crime victims that are already given to the accused and convicted.
House Bill 551, sponsored by Reps. Nelson Dollar, Rena Turner, Destin Hall and Beverly Earle had 77 of sponsors and cosponsors, enough to reach the three-fifths needed in the House to qualify for a statewide vote to amend the constitution to strengthen victims’ rights.
The legislation now moves to the state Senate where it is sponsored by Senators Brent Jackson, Tamara Barringer, and Warren Daniel.
More than eight in ten North Carolinians from across the political spectrum support amending the constitution to give victims stronger rights according to a recent survey of North Carolina voters. Nearly nine out of ten voters believe that crime victims should be guaranteed notification of a criminal’s bail, parole, release or escape and that victims, if they choose, have the constitutional right to speak at the bail or sentencing hearing.
Marsy’s Law for NC kicked off a campaign earlier in April during National Crime Victims’ Week to begin the two-step process to amend the state constitution: the first step requires a bill passed by ⅗ of both chambers of the state Legislature to then send it to a statewide vote the following year.
The victims’ rights legislation has North Carolina-specific language that will focus on felonies and violent misdemeanors.
It will guarantee that victims receive certain rights in a number of important ways including:
- informing victims and their families about their rights and the services available to them,
- giving them the right to receive notification of proceedings and major developments in a criminal case,
- protecting their safety by notifying them in a timely manner regarding changes to the offender’s custodial status,
- allowing victims and their families to exercise their right to be present – and heard – at court proceedings,
- providing input to the prosecutor before a plea agreement is finalized; and
- establishing the right to restitution from the convicted.
Marsy’s Law for North Carolina seeks to amend the state constitution to provide an equal level of constitutional protection to victims of crime that is already afforded to the accused and convicted. Marsy’s Law is supported across the political spectrum to ensure that victims have the same “co-equal” rights as the accused and convicted – nothing more; nothing less.
While there are some victims’ rights protections currently in North Carolina’s constitution, they are not applied the same way from county to county and there is not currently broad, statewide, enforceable language equally outlined across the state. The Marsy’s Law for NC campaign aims to give victims of crime a voice they do not have by law in the criminal justice process, and the safety and peace-of-mind to know their assailant has not been released without their knowledge.
About Marsy’s Law
Marsy’s Law is named after Marsalee “Marsy” Nicholas of California who was stalked and killed by her ex-boyfriend in 1983. Only one week after her death, Marsy’s mother and brother, Henry T. Nicholas, walked into a grocery store where they were confronted by the accused murderer. The family, who had just come from a visit to Marsy’s grave, was unaware that the accused had been released on bail. In an effort to honor his sister, Dr. Nicholas, co-founder of Broadcom Corporation, has made it his mission to give victims and their families constitutional protections and equal rights. He formed Marsy’s Law for All in 2009, providing expertise and resources to victims’ rights organizations nationwide.
Since California’s passage of the Victims’ Bill of Rights Act of 2008, Marsy’s Law legislation has also succeeded in Montana, North Dakota, South Dakota and Illinois.
