Kentucky may vote again on Marsy’s Law. It puts crime victims’ rights in constitution.
For the second time in two years, Kentuckians may get the chance to vote on a constitutional amendment called “Marsy’s Law” that would create a bill of rights for crime victims.
Kentucky voters approved the law in 2018, with 63 percent supporting it, but the Kentucky Supreme Court voided the vote, ruling that the question on the ballot was too vague. The entire text of the amendment should have been on the ballot, they said.
Sen. Whitney Westerfield, a Republican from Hopkinsville, reintroduced the measure in this year’s General Assembly as Senate Bill 15 and the Senate signed off on it Tuesday on a vote of 31-6, with one pass. Some senators voiced concern that protections for crime victims should be addressed in statutes and not the Kentucky Constitution.
The bill now goes to the House, where it was approved 87-3 in 2018. The governor has no control over constitutional amendments but Democratic Gov. Andy Beshear told reporters earlier Tuesday that he supports more rights for crime victims “and Marsy’s Law, I think, is a good way to make sure we enshrine that.”
He said he wants to make sure it does not have unintended consequences before totally endorsing the bill.
Senate Bill 15 would establish about a dozen constitutional rights for crime victims, many similar to rights that have existed in state law since 1986.
They include the right to be heard at court proceedings; for proceedings to be free from unreasonable delay; to be notified when a defendant is released or escapes custody; to have reasonable protection from the accused and those acting on behalf of the accused; to have consideration for their safety, dignity and privacy; and to consult with prosecutors
Westerfield told his Senate colleagues that the only change from the 2018 measure is that he added a provision dealing with a governor’s pardons. It stemmed from several controversial pardons former Gov. Matt Bevin issued before leaving office in December.
The addition would require victims to be notified if the convicted in their case is being considered for a pardon, commutation of sentence or reprieve.
Westerfield said SB 15 “means all the differences in the world to victims.” He noted that Kentucky is one of 15 states that do not have a law like this.
Some senators said the bill is the wrong approach to deal with the issue.
“This is a misguided constitutional amendment,” said Sen. John Schickel, R-Union.
Sen. Wil Schroeder, R-Wilder, said Kentucky already has a bill of rights for crime victims.
“I jealously guard the constitution,” said Sen. Robin Webb, D-Grayson, in voting against the bill.
Westerfield said he wants to make sure these rights for victims are secured and protected.
Some defense attorneys and prosecutors have raised concerns about the bill, saying it would cause confusion in courts and add to their offices’ workloads without adding financial resources.
Heather Gatnarek, a staff attorney for the ACLU of Kentucky, said Marsy’s Law has created “unexpected and bizarre consequences in states like North Dakota, South Dakota, Nevada and Florida.
“The victims’ constitutional right to privacy found in Marsy’s Law has been interpreted by some jurisdictions as a requirement police withhold certain information from the public. Other states have reported delays and snags within the justice system, including bond or bail hearings that are often delayed pending victim notification, sometimes for weeks or even months.”
She said House members should not vote for a constitutional amendment “that will ultimately let victims down and cause widespread problems in our justice system.”
A group pushing the bill, Marsy’s Law of Kentucky, said in a statement, “Crime victims and their advocates are celebrating today’s overwhelming Senate passage of SB 15, as momentum continues to build toward guaranteeing victims a voice in our state’s criminal justice system.”
The Lexington Herald-Leader reported in October 2018 that Henry T. Nicholas III, a California tech billionaire, spent about $5 million in Kentucky to promote the law named for his sister, who was murdered in 1983. He has spent millions in other states for the law.
This story was originally published February 25, 2020 at 5:15 PM.
