Tennesseans voted to add more victims’ rights to the state constitution, passing Amendment 3, known as Marsy’s Law.
The amendment clarifies existing victims’ rights regarding restitution and notifications on criminal proceedings and release dates. And it adds new rights regarding parole hearing notifications and participation. It also extends rights to victims of juvenile crime, a part of the justice system currently not mentioned in the state constitution.
Tennessee joins several other states that have passed some version of Marsy’s Law, named for 21-year-old Marsalee Nicholas, who was murdered by her ex-boyfriend in 1983 in California. Her family encountered him at a market after her funeral, not knowing he had been released. To help protect other victim families, they pushed for greater victims’ rights in California and nationally.
The new victims’ bill of rights will replace eight victims’ rights that were added to the Constitution through a ballot vote back in 1998. Those provide a right to confer with prosecutors, a right to be free of harassment and intimidation and the right to be informed of proceedings and releases. Proponents of Marsy’s Law in Tennessee have said the current victims’ rights are inadequate and are difficult to enforce.
The amendment received little pushback on its content, but some lawmakers disagreed with the effort to change the constitution rather than amending state laws. Because a constitutional change requires approval from multiple legislative sessions, it is difficult to adjust, and they argued the evolving needs of victims might be better served through state statute.
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