FRANKFORT, Ky. (WDRB) – A bill promising constitutional rights to crime victims is getting another shot in Kentucky.
Marsy’s Law is a proposed amendment to the state constitution, which would guarantee crime victims certain rights, including that they be notified of court proceedings related to their case. Kentucky voters approved the law in 2018 in a ballot measure, with 63% supporting it. However, the Kentucky Supreme Court voided it, ruling the question on the ballot was too vague.
Sen. Whitney Westerfield, R-Crofton, reintroduced the amendment Thursday in Frankfort. It has not yet been assigned to a committee.
Marsy’s Law would require, among other things, that crime victims be notified of and heard during court proceedings related to their case.
Sen. Whitney Westerfield, R-Crofton.
“Most prosecutors are doing it just right,” said Westerfield. "... but there are a lot of instances where they are not doing it the right way.”
Westerfield also added a line to address pardons, which was a direct result of former Gov. Matt Bevin’s controversial pardons in December.
“Some of which everyone was really troubled by, naturally,” said Westerfield.
The new proposal would require victims to also be notified if the perpetrator in their case is being considered for a pardon, commutation of sentence or reprieve.
“The whole point of Marsy’s Law is to make sure that victims are treated with respect and they’re involved," Westerfield said. "And that they have a meaningful role in the criminal justice proceedings that are involved in their case. And so we wanted to make sure that step for pardons was included, too.”
An existing Kentucky statute already provides rights similar to Marsy’s Law to a lengthy list of crime victims.
“We want to make sure the rights are there for all these victims in all these cases, and that those rights are protected,” Westerfield said. “We’re lagging behind, and our victims are paying for it. And we can stand up for them, and we can do that in a way that honors and appreciates their role in the process, without hurting or harming or diminishing the rights of the accused.”
Last year, many defense and prosecuting attorneys brought up concerns about how the law would increase departments’ work loads without providing extra resources.
Hardin County Commonwealth Attorney Shane Young said those concerns remain.
Hardin County Commonwealth Attorney Shane Young.
“You’re not going to find a commonwealth or a county attorney in this state that’s not for a victim having rights or being informed,” said Young. “We should do everything we can to make sure the victim is informed, to make sure the victim has a voice.”
However, Young believes current state laws provide adequate protections for victims.
He said questions about how Marsy’s Law will actually work remain and should be answered before Kentuckians decide to change the constitution.
For example, Marsy's law provides to the victims the same rights as the accused, but Young said some of the specifics are unclear.
“So the accused, as we know, has the right to an attorney. And if they can’t afford one, then one will be appointed for them. It (Marsy’s Law) also alludes to the fact that a victim could have an attorney present as well. So does that mean a court would have to appoint an attorney for the victim? Who would that be? And who will pay for it?” Young asked.
Westerfield said Marsy’s Law should not burden or jeopardize the criminal justice system. Kentucky is one of 15 states that does not have a law guaranteeing constitutional rights for victims.
Westerfield said he hopes the amendment passes with even stronger support than in 2018. And if is approved and goes to voters, the amendment will appear in its entirety on the ballot, to sidestep the Supreme Court's concerns.
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