FRANKFORT—Kentucky voters are one step closer to being allowed to vote on a
constitutional crime victims’ “bill of rights” with the passage of a bill today in a
House committee.
Senate Bill 3—also known as Marsy’s Law—would allow the question of state
constitutional rights for crime victims to go on Kentucky’s statewide ballot this
fall. SB 3 chief sponsor Sen. Whitney Westerfield, R-Hopkinsville, read all ten
proposed rights for members of the House Elections, Constitutional Amendments and
Intergovernmental Affairs Committee, which voted 11-1 this afternoon to approve the
bill.
Kentucky currently has crime victims’ rights listed in statute, but not in the
state’s constitution. Supporters of SB 3 say they want to give constitutional rights
to victims equal to the constitutional rights given to those accused or convicted of
crimes.
“This is an important part of criminal justice reform that we haven’t done yet,”
said Westerfield. “It’s time to put a real face and a real voice to Kentucky’s
victims.”
A few of the rights that would be enshrined in the constitution if the proposed
amendment is ultimately approved are the right to notice of proceedings, the right
to reasonable protection from the accused, and the right to legal “standing,” which
would give victims the constitutional right to assert their rights in court.
Speaking in favor of SB 3 was Melissa Buchanan, the founder of the Facebook group
Hope After Homicide, whose brother, Charlie Prater, was murdered in Lewis County in
2000. Buchanan said giving crime victims information, presence and a voice in court
“will ensure consistency across the state and help families feel satisfied with the
response of our justice system.”
SB 3, which passed the Senate by a 34-1 vote on Jan. 10, now goes to the full House
for its consideration.
Westerfield has filed another bill, SB 30, which would make specific changes to
state’s statutory Crime Victims’ Bill of Rights. That bill is now before the Senate
State and Local Government Committee.
Marsy’s Laws are named for Marsy Nicholas, a California college student who was
stalked and killed by her ex-boyfriend in 1983. The laws have passed in at least six
states.