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Marsy's Law (Illinois)

April 11, 2024


Marsy's Law for Illinois, formally called the Illinois Crime Victims' Bill of Rights, amended the 1993 Rights of Crime Victims and Witnesses Act by establishing additional protections for crime victims and their families. Voters approved the measure as a constitutional amendment on November 4, 2014. It became law in 2015.

Crime Victims' Bill of Rights
2014
Amendment of Section 8.1 of Article I of the Illinois Constitution
Results
Choice
 Votes %
Yes 2,653,475 78.45%
No 728,991 21.55%

The law is modeled after a piece of 2008 California legislation called Marsy's Law.

Overview edit

The Illinois Crime Victims' Bill of Rights amended the Constitution of Illinois to include protections for crime victims, including information on hearings, restitution and other protections.[1] It was modeled after 2008 California legislation called Marsy's Law, named after Marsy Nicholas, a California college student who was murdered by an ex-boyfriend in 1983.[2]

Illinois' Marsy's Law was one of several efforts to expand Marsy's Law across the U.S. following its successful adoption in California. Voters in South Dakota[3][4] and Montana[5] adopted their own versions of Marsy's Law in 2016, but the Montana measure was held unconstitutional by the Montana Supreme Court before it was implemented.[6] There are efforts to introduce similar Marsy's Laws in Hawaii[7] and Nevada.[8] The ballot measure in Illinois received close to $4.3 million in financial support from Henry Nicholas, the brother of Marsy Nicholas and the sponsor of the original campaign in California.[9][10]

History edit

In April 2014, Illinois lawmakers in the state's House and Senate agreed to place a referendum on the fall ballot to amend the Illinois state constitution.[1][11] The proposed amendment to Section 8.1 of Article I of the Illinois Constitution, the Crime Victims' Bill of Rights, appeared on the ballot of the November 4, 2014, general election. Seventy-eight percent of voters who answered the question approved the referendum.[9]

The state House approved HB 1121, the implementation bill reconciling the 1993 Rights of Crime Victims and Witnesses Act with the constitutional amendment, on April 23, 2015.[12][13] A month later, the state Senate approved the bill.[12][13] Marsy's Law became effective immediately when Governor Bruce Rauner signed the legislation on August 20, 2015.[14]

The editorial boards of the Chicago Tribune,[15] The Southern Illinoisan,[16] Herald & Review,[17] Rock River Times,[18] The Pantagraph[19] and Rockford Register Star[20] encouraged voters to approve the Marsy's Law amendment. The Chicago Tribune editorial board wrote that the measure gives victims legal standing to assert rights. "Because of the limits in the existing constitutional text," the editorial board wrote, "this change cannot be made by passing a law — only by revising the constitution." The Daily Herald (Arlington Heights),[21] The News-Gazette (Champaign-Urbana)[22] and Quad-City Times[23] editorial boards opposed the amendment. Whereas The News-Gazette and Quad-City Times said the referendum offered no new protections,[22][23] the Daily Herald said the constitution change "adds little aside from some enforcement provisions to rights already granted" and could increase court costs.[21]

Illinois Attorney General Lisa Madigan supported Marsy's Law by saying victims are "owed a voice".[1] The Illinois Family Institute sided with supporters of the amendment who said it would help enforce existing laws.[24]

Opponents of Marsy's Law included House Majority Leader Barbara Flynn Currie, Illinois State Bar Association and defense attorneys (The Illinois Association of Criminal Defense Attorneys) .[1][25] Currie said the proposal would slow court proceedings.[1] The bar association argued the changes should be made through statutes, rather than amendments to the state constitution.[26]

Provisions of the law edit

The Illinois Crime Victims' Bill of Rights amended the 1993 Rights of Crime Victims and Witnesses Act by establishing additional protections for victims of crimes and their families.[14] The law says crime victims have the right to be free from harassment, intimidation and abuse throughout the court process.[14] The law ensures victims receive timely notice of all court proceedings and the accused's conviction, sentence, imprisonment and release.[14] Additionally, the law allows victims the right to communicate with prosecution; to be heard at proceedings on post-arraignment release decisions, pleas, or sentencings; to attend trials and other court proceedings, and to have an advocate attend hearings with them; restitution; and to have their safety and the safety of their family considered in bail decisions and conditions of release.[14]

Constitutional changes edit

The amendment changed Section 8.1 of the Illinois Constitution of 1970. Section 8.1 was originally adopted with the 1992 ratification of the Crime Victim Rights Amendment.[27] Section 8.1 was amended to read:

Section 8.1: Crime Victims' Rights:

a) Crime victims, as defined by law, shall have the following rights:

1) The right to be treated with fairness and respect for their dignity and privacy and to be free from harassment, intimidation, and abuse throughout the criminal justice process.
2) The right to notice and to a hearing before a court ruling on a request for access to any of the victim's records, information, or communications which are privileged or confidential by law.
3) The right to timely notification of all court proceedings.
4) The right to communicate with the prosecution.
5) The right to be heard at any post-arraignment court proceeding in which a right of the victim is at issue and any court proceeding involving a post-arraignment release decision, plea, or sentencing.
6) The right to be notified of the conviction, the sentence, the imprisonment, and the release of the accused.
7) The right to timely disposition of the case following the arrest of the accused.
8) The right to be reasonably protected from the accused throughout the criminal justice process.
9) The right to have the safety of the victim and the victim's family considered in denying or fixing the amount of bail, determining whether to release the defendant, and setting conditions of release after arrest and conviction.
10) The right to be present at the trial and all other court proceedings on the same basis as the accused, unless the victim is to testify and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial.
11) The right to have present at all court proceedings, subject to the rules of evidence, an advocate and other support person of the victim's choice.
12) The right to restitution.

b) The victim has standing to assert the rights enumerated in subsection (a) in any court exercising jurisdiction over the case. The court shall promptly rule on a victim's request. The victim does not have party status. The accused does not have standing to assert the rights of a victim. The court shall not appoint an attorney for the victim under this Section. Nothing in this Section shall be construed to alter the powers, duties, and responsibilities of the prosecuting attorney.

c) The General Assembly may provide for an assessment against convicted defendants to pay for crime victims' rights.

d) Nothing in this Section or any law enacted under this Section creates a cause of action in equity or at law for compensation, attorney's fees, or damages against the State, a political subdivision of the State, an officer, employee, or agent of the State or of any political subdivision of the State, or an officer or employee of the court.

e) Nothing in this Section or any law enacted under this Section shall be construed as creating :1) a basis for vacating a conviction or (2) a ground for any relief requested by the defendant[28]

Results edit

In order to be approved, measure required either 60% support among those specifically voting on the amendment or 50% support among all ballots cast in the 2014 Illinois elections.[29] The measure ultimately achieved both.[29]

For the proposed amendment of Section 8.1 of Article I of the Illinois Constitution[30][29][31]
Option Votes % of votes
on measure 		% of all ballots
cast
Yes 2,653,475 78.4 72.10
No 728,991 21.6 19.81
Total votes 3,382,466 100 91.90
Voter turnout 45.07%

References edit

  1. ^ a b c d e Tareen, Sophia (20 October 2015). "Illinois voters to face a rare 5 ballot questions". The Associated Press. Retrieved 2 November 2015.
  2. ^ Colker, David (27 March 2015). "Marcella Leach dies at 85; advocate for Marsy's Law on victims' rights". Los Angeles Times. Retrieved 2 November 2015.
  3. ^ "South Dakota Constitution, Article VI, Section 29". South Dakota Legislative Research Council. Retrieved 8 July 2018.
  4. ^ Mercer, Bob (26 October 2015). "Panel studying child sexual abuse seems inclined to favor victim-rights amendment". Rapid City Journal. Retrieved 2 November 2015.
  5. ^ Carter, Troy (25 October 2015). "Elections 2016: Montana ballot measures proposed on marijuana, guns, criminal justice". Bozeman Daily Chronicle. Retrieved 2 November 2015.
  6. ^ O'Brien, Edward (1 November 2017). "Montana Supreme Court Declares Marsy's Law Unconstitutional". Montana Public Radio. Retrieved 8 July 2018.
  7. ^ "Hawaii lawmakers consider crime victims' right-to-know bill". KHON-TV. 3 March 2015. Retrieved 2 November 2015.
  8. ^ Corona, Marcella (12 June 2015). "Bills to help child above, revenge porn victims". Reno Gazette-Journal. Retrieved 7 December 2015.
  9. ^ a b Essley Whyte, Liz (5 February 2015). "Big business gave heavily to thwart ballot measures in 2014". Time. Retrieved 2 November 2015.
  10. ^ Mickadeit, Frank (20 April 2010). "On victims' day, Henry Nicholas recalls sister". Orange County Register. Retrieved 11 December 2015.
  11. ^ Chuck Sudo (11 April 2014). . Chicagoist. Archived from the original on 3 March 2016. Retrieved 2 November 2015.
  12. ^ a b "Bill Status of HB1121 99th General Assembly". Illinois General Assembly. Retrieved 2 November 2015.
  13. ^ a b Ruch, Amber (26 May 2015). "Marsy's Law legislation unanimously passes IL Senate". KFVS-TV. Retrieved 5 November 2015.
  14. ^ a b c d e "Public Act 099-0413" (PDF). Illinois General Assembly. Retrieved 2 November 2015.
  15. ^ "Vote yes on the Illinois constitutional amendments". Chicago Tribune. 27 October 2014. Retrieved 2 November 2015.
  16. ^ "Voice of The Southern: Vote yes on Crime Victims' Bill of Rights". The Southern Illinoisan. 30 October 2014. Retrieved 2 November 2015.
  17. ^ "Two amendments that deserve passage". Herald & Review. 19 October 2014. Retrieved 2 November 2015.
  18. ^ "Nov. 4 General Election endorsements". Rock River Times. 29 October 2014. Retrieved 2 November 2015.
  19. ^ "Editorial: Constitutional proposals worth your vote". The Pantagraph. 19 October 2014. Retrieved 2 November 2015.
  20. ^ "Our View: Support victims' rights". Rockford Register Star. 30 October 2014. Retrieved 2 November 2015.
  21. ^ a b "Endorsement: No on well-meaning but uncertain amendments". Daily Herald (Arlington Heights). 19 October 2014. Retrieved 2 November 2015.
  22. ^ a b "Phony issues on the ballot". The News-Gazette (Champaign-Urbana). 24 October 2014. Retrieved 2 November 2015.
  23. ^ a b "Six times 'no'". Quad-City Times. 31 October 2014. Retrieved 2 November 2015.
  24. ^ "Illinois Family Institute recommends 4 "No", 1 "yes" on November ballot questions". Illinois Review. 9 October 2014. Retrieved 7 December 2015.
  25. ^ Dismer, Elise (10 April 2014). "Senate puts victims-rights amendment on Nov. 4 ballot". Chicago Sun Times. Retrieved 7 December 2015.[permanent dead link]
  26. ^ Lecci, Stephanie (8 September 2014). "Illinois voters to consider constitutional amendment on crime victims' rights". KWMU. Retrieved 7 December 2015.
  27. ^ "Article I, Illinois Constitution". Ballotpedia. Retrieved 1 February 2022.
  28. ^ "Illinois Marsy's Law Crime Victims' Bill of Rights Amendment (2014)". Ballotpedia. Retrieved 1 February 2022.
  29. ^ a b c "Illinois Constitution - Amendments Proposed". www.ilga.gov. Illinois General Assembly. Retrieved 26 March 2020.
  30. ^ "Election Results: General Election—11/4/2014". Illinois State Board of Elections. 4 November 2014. Retrieved 2 November 2015.
  31. ^ "Voter Turnout". www.elections.il.gov. Illinois State Board of Elections. Retrieved 22 March 2020.

External links edit

  • Election results

April 11, 2024
marsy, illinois, marsy, illinois, formally, called, illinois, crime, victims, bill, rights, amended, 1993, rights, crime, victims, witnesses, establishing, additional, protections, crime, victims, their, families, voters, approved, measure, constitutional, ame. Marsy s Law for Illinois formally called the Illinois Crime Victims Bill of Rights amended the 1993 Rights of Crime Victims and Witnesses Act by establishing additional protections for crime victims and their families Voters approved the measure as a constitutional amendment on November 4 2014 It became law in 2015 Crime Victims Bill of Rights2014Amendment of Section 8 1 of Article I of the Illinois ConstitutionResultsChoice Votes Yes 2 653 475 78 45 No 728 991 21 55 The law is modeled after a piece of 2008 California legislation called Marsy s Law Contents 1 Overview 2 History 3 Provisions of the law 3 1 Constitutional changes 4 Results 5 References 6 External linksOverview editThe Illinois Crime Victims Bill of Rights amended the Constitution of Illinois to include protections for crime victims including information on hearings restitution and other protections 1 It was modeled after 2008 California legislation called Marsy s Law named after Marsy Nicholas a California college student who was murdered by an ex boyfriend in 1983 2 Illinois Marsy s Law was one of several efforts to expand Marsy s Law across the U S following its successful adoption in California Voters in South Dakota 3 4 and Montana 5 adopted their own versions of Marsy s Law in 2016 but the Montana measure was held unconstitutional by the Montana Supreme Court before it was implemented 6 There are efforts to introduce similar Marsy s Laws in Hawaii 7 and Nevada 8 The ballot measure in Illinois received close to 4 3 million in financial support from Henry Nicholas the brother of Marsy Nicholas and the sponsor of the original campaign in California 9 10 History editIn April 2014 Illinois lawmakers in the state s House and Senate agreed to place a referendum on the fall ballot to amend the Illinois state constitution 1 11 The proposed amendment to Section 8 1 of Article I of the Illinois Constitution the Crime Victims Bill of Rights appeared on the ballot of the November 4 2014 general election Seventy eight percent of voters who answered the question approved the referendum 9 The state House approved HB 1121 the implementation bill reconciling the 1993 Rights of Crime Victims and Witnesses Act with the constitutional amendment on April 23 2015 12 13 A month later the state Senate approved the bill 12 13 Marsy s Law became effective immediately when Governor Bruce Rauner signed the legislation on August 20 2015 14 The editorial boards of the Chicago Tribune 15 The Southern Illinoisan 16 Herald amp Review 17 Rock River Times 18 The Pantagraph 19 and Rockford Register Star 20 encouraged voters to approve the Marsy s Law amendment The Chicago Tribune editorial board wrote that the measure gives victims legal standing to assert rights Because of the limits in the existing constitutional text the editorial board wrote this change cannot be made by passing a law only by revising the constitution The Daily Herald Arlington Heights 21 The News Gazette Champaign Urbana 22 and Quad City Times 23 editorial boards opposed the amendment Whereas The News Gazette and Quad City Times said the referendum offered no new protections 22 23 the Daily Herald said the constitution change adds little aside from some enforcement provisions to rights already granted and could increase court costs 21 Illinois Attorney General Lisa Madigan supported Marsy s Law by saying victims are owed a voice 1 The Illinois Family Institute sided with supporters of the amendment who said it would help enforce existing laws 24 Opponents of Marsy s Law included House Majority Leader Barbara Flynn Currie Illinois State Bar Association and defense attorneys The Illinois Association of Criminal Defense Attorneys 1 25 Currie said the proposal would slow court proceedings 1 The bar association argued the changes should be made through statutes rather than amendments to the state constitution 26 Provisions of the law editThe Illinois Crime Victims Bill of Rights amended the 1993 Rights of Crime Victims and Witnesses Act by establishing additional protections for victims of crimes and their families 14 The law says crime victims have the right to be free from harassment intimidation and abuse throughout the court process 14 The law ensures victims receive timely notice of all court proceedings and the accused s conviction sentence imprisonment and release 14 Additionally the law allows victims the right to communicate with prosecution to be heard at proceedings on post arraignment release decisions pleas or sentencings to attend trials and other court proceedings and to have an advocate attend hearings with them restitution and to have their safety and the safety of their family considered in bail decisions and conditions of release 14 Constitutional changes edit The amendment changed Section 8 1 of the Illinois Constitution of 1970 Section 8 1 was originally adopted with the 1992 ratification of the Crime Victim Rights Amendment 27 Section 8 1 was amended to read Section 8 1 Crime Victims Rights a Crime victims as defined by law shall have the following rights 1 The right to be treated with fairness and respect for their dignity and privacy and to be free from harassment intimidation and abuse throughout the criminal justice process 2 The right to notice and to a hearing before a court ruling on a request for access to any of the victim s records information or communications which are privileged or confidential by law 3 The right to timely notification of all court proceedings 4 The right to communicate with the prosecution 5 The right to be heard at any post arraignment court proceeding in which a right of the victim is at issue and any court proceeding involving a post arraignment release decision plea or sentencing 6 The right to be notified of the conviction the sentence the imprisonment and the release of the accused 7 The right to timely disposition of the case following the arrest of the accused 8 The right to be reasonably protected from the accused throughout the criminal justice process 9 The right to have the safety of the victim and the victim s family considered in denying or fixing the amount of bail determining whether to release the defendant and setting conditions of release after arrest and conviction 10 The right to be present at the trial and all other court proceedings on the same basis as the accused unless the victim is to testify and the court determines that the victim s testimony would be materially affected if the victim hears other testimony at the trial 11 The right to have present at all court proceedings subject to the rules of evidence an advocate and other support person of the victim s choice 12 The right to restitution b The victim has standing to assert the rights enumerated in subsection a in any court exercising jurisdiction over the case The court shall promptly rule on a victim s request The victim does not have party status The accused does not have standing to assert the rights of a victim The court shall not appoint an attorney for the victim under this Section Nothing in this Section shall be construed to alter the powers duties and responsibilities of the prosecuting attorney c The General Assembly may provide for an assessment against convicted defendants to pay for crime victims rights d Nothing in this Section or any law enacted under this Section creates a cause of action in equity or at law for compensation attorney s fees or damages against the State a political subdivision of the State an officer employee or agent of the State or of any political subdivision of the State or an officer or employee of the court e Nothing in this Section or any law enacted under this Section shall be construed as creating 1 a basis for vacating a conviction or 2 a ground for any relief requested by the defendant 28 Results editIn order to be approved measure required either 60 support among those specifically voting on the amendment or 50 support among all ballots cast in the 2014 Illinois elections 29 The measure ultimately achieved both 29 For the proposed amendment of Section 8 1 of Article I of the Illinois Constitution 30 29 31 Option Votes of voteson measure of all ballotscastYes 2 653 475 78 4 72 10No 728 991 21 6 19 81Total votes 3 382 466 100 91 90Voter turnout 45 07 References edit a b c d e Tareen Sophia 20 October 2015 Illinois voters to face a rare 5 ballot questions The Associated Press Retrieved 2 November 2015 Colker David 27 March 2015 Marcella Leach dies at 85 advocate for Marsy s Law on victims rights Los Angeles Times Retrieved 2 November 2015 South Dakota Constitution Article VI Section 29 South Dakota Legislative Research Council Retrieved 8 July 2018 Mercer Bob 26 October 2015 Panel studying child sexual abuse seems inclined to favor victim rights amendment Rapid City Journal Retrieved 2 November 2015 Carter Troy 25 October 2015 Elections 2016 Montana ballot measures proposed on marijuana guns criminal justice Bozeman Daily Chronicle Retrieved 2 November 2015 O Brien Edward 1 November 2017 Montana Supreme Court Declares Marsy s Law Unconstitutional Montana Public Radio Retrieved 8 July 2018 Hawaii lawmakers consider crime victims right to know bill KHON TV 3 March 2015 Retrieved 2 November 2015 Corona Marcella 12 June 2015 Bills to help child above revenge porn victims Reno Gazette Journal Retrieved 7 December 2015 a b Essley Whyte Liz 5 February 2015 Big business gave heavily to thwart ballot measures in 2014 Time Retrieved 2 November 2015 Mickadeit Frank 20 April 2010 On victims day Henry Nicholas recalls sister Orange County Register Retrieved 11 December 2015 Chuck Sudo 11 April 2014 Voters Rights Crime Victims Bill Of Rights Amendments Added To Illinois General Election Chicagoist Archived from the original on 3 March 2016 Retrieved 2 November 2015 a b Bill Status of HB1121 99th General Assembly Illinois General Assembly Retrieved 2 November 2015 a b Ruch Amber 26 May 2015 Marsy s Law legislation unanimously passes IL Senate KFVS TV Retrieved 5 November 2015 a b c d e Public Act 099 0413 PDF Illinois General Assembly Retrieved 2 November 2015 Vote yes on the Illinois constitutional amendments Chicago Tribune 27 October 2014 Retrieved 2 November 2015 Voice of The Southern Vote yes on Crime Victims Bill of Rights The Southern Illinoisan 30 October 2014 Retrieved 2 November 2015 Two amendments that deserve passage Herald amp Review 19 October 2014 Retrieved 2 November 2015 Nov 4 General Election endorsements Rock River Times 29 October 2014 Retrieved 2 November 2015 Editorial Constitutional proposals worth your vote The Pantagraph 19 October 2014 Retrieved 2 November 2015 Our View Support victims rights Rockford Register Star 30 October 2014 Retrieved 2 November 2015 a b Endorsement No on well meaning but uncertain amendments Daily Herald Arlington Heights 19 October 2014 Retrieved 2 November 2015 a b Phony issues on the ballot The News Gazette Champaign Urbana 24 October 2014 Retrieved 2 November 2015 a b Six times no Quad City Times 31 October 2014 Retrieved 2 November 2015 Illinois Family Institute recommends 4 No 1 yes on November ballot questions Illinois Review 9 October 2014 Retrieved 7 December 2015 Dismer Elise 10 April 2014 Senate puts victims rights amendment on Nov 4 ballot Chicago Sun Times Retrieved 7 December 2015 permanent dead link Lecci Stephanie 8 September 2014 Illinois voters to consider constitutional amendment on crime victims rights KWMU Retrieved 7 December 2015 Article I Illinois Constitution Ballotpedia Retrieved 1 February 2022 Illinois Marsy s Law Crime Victims Bill of Rights Amendment 2014 Ballotpedia Retrieved 1 February 2022 a b c Illinois Constitution Amendments Proposed www ilga gov Illinois General Assembly Retrieved 26 March 2020 Election Results General Election 11 4 2014 Illinois State Board of Elections 4 November 2014 Retrieved 2 November 2015 Voter Turnout www elections il gov Illinois State Board of Elections Retrieved 22 March 2020 External links editElection results Public Act 099 0413 Retrieved from https en wikipedia org w index php title Marsy 27s Law Illinois amp oldid 1152247275, wikipedia, wiki, book, books, library,

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