§ 29.
Rights of crime victim.
A victim shall have the following rights:
1. The right to due process and to be treated with fairness and respect for the victim's dignity;
2. The right to be free from intimidation, harassment and abuse;
3. The right to be reasonably protected from the accused and any person acting on behalf of the
accused;
4. The right to have the safety and welfare of the victim and the victim's family considered when
setting bail or making release decisions;
5. The right, upon request, to prevent the disclosure to the public, or the defendant or anyone
acting on behalf of the defendant in the criminal case, of information or records that could be used
to locate or harass the victim or the victim's family, or which could disclose confidential or
privileged information about the victim, and to be notified of any request for such information or
records. This does not limit law enforcement from sharing information with the public for the
purposes of enlisting the public's help in solving a crime;
6. The right, upon request, to privacy, which includes the right to refuse an interview, deposition
or other discovery request, and to set reasonable conditions on the conduct of any such interaction
to which the victim consents;
7. The right, upon request, to reasonable, accurate and timely notice of, and to be present at, all
proceedings involving the criminal or delinquent conduct, including release, plea, sentencing,
adjudication and disposition, and any proceeding during which a right of the victim is implicated;
8. The right, upon request, to be promptly notified of any release or escape of the accused;
9. The right to be heard in any proceeding involving release, plea, sentencing, adjudication,
disposition or parole, and any proceeding during which a right of the victim is implicated;
10. The right, upon request, to confer with the attorney for the government;
11. The right to provide information regarding the impact of the offender's conduct on the victim
and the victim's family to the individual responsible for conducting any pre-sentence or disposition
investigation or compiling any pre-sentence investigation report or plan of disposition, and to have
any such information considered in any sentencing or disposition recommendations;
12. The right, upon request, to receive a copy of any pre-sentence report or plan of disposition,
and any other report or record relevant to the exercise of a victim's right, except for those portions
made confidential by law;
13. The right, upon request, to the prompt return of the victim's property when no longer needed
as evidence in the case;
14. The right to full and timely restitution in every case and from each offender for all losses
suffered by the victim as a result of the criminal conduct and as provided by law for all losses
suffered as a result of delinquent conduct;
15. The right to proceedings free from unreasonable delay, and to a prompt and final conclusion
of the case and any related post-judgment proceedings;
16. The right, upon request, to be informed of the conviction, adjudication, sentence, disposition,
place and time of incarceration, detention or other disposition of the offender, any scheduled release
date of the offender, and the release of or the escape by the offender from custody;
17. The right, upon request, to be informed in a timely manner of all post-judgment processes
and procedures, to participate in such processes and procedures, to provide information to the release
authority to be considered before any release decision is made, and to be notified of any release
decision regarding the offender. Any parole authority shall extend the right to be heard to any person
harmed by the offender;
18. The right, upon request, to be informed in a timely manner of clemency and expungement
procedures, to provide information to the Governor, the court, any clemency board and other
authority in these procedures, and to have that information considered before a clemency or
expungement decision is made, and to be notified of such decision in advance of any release of the
offender; and
19. The right to be informed of these rights, and to be informed that a victim can seek the advice
of an attorney with respect to the victim's rights. This information shall be made available to the
general public and provided to each crime victim in what is referred to as a Marsy's Card.
The victim, the retained attorney of the victim, a lawful representative of the victim, or the
attorney for the government, upon request of the victim, may assert and seek enforcement of the
rights enumerated in this section and any other right afforded to a victim by law in any trial or
appellate court, or before any other authority with jurisdiction over the case, as a matter of right. The
court or other authority with jurisdiction shall act promptly on such a request, affording a remedy
by due course of law for the violation of any right and ensuring that victims' rights and interests are
protected in a manner no less vigorous than the protections afforded to criminal defendants and
children accused of delinquency. The reasons for any decision regarding the disposition of a victim's
right shall be clearly stated on the record.
The granting of these rights to any victim shall ensure the victim has a meaningful role
throughout the criminal and juvenile justice systems and may not be construed to deny or disparage
other rights possessed by victims. The Legislature, or the people by initiative or referendum, have
the authority to enact substantive and procedural laws to further define, implement, preserve, and
protect the rights guaranteed to victims by this section.
As used in this section, the term, victim, means a person against whom a crime or delinquent act
is committed. In the case of a victim who is killed or incapacitated as a result of the crime or
delinquent act, or who is a minor, the term also includes any spouse, parent, child, sibling, or as
designated by the court, grandparent, grandchild, or guardian. The term does not include the accused
or a person whom the court finds would not act in the best interests of a deceased, incompetent,
minor or incapacitated victim.
Nothing in this section or any law enacted under this section creates a cause of action for
damages against the state or any political subdivision of the state, or any officer, employee, or agent
of the state or of any political subdivision of the state.
History: SL 2017, ch 220 (Initiated Constitutional Amendment S) approved Nov. 8, 2016, eff. Nov. 16, 2016. Amendment proposed by SL 2018, ch 2, § 2, approved June 5, 2018, eff. July 1, 2018.
