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It’s now up to you, Tennessee, to stand up for victims' rights | Opinion

Guest Nov 14, 2025

Tennessee

4:33

As part of our ongoing effort to elevate voices calling for equal crime victims' rights in Tennessee, we’re pleased to share this op-ed from Rep Elaine Davis, originally published by Knox News.

October 20, 2025

When someone becomes the victim of a crime, their world changes in an instant.

In those moments, they need compassion, clarity and a justice system that truly sees and hears them.

Our partners in law enforcement and our justice system work hard to support victims. But still, too often, victims and their families feel overlooked. They may not know their rights or what comes next and are left with more questions than answers.

For those already carrying the weight of trauma, gaps in communication and support can make a painful journey even more isolating.

We have a responsibility to ensure every victim is treated with dignity and respect.

That’s why I was proud to co-sponsor Marsy’s Law, a proposed amendment to the Tennessee State Constitution that establishes clear and enforceable protections for crime victims. Voters will have the opportunity to make these protections permanent when they go to the polls in 2026.

Marsy’s Law is part of a nationwide effort to support crime victims and prevent further trauma.

Marsy's Law strengthens states' protections for crime victims

The law is named after Marsalee “Marsy” Nicholas, a college student who was stalked and murdered by her ex-boyfriend in 1983 while attending the University of California at Santa Barbara. One week after her death, as her family was walking back from her funeral, they ran into her killer, who had been released on bail.

This constitutional amendment seeks to ensure traumatic experiences like this never happen to victims in Tennessee.

Tennesseans in 1998 stepped up to enshrine the Tennessee Crime Victims’ Bill of Rights in the state constitution. That was an important step forward, but we’ve found over the last two decades that some of those protections were too vague and difficult to enforce.

Marsy’s Law strengthens and expands those rights by making them clear, consistent, and legally enforceable across the state. It outlines 13 specific rights that must be upheld at every stage of the legal process.

These rights include being notified of criminal proceedings, having the opportunity to be heard at those proceedings as well as hearings related to the offender’s release or parole. Victims must also be notified if the offender is released, transferred or escapes.

Marsy's Law informs families about court decisions, paroles

One of the new protections includes the right to have the safety of the victim, the victim’s family and the general public considered before any parole or other post-judgment release decision is made.

This law also protects victims from any harassment, intimidation and abuse throughout the criminal justice system, including reasonable protection from the accused.

At its core, Marsy’s Law is about protecting victims and ensuring their voices are heard. But it’s also about something bigger: creating a justice system that helps prevent future harm by empowering those most affected.

When victims understand their rights are protected, they are more likely to speak up, stay engaged and help bring offenders to justice. That kind of participation strengthens accountability, builds trust in the system and can help prevent future crimes.

Supporting victims doesn’t just address the trauma of the past; it’s also a powerful way to protect others in the future. That’s why making Marsy’s Law a permanent part of our state constitution is so important.

Amendment is now in the hands of Tennessee voters

Amending the state’s constitution requires broad support and careful consideration from both lawmakers and voters. Constitutional amendments require approval by two separate bodies of the Tennessee General Assembly before they are brought to voters for a final decision.

Marsy’s Law received its first approval from the 113th General Assembly and then its second in April from the 114th General Assembly.

It passed unanimously this year with bipartisan support in the House of Representatives. Shockingly, five Democrats in the Tennessee Senate voted ‘No’ to protections for victims.

Now, it’s up to you. Marsy’s Law will appear on the Nov. 3, 2026, ballot alongside two other constitutional amendments.

A ‘yes’ vote will ensure that victims’ rights are permanently protected in the Volunteer State. Together, we can make sure no victim in Tennessee is left unheard or unprotected

Elaine Davis represents District 18, which includes part of Knox County, in the Tennessee House of Representatives. She serves as vice chair of the Judiciary Committee and is a member of the Transportation Committee, Ethics Committee, Private Acts Committee and Civil Justice Subcommittee.

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