'Marsy's Law' advocates push to change TN Constitution, adding broad protections for victims during court proceedings

A group of advocates is pushing Tennessee lawmakers to change the state constitution and add new language to it that would establish certain guarantees and protections for victims of crimes as their cases proceed through the court system.

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Advocates for "Marsy's Law" have been working to amend several states' constitutions to add the new language. Tennessee's proposal would add 13 specific guarantees and protections, listed below. 

1.  The right to be treated with fairness for the victim's safety and dignity;
2.  The right, upon request, to reasonable notice of all public criminal proceedings and all public juvenile delinquency proceedings involving the accused;
3. The right to be present at all public criminal proceedings and all public juvenile delinquency proceedings involving the accused;
4. The right upon request to be heard in any proceeding involving release, plea, sentencing, disposition, and parole, as well as any public proceeding when relevant during which a right of the victim is implicated;
5. The right to be heard and informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender;
6. The right to be free from harassment, intimidation, and abuse throughout the criminal justice system, including reasonable protection, as defined by the General Assembly, from the accused or any person acting on behalf of the accused;
7. The right, upon request, to reasonable notice of any release, transfer, or escape of the accused or convicted person;
8. The right to full and timely restitution from the offender;
9. The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence; 
10. The right to be informed of the minimum sentence the offender will serve in custody and the scheduled release date;
11. 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;
12. The right, upon request, to confer with the prosecution;
13. The right to be fully informed of all rights afforded to crime victims.

David Toney said he was 25 years old when his dad was carjacked and kidnapped in Kentucky. His father, Tom Toney, was found shot and killed 33 days later. 

"At that time, I knew my dad was no longer alive," David said. "He was pistol-whipped from behind and thrown into the van."

His killer was eligible for parole in 2020, but his plea to be released from prison failed. Later, Kentucky's board of parole made policy changes that made the killer eligible again. 

However, he stayed behind bars. David said it was partly because of Marsy's Law.

"Because Marsy's Law was able to help fight it legally. If not, we wouldn't have had a leg to stand on," he said. 

He is among the group of advocates working to bring the legislation to Tennessee. Supporters say that it would make sure victims of crimes have the same constitutional protections and guarantees that accused criminals do.

They say it is meant to make sure victims have access to information about their cases and those of their loved ones, and would make sure they are treated fairly in court.

The proposal has already passed in the Tennessee Senate, and it is headed to the House Finance, Ways, and Means Committee on April 14. 

If it passes both chambers,  it will then be able to be put on the ballot for a popular vote.

Before amending the state constitution, proposals must also get more "yes" votes than "no" votes in the popular vote, and the number of "yes" votes must be a majority of the total votes in the previous gubernatorial election.