Marsy’s Law Is on the Ballot; Voters Will Decide Whether it Goes on the Books

There will be six constitutional a­­­mendments on the ballot this November. One of them, S.L. 2018-110 (H 551), expands the constitutional rights of crime victims. Voters will be asked to vote for or against a “Constitutional amendment to strengthen protections for victims of crime; to establish certain absolute basic rights for crimes; and to ensure the enforcement of these rights.” If House Bill 3, ratified yesterday, becomes law no additional explanation of the amendment will appear on the ballot, though the Constitutional Amendments Publication Commission will prepare an explanation of the amendment at least 75 days before the election. If you just can’t wait that long to learn more about the amendment and its effect on existing law, this post is for you.  The law as it stands. ­­­North Carolina’s constitution already provides certain rights to crime victims. In 1996, voters approved the addition of “Section 37. Rights of victims of crime” to Article I of the North Carolina Constitution. That section enumerates several “basic rights” for victims of crimes, leaving it to legislators to prescribe by statute the types of victims and crimes covered. Notwithstanding these provisions, North Carolina is one of several states in which the advocacy group Marsy’s Law for All has advocated for constitutional change. What is Marsy’s Law? Marsy’s Law is the colloquial name for the Victim’s Bill of Rights that was added to the California state constitution in 2008 and for similar amendments proposed and enacted to other state constitutions. The California amendment was backed by Henry Nicholas, the co-founder [...]