ABOUT MARSY’S LAW FOR IDAHO
- Senate Joint Resolution 103 is intended to ensure victims and their families are afforded equal constitutional rights as the accused or convicted
- It will give victims a voice throughout the justice process
- It defines a victim of crime
- The joint measure outlines the rights of crime victims to:
- Be treated with fairness, respect, dignity and privacy
- To timely disposition of the case
- To reasonable and timely prior notification of trial court, appellate, post-conviction and parole proceedings
- To, upon request, be informed of sentencing, incarceration, probation, escape, and release
- To be present at all criminal justice proceedings
- To confer with the prosecution
- To be heard prior to acceptance of matters such as a plea of guilty, sentencing, parole, parole discharge, incarceration, probation, commutation, pardon, post-arrest and post-conviction, release, and any proceeding during which the right of the victim is implicated
- To receive relevant reports or records used in sentencing
- To full and timely restitution
- Reasonable protection from the accused and those acting on behalf of the accused
- It does not authorize a court to dismiss a case
ABOUT THE PROCESS
- SJR 103 requires 2/3 majority support by members of both the Idaho State Senate and the Idaho House of Representatives.
- If successful, SJR 103 will appear on the ballot for vote by the people of Idaho during the next general election where it needs a simple majority to pass.
WHERE HAS MARSY’S LAW ALREADY PASSED?Efforts to provide elevated victims’ rights are underway in a number of states. To date, Marsy’s Law has passed in:
- North Dakota
- South Daokota
- This joint resolution has been part of a collaborative process. This resolution is a product of a collaboration between victims’ advocates, prosecutors, sheriffs and attorneys.
Status of Victims’ Rights In Idaho
A state Constitutional Amendment for Victims’ Rights was passed in November, 1994. The amendment was passed by 79% of voters.
- To learn more about your rights in Idaho, please visit the National Crime Victim Law Institute (NCVLI) by clicking here.
Violent Crime In Your State: Did You Know?
Did you know, according to the Federal Bureau of Investigation’s (FBI) most recent “Crime in the United States” report, that in the state of Idaho there were:
- 3,498 violent crimes committed in 2013.
- 27 murders and non-negligent manslaughters committed in 2013.
- 655 rapes committed in 2013.
- 220 robberies committed in 2013.
- 2,596 aggravated assaults committed in 2013.
Source: Crime in the United States, By State, 2013, Federal Bureau of Investigation website.