Orlando Sentinel

Florida is one

- By Adam C. Smith

of 15 states that does not enumerate victims’ rights in its constituti­on. But that might change soon, as a newly created crime victim’s group launches a campaign to change things.

TAMPA — A newly created crime victim’s group, Marsy’s Law for Florida, is launching a campaign to codify in the state constituti­on specific rights for crime victims.

Pasco County Sheriff Chris Nocco and state Sen. Lauren Book, D-Plantation, plan to submit language for the Florida Constituti­on Revision Commission to place on the 2018 ballot.

Florida is one of 15 states that does not enumerate victims’ rights in its constituti­on, and since California in 2008 enacted Marsy’s Law, the California Victims’ Bill of Rights Act of 2008, several states have followed suit.

Marsy’s Law is named after Marsalee “Marsy” Nicholas, of California, who was stalked and killed by her ex-boyfriend in 1983. A week after her death, Marsy’s mother and brother, Henry Nicholas, walked into a grocery store and saw the accused killer who had been released on bail unbeknowns­t to the victim’s family.

Nicholas, a tech billionair­e, has been leading the effort to expand Marsy’s Law throughout the country, succeeding so far in California, Montana, North Dakota, South Dakota and Illinois.

In other states critics have called it a potentiall­y costly unfunded mandate and warned that poorly written initiative­s could lead to unintended consequenc­es.

The rights advocates want in Florida’s constituti­on include:

informing victims and their families about their rights and the services available to them,

Giving them the right to receive notificati­on of proceeding­s and major developmen­ts in a criminal case,

protecting their safety by notifying them in a timely manner regarding changes to the offender’s custodial status,

allowing victims and their families to exercise their right to be present — and heard — at court proceeding­s,

providing input to the prosecutor before a plea agreement is finalized; and

establishi­ng the right to restitutio­n from the convicted.

“My first priority as Sheriff of Pasco County is to prevent crime and keep our citizens safe,” Nocco said. “When a crime is committed, the rights of the victim should be equal to the rights of the accused. This seems like common sense, but in Florida today, victims’ rights are not guaranteed.

“I’m bringing this language before the CRC because I believe my fellow commission­ers and the citizens of Florida agree that victims of crimes should be treated fairly, with dignity and the same Constituti­onal rights as the accused,” he said.

Sen. Book, a victim of sexual abuse as a child, founded Lauren’s Kids, a nonprofit dedicated to preventing sexual abuse through education and awareness and to support survivors.

“I’ve spent my life advocating for victims’ rights, and I’m proud to support Marsy’s Law,” Book said. “The pain a victim suffers in the aftermath of a crime is hard enough without being revictimiz­ed by the criminal justice system. Marsy’s Law will give each victim the promise of having their voice heard.”

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