Voters may be asked to weigh in on victims’ rights

HARRISBURG — The rights of crime victims would be enshrined in the state Constitution under a proposed amendment that could go before the state’s voters later this year, but opponents warn the change has the potential to end up violating the rights of criminal defendants.

The amendment, promoted by a national effort known as Marsy’s Law, and named for a 1983 California murder victim, would enumerate rights for victims that include being notified about all hearings and being allowed to attend them, and the ability to weigh in during plea hearings, sentencings and parole proceedings.

It would also guarantee “a prompt and final conclusion” of the case and postconviction proceedings and the right to full restitution. The amendment passed both legislative chambers unanimously last year. If an identical version passes the House and Senate again before the end of 2020, it will then be up to voters to decide, through a statewide referendum, whether to add it to the constitution.

Republican leaders who have majorities in both chambers have indicated the proposal has wide support and they intend to move it through quickly.

The American Civil Liberties Union is opposed to the amendment, warning it has the potential to bring negative consequences. It’s difficult to predict how judges will respond when victims attempt to enforce their rights under the constitution.