House Sends 'Marsy's Law' Victims-Rights Amendment to Voters | Eastern North Carolina Now

    Publisher's note: The author of this post is Dan Way, who is an associate editor for the Carolina Journal, John Hood Publisher.

    The House resoundingly approved House Bill 551 on a 107-9 vote, clearing the way for the constitutional amendment strengthening victims' rights to go on the Nov. 6 general election ballot for voter approval.

    Debate on the so-called Marsy's Law was sharp during the late afternoon Tuesday, June 26, floor action. Republicans defended it as much-needed protection for crime victims and their families, who can get lost in the complex and frenzied judicial system. Democrats said there would be high costs and unintended consequences. Democrats called for strengthening laws rather than enshrining the measure in the state constitution.

    The Senate approved the bill Monday by 45-1 vote.

    Rep. Marcia Morey, D-Durham, a former prosecutor and district court chief judge, said she believes victims' rights should be paramount. But she thinks adding them to the constitution is a step too far. Other states that have implemented Marsy's Law are finding "it is a monkey wrench into our system of justice." The state should embolden victims' rights with stronger statutes, she said.

    Rep. Nelson Dollar, R-Wake, said bill sponsors spent two years working with current and former district attorneys, former state Supreme Court justices, the Administrative Office of the Courts, and the state sheriff's association to write the legislation.

    Marsy's Law expands the number and types of crimes that trigger victims' rights. It strengthens notification of rights, services available, and an explanation of how the system works. It allows victims to hire their own attorney, requires victims to be notified of court proceedings and major developments in a case, protects them by informing them in a timely manner when a defendant escapes or is released from custody, and allows victims and families to be present and heard at court proceedings.

    Dollar said there has been a great deal of ambiguity regarding those elements. District attorneys implement victims' right laws in an inconsistent manner, though he chose not to name problem districts.

    A fiscal note prepared by nonpartisan legislative staff shows there would be no cost to the state through 2020-21 because federal money would be used, Dollar said.

    Morey said there is no guarantee federal money will be available after that. The AOC estimated the cost to implement the law likely would zoom to an average $30 million per year.

    Morey said fair trial considerations should be taken into account. If victims disagree with defendants' sentences, they might decide their constitutional rights were violated because they didn't have a chance to have their own attorney represent their interests, and seek a reversal of the verdict, she said. If a prosecutor can't contact a victim, "do we just stall the train on the tracks, and we don't get justice?"

    While Marsy's Law lets victims hire their own attorneys to represent them at trial, the majority of victims are indigent, Morey said.

    "They won't be on equal standing to say I can now intervene" by hiring a lawyer, she said. Conversely, unscrupulous attorneys might go after victims to solicit work.

    "I just am afraid there are extreme costs that are underestimated, and I think there are extreme, unintended consequences we're not looking at," Morey said.

    "Victims deserve to be treated with dignity and respect," said bill primary sponsor Rep. Destin Hall, R-Caldwell.

    The state constitution now says victims only have rights "as prescribed by law," Hall said. "I don't want my constitutional rights to be subject to the whims of a future General Assembly."

    Rep. Beverly Boswell, R-Dare, said she has been a crime victim, and urged House members to "stand up and fight for those who do not have a word," and feel they don't have rights. "You help these victims, and you turn them into victors."