Victims’ Bill of Rights Act of 2008 — Marsy’s Law
On November 4, 2008, the People of the State of California approved Proposition
9, the Victims’ Bill of Rights Act of 2008: Marsy’s Law. This
measure amended the California Constitution to provide additional rights
to victims. This card contains specific sections of the Victims’ Bill
of Rights and resources. Crime victims may obtain additional information:
- Contact:
- Sonoma County Victim Witness Assistance Center
- Phone:
- (707) 565-8250
- Contact:
- Attorney General’s Victim Services Unit
- Phone:
- (877) 433-9069
A ‘victim’ is defined under the California Constitution as “a
person who suffers direct or threatened physical, psychological, or financial
harm as a result of the commission or attempted commission of a crime or delinquent
act. The term ‘victim’ also includes the person’s spouse,
parents, children, siblings, or guardian, and includes a lawful representative
of a crime victim who is deceased, a minor, or physically or psychologically
incapacitated. The term ‘victim’ does not include a person in custody
for an offense, the accused, or a person whom the court finds would not act
in the best interests of a minor victim.” (California Constitution,
article I, § 28(e).)
Victims’ Bill of Rights “Marsy’s Rights” California Constitution, Article I, Section 28(b)
Download a Printable English and Spanish version of Marsy’s Law (PDF: 438 kB)
In order to preserve and protect a victim’s rights to justice and due
- To be treated with fairness and respect for his or her privacy and dignity,
and to be free from intimidation, harassment, and abuse, throughout the criminal
or juvenile justice process.
- To be reasonably protected from the defendant and persons acting on behalf
of the defendant.
- To have the safety of the victim and the victim’s family considered
in fixing the amount of bail and release conditions for the defendant.
- To prevent the disclosure of confidential information or records to the
defendant, the defendant’s attorney, or any other person acting on
behalf of the defendant, which could be used to locate or harass the victim
or the victim’s family or which disclose confidential communications
made in the course of medical or counseling treatment, or which are otherwise
privileged or confidential by law.
- To refuse an interview, deposition, or discovery request by the defendant,
the defendant’s attorney, or any other person acting on behalf of the
defendant, and to set reasonable conditions on the conduct of any such interview
to which the victim consents.
- To reasonable notice of and to reasonably confer with the prosecuting agency,
upon request, regarding, the arrest of the defendant if known by the prosecutor,
the charges filed, the determination whether to extradite the defendant,
and, upon request, to be notified of and informed before any pretrial disposition
of the case.
- To reasonable notice of all public proceedings, including delinquency proceedings,
upon request, at which the defendant and the prosecutor are entitled to be
present and of all parole or other post-conviction release proceedings, and
to be present at all such proceedings.
- To be heard, upon request, at any proceeding, including any delinquency
proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction
release decision, or any proceeding in which a right of the victim is at
issue.
- To a speedy trial and a prompt and final conclusion of the case and any
related post-judgment proceedings.
- To provide information to a probation department official conducting a
pre-sentence investigation concerning the impact of the offense on the victim
and the victim’s family and any sentencing recommendations before the
sentencing of the defendant.
- To receive, upon request, the pre-sentence report when available to the
defendant, except for those portions made confidential by law.
- To be informed, upon request, of the conviction, sentence, place and time
of incarceration, or other disposition of the defendant, the scheduled release
date of the defendant, and the release of or the escape by the defendant
from custody.
- To restitution.
- It is the unequivocal intention of the People of the State of
California that all persons who suffer losses as a result of criminal
activity shall have the right to seek and secure restitution from
the persons convicted of the crimes causing the losses they suffer.
- Restitution shall be ordered from the convicted wrongdoer in every
case, regardless of the sentence or disposition imposed, in which
a crime victim suffers a loss.
- All monetary payments, monies, and property
collected from any person who has been ordered to make restitution
shall be first applied to pay the amounts ordered as restitution to
the victim.
- To the prompt return of property when no longer needed as evidence.
- To be informed of all parole procedures, to participate in the parole process,
to provide information to the parole authority to be considered before the
parole of the offender, and to be notified, upon request, of the parole or
other release of the offender.
- To have the safety of the victim, the victim’s family, and the general
public considered before any parole or other post- judgment release decision
is made.
- To be informed of the rights enumerated in paragraphs (1) through (16).
A victim, the retained attorney of a victim, a lawful representative of the
victim, or the prosecuting attorney upon request of the victim, may enforce
the above rights in any trial or appellate court with jurisdiction over the
case as a matter of right. The court shall act promptly on such a request.
(Constitution, article I, § 28(c)(1).)
Contact Information
- Contact:
- Sonoma County Victim Services Division
A Program of the Sonoma County District Attorney - Address:
- 600 Administration Dr. Rm. 212-J
Santa Rosa, CA 95403
- Phone:
- (707) 565-8250
- More Information:
- Victim Services Division — Overview and Location
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