'Marsy's Law' Clears Hurdle In Wisconsin Senate

MADISON, WI — A constitutional amendment strengthening and broadening the legal rights of Wisconsin crime victims passed the State Senate Tuesday on a bipartisan 29-4 vote.

Senate Joint Resolution 53, known as “Marsy’s Law,” is scheduled for a vote in the State Assembly on Thursday.

“As a former law enforcement officer and crime victim myself, I know firsthand how overwhelming the criminal justice process can be,” said the amendment’s author, State Sen. Van Wanggaard (R-Racine). “Victims deserve to have a voice in the process. They deserve to know that Wisconsin’s judicial system is giving their rights the same weight as a defendant’s.”

Marsy’s Law updates Wisconsin’s existing crime victims’ rights amendment to reflect the case law and jurisprudence that has developed since the amendment was first adopted in 1993.

Among the rights granted in "Marsy's Law" are the rights to attend and be heard in all proceedings, to full restitution, and to refuse any interview or discovery request. Defendant rights continue to be specifically protected by stating that the victim’s rights do not supersede a defendant’s constitutional rights.

The original Marsy's Law, also known as the the California Victims' Bill of Rights Act of 2008, is prompting similar bills in other states, including Wanggaard's in Wisconsin. The California bill expanded the legal rights of crime victims, granting 17 rights in the judicial process, including the right to legal standing, protection from the defendant, notification of all court proceedings, among other protections.

“All a victim wants is to be treated like a criminal,” Wanggaard said. “Everyone can recite a defendant’s rights, but when it comes to victims, their rights are too often are an afterthought. Not anymore. Victims deserve equal rights.”

"Marsy's Law" has the support of more than 200 groups and individuals involved in the criminal justice process, including prosecutors, law enforcement, legislators, victim advocates and legal experts, according to a news release issued by Wanggaard's office. As a proposed constitutional amendment, the exact resolution will have to pass again during the 2019-21 legislative session.

If the resolution passes in two consecutive legislative sessions, it will be placed before voters for approval.

Marsy’s Law is named after Marsalee “Marsy” Nicholas of California who was stalked and killed by her ex-boyfriend in 1983. Only one week after her death, Marsy’s mother and brother, Henry T. Nicholas, walked into a grocery store where they were confronted by the accused murderer. The family, who had just come from a visit to Marsy’s grave, was unaware that the accused had been released on bail. In an effort to honor his sister, Henry Nicholas made it his life’s mission to give victims and their families constitutional protections and equal rights, acccording to bill supporters.

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