State Victims' Rights Amendments

Arkansas

Arkansas does not have a victims' rights amendment to its Constitution. Senate Joint Resolution 10 ("Marsy's Law" was introduced on Februrary 8, 2023. The measure died in Committee on May 1, 2023. The amendment read:

A CONSTITUTIONAL AMENDMENT TO BE KNOWN AS 15 "MARSY'S LAW"; AND TO PROVIDE RIGHTS FOR 16 VICTIMS OF CRIMINAL OFFENSES OR DELINQUENT ACTS.

BE IT RESOLVED BY THE SENATE OF THE NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ARKANSAS, AND BY THE HOUSE OF REPRESENTATIVES, A MAJORITY OF ALL MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO:

THAT the following is proposed as an amendment to the Constitution of the State of Arkansas, and upon being submitted to the electors of the state for approval or rejection at the next general election for Representatives and Senators, if a majority of the electors voting thereon at the election adopt the amendment, the amendment shall become a part of the Constitution of the State of Arkansas, to wit:

SECTION 1. The Arkansas Constitution is amended to add an additional amendment to read as follows:

§ 1. Title
This amendment shall be known and may be cited as "Marsy's Law."

§ 2. Victim's rights.
(a)(1) As used in this section, “victim” means a person:
      (A) Against whom a criminal offense or delinquent act is committed; or
    (B) Who is directly and proximately harmed by the commission of a criminal offense or delinquent act.
    (2) "Victim" does not include:
      (A) The accused; or
    (B) A person whom the court finds would not act in the best interests of a deceased, incompetent, minor, or incapacitated victim.
(b) To preserve and protect justice for victims and due process throughout the criminal and juvenile justice systems, a victim shall have the following rights which shall be protected in a manner no less vigorous than the rights afforded to the accused:
    (1) To be treated with fairness and respect for the victim’s 16 safety, dignity, and privacy;
    (2) Upon request, to reasonable and timely notice of and to be present at all public proceedings involving the criminal offense or delinquent act;
    (3) To be heard in a public proceeding:
      (A) Involving release, plea, sentencing, disposition, and parole involving the criminal offense or delinquent act; and
      (B) During which a right of the victim is implicated;
    (4) To reasonable protection from the accused or any person acting on behalf of the accused;
    (5) Upon request, to reasonable notice of any release or escape of an accused;
    (6) To refuse an interview, deposition, or other discovery request made by the accused or any person acting on behalf of the accused;
    (7) To full and timely restitution;
    (8) To proceedings free from unreasonable delay and a prompt conclusion of the case;
    (9) Upon request, to confer with an attorney for the government; and
    (10) To be informed of all rights enumerated in this section.
(c)(1) The following may assert, in any trial or appellate court or before any other authority with jurisdiction over the investigation or case, and have enforced, the rights enumerated in this section and any other right afforded to the victim by law:
      (A) The victim;
      (B) The victim's attorney or other lawful representative; or
      (C) The attorney for the government upon request of the victim.
    (2) The court or other authority with jurisdiction shall act promptly on a request under subdivision (c)(1) of this amendment.
(d) This amendment does not create any cause of action for compensation or damages against:
    (1) The State of Arkansas;
    (2) Any political subdivision of the State of Arkansas;
(3) Any officer, employee, or agent of the State of Arkansas or of any of its political subdivisions; or
(4) Any officer or employee of the court.

SECTION 2. EFFECTIVE DATE. This amendment is effective on and after January 1, 2025.

SECTION 3. BALLOT TITLE AND POPULAR NAME. When this proposed amendment is submitted to the electors of this state on the general election ballot:
(1) The title of this Joint Resolution shall be the ballot title; and
(2) The popular name shall be "A Constitutional Amendment To Be Known as "Marsy's Law" and to Provide Rights for Victims of Criminal Offenses or Delinquent Acts."

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