LEGISLATIVE ACTION ITEM
SPONSOR: City Council President Gerald Wingate
SUBJECT:
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RESOLUTION NO. 18-47 - SUPPORT FOR MARSY’S LAW - A VICTIMS’ RIGHTS AMENDMENT TO THE FLORIDA CONSTITUTION.
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RECOMMENDATION:
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That City Council adopt Resolution No. 18-47:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PENSACOLA, FLORIDA IN SUPPORT OF MARSY’S LAW - A VICTIMS’ RIGHTS AMENDMENT TO THE CONSTITUTION OF THE STATE OF FLORIDA
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HEARING REQUIRED: No Hearing Required
SUMMARY:
Marsy’s Law is a proposed amendment to the Florida Constitution which addressed Victims’ Rights.
Marsy’s Law for Florida states that the measure would provide crime victims, their families, and their lawful representatives with the following rights:
- A right to due process and to be treated with fairness and respect;
- A right to be free from intimidation, harassment, and abuse;
- A right to be protected, within reason, from the accused and persons acting on behalf of the accused;
- A right to have the victim’s welfare considered when setting bail, including setting pretrial release conditions;
- A right to prevent the disclosure of information that could be used to locate or harass the victim or which could disclose confidential or privileged information of the victim;
- A right to the prompt return of the victim’s property when no longer needed as evidence in the case;
- A right to full and timely restitution from each convicted offender for all losses suffered;
- A right to proceedings free from unreasonable delay; and
- A right to be informed of the constitutional rights afforded to the victim.
The measure would also provide crime victims with specific right when requested, including:
- a right to reasonable, accurate, and timely notice of public proceedings involving the criminal conduct and to be present at proceedings;
- a right to reasonable, accurate, and timely notice of any release or escape of the defendant;
- a right to be heard in public proceedings involving pretrial, other release from legal constraints, plea, sentencing, adjudication, or parole;
- a right to confer with the prosecuting attorneys concerning plea agreements, pretrial diversion programs, release, restitution, sentencing, or other dispositions of the case;
- a right to provide information regarding the impact of the offender’s conduct on the victim to (a) the individual responsible for conducting the presentence investigation and (b) the court;
- a right to receive the presentence report and other reports relevant to the exercise of a victim’s right, except for such portions made confidential;
- a right to be informed of the conviction, sentence, adjudication, place and time of incarceration, or other disposition of the convicted offender, the scheduled release date of the offender, and the release of or the escape of the offender;
- a right to be informed of all post-conviction processes and procedures and to participate in such processes and procedures;
- a right to provide information to the release authority to be considered before a release decision is made and be notified of release decisions;
- a right to be informed of clemency and expungement procedures and to provide information to authorities in these procedures.
The measure defines victim 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 or against whom the crime or delinquent act is committed.
This amendment is found in Amendment 6 and is bundled with two (2) other proposed Constitutional Amendments.
PRIOR ACTION:
None
FUNDING:
N/A
FINANCIAL IMPACT:
None
STAFF CONTACT:
Don Kraher, Council Executive
ATTACHMENTS:
1) Resolution No. 18-47
PRESENTATION: No