Proposed amendment on November ballot would broaden rights for Tennessee crime victims

NASHVILLE, Tenn. (WZTV) — Next month, Tennesseans will vote on whether to expand crime victims’ rights through an amendment to the state’s Constitution.

But there is debate over how much it could cost taxpayers and whether it could prolong criminal cases.

Supporters of Amendment 3 say it would strengthen existing constitutional protections for crime victims and add new ones.

Opponents warn of potentially high costs to taxpayers and possible delays in the criminal justice system..

Amendment 3 would strengthen victims’ rights and add new rights.

Verna Wyatt, co-founder of Tennessee Voices for Victims.

We need to ensure that victims have every right possible that they can,” Wyatt said.

Among the rights outlined in the amendment are the right, upon request, to reasonable notice of all public criminal proceedings and the right to be heard in proceedings involving release, pleas, sentencing, disposition and parole.

While Tennessee already has laws protecting crime victims, state Rep. Elaine Davis, R-Knoxville, says Amendment 3 would make additional protections constitutional requirements that courts must uphold.

“What this does is, it puts it into our Constitution so that everyone knows where we stand,” Davis said.

State Sen. Heidi Campbell, D-Nashville, says she supports expanding victims’ rights, but passing Amendment 3 could come with downsides.

“This is a giant unfunded mandate on local taxpayers who will be on the hook,” Campbell said.

The executive director of Tennessee’s Fiscal Review Committee says the cost of implementing the amendment has not been determined and cannot currently be calculated.

“Fiscal Review follows its longstanding practice of reflecting only publication costs in fiscal notes for constitutional amendment resolutions,” said the executive director in a statement.

Meaning what was reflected in the fiscal note of $9,400 is publication costs of the amendment to appear on the ballot and sample ballot.

But how much implementation cost is unclear in Tennessee, although there are references to other states.

“It’s more of a problem because we don’t know where the money is coming from,” Campbell said.

The ACLU says,

“A fiscal note by North Carolina’s Administrative Office of the Courts estimated that Marsy’s Law would cost $16.4 million to implement and an additional $30.5 million each year after. “

It’s hard to really put a cost on the life of someone,’ said Davis.

“It’s ridiculous. It’s like they’re gagging at a gnat and swallowing a camel,” said Verna in reference to the cost argument.

The ACLU has also raised concerns that additional requirements involving victims’ rights could slow down criminal proceedings.

The organization also worries that someone accused of a crime could be treated as though they’re already guilty before a trial takes place if victims’ rights are expanded.

“The criminal has all of the rights and victims have very few,” said Wyatt.

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That list of expanded rights for Constitutional Amendment 3 includes:

• Confer with the prosecution
• Be free from intimidation, harassment and abuse throughout the criminal justice system
• Be present at all proceedings where the defendant has the right to be present
• Be heard, when relevant, at all critical stages of the criminal justice process as defined by the General Assembly
• Be informed of all proceedings, and of the release, transfer or escape of the accused or convicted person
• A speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence
• Restitution from the offender
• Be informed of each of the rights established for victims

You can vote November 3rd.