Bonnie Brezina, who serves as the state director of Marsy’s Law for Tennessee, said the state is in a positive position to vote on Marsy’s Law as a constitutional amendment on the statewide ballot in 2026.
If successful, the measure would amend Article I, Section 35 of the Constitution of Tennessee to expand the rights of victims of crime.
The amendment would specifically grant victims of crime in the state the following thirteen rights:
- The right to be treated with fairness for the victim’s safety and dignity;
- The right, upon request, to reasonable notice of all criminal public proceedings and all juvenile delinquency proceedings involving the accused;
- The right to be present at all public criminal proceedings and all public juvenile delinquency proceedings involving the accused;
- The right upon request to be heard in any proceeding involving release, plea, sentencing, disposition, and parole, as well as any public proceeding when relevant during which a right of the victim is implicated;
- The right to be heard and 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;
- The right to be free from harassment, intimidation, and abuse throughout the criminal justice system, including reasonable protection, as defined by the General Assembly, from the accused or any person acting on behalf of the accused;
- The right, upon request, to reasonable notice of any release, transfer, or escape of the accused or convicted person;
- The right to full and timely restitution from the offender;
- The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence;
- The right to be informed of the minimum sentence the offender will serve in custody and the scheduled release date;
- The right 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;
- The right, upon request, to confer with the prosecution; and
- The right to be fully informed of all rights afforded to crime victims.
“Marsy’s Law is a constitutional amendment that’s proposed and it’s supposed to provide enforceable rights for crime victims here in Tennessee,” Brezina said on Monday’s edition of The Michael Patrick Leahy Show.
If not now, when?
It’s time for crime victims in Tennessee to have clear, enforceable rights. Great to hear Bonnie Brezina on @michaelpleahy to discuss Marsy’s Law for Tennessee and National Crime Victims’ Rights Week. pic.twitter.com/T4VXvkd0uC
— Marsy's Law for Tennessee (@MarsysLawforTN) April 22, 2024
Marsy’s Law is named after Marsalee Ann Nicholas (pictured above), a young woman who was stalked and murdered in 1983 by her ex-boyfriend. After his arrest for the murder, the man was released one day later on bail and continued to stalk the Nicholas family – who was not notified by the judicial system of the man’s release.
The amendment, introduced in the Tennessee General Assembly as HJR 94, passed the House unanimously last year and, in February, passed the Senate by a 27-3 vote.
In order for the amendment to become enshrined in the Tennessee Constitution, HJR 94 must pass both the House and Senate in back-to-back legislative sessions by two-thirds votes, and, in that case, be presented to Tennessee voters on the statewide ballot in 2026.
Brezina said Marsy’s Law has been introduced as a constitutional amendment instead of as a statute in order for crime victims to have “enforceable rights” and the right to be provided notification.
“This is a guarantee in the Constitution. You have to do it. It’s not an option. A statute’s just an option,” Brezina added.
Brezina said the odds of the amendment gaining access to the 2026 ballot is “positive,” adding, “If not now, then when?”
“We haven’t had this deep legislation like this in over 25 years. I think it’s just time to toughen it up,” Brezina said.
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Kaitlin Housler is a reporter at The Tennessee Star and The Star News Network. Follow Kaitlin on X / Twitter.
Photo “Marsy Nicholas” and “Crime Victims Memorial Tennessee Capitol” by Marsy’s Law Tennessee.
