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State Victims' Rights Amendments

Tennessee

On February 1, 2023, amendment HJR 94 (Marsy's Law) was introduced to add additional rights to the Tennessee Constitution. The House of Representatives adopted HJR94, as amended, on April 21, 2023. On Feb. 12, 2024, HJR 94 was passed by the full state Senate and will now have to be passed by a two-thirds majority in the 2025 or 2026 legislative sessions in order to appear on a statewide referendum.

HOUSE JOINT RESOLUTION 94

Section 35. That to preserve and protect the rights of victims of crime to justice and due process throughout the criminal and juvenile justice systems, a victim, as defined by law and which may be expanded by the General Assembly, shall have the following rights, which shall be protected:

  1. The right to be treated with fairness for the victim's safety and dignity;

  2. The right, upon request, to reasonable notice of all criminal public proceedings and all juvenile delinquency proceedings involving the accused;

  3. The right to be present at all public criminal proceedings and all public juvenile delinquency proceedings involving the accused;

  4. 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;

  5. 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;

  6. 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;

  7. The right, upon request, to reasonable notice of any release, transfer, or escape of the accused or convicted person;

  8. The right to full and timely restitution from the offender;

  9. The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence;

  10. The right to be informed of the minimum sentence the offender will serve in custody and the scheduled release date;

  11. 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;

  12. The right, upon request, to confer with the prosecution; and

  13. The right to be fully informed of all rights afforded to crime victims.

A victim may assert the rights enumerated in this section, not as a party, but in the manner further provided by the General Assembly protecting the victim's right to standing. The General Assembly has the authority to enact substantive and procedural laws to further define, implement, preserve, and protect the rights guaranteed to victims by this section. This section must be interpreted to preserve and protect the rights of all persons to due process. Nothing in this section or any law enacted under this section shall be construed as creating a basis for vacating a conviction. Nothing in this section shall restrict the powers of the District Attorney General or the inherent authority of the court.

Other than as provided in the preceding paragraph, this section does not create any cause of action or claim for damages against the state or any political subdivision of the state; any officer, employee, or agent of the state or of any of its political subdivisions; or any officer or employee of the court.

  • A state Constitutional Amendment for Victims' Rights was passed in November, 1998.
  • The amendment was passed by 89% of voters.

Amendment Text:

The amendment added the following language to Article 1 of the Constitution as a new section:

To preserve and protect the rights of victims of crime to justice and due process, victims shall be entitled to the following basic rights:

  1. The right to confer with the prosecution.
  2. The right to be free from intimidation, harassment and abuse throughout the criminal justicesystem.
  3. The right to be present at all proceedings where the defendant has the right to be present.
  4. The right to be heard, when relevant, at all critical stages of the criminal justice process as defined by the General Assembly.
  5. The right to be informed of all proceedings, and of the release, transfer or escape of the accused or convicted person.
  6. The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence.
  7. The right to restitution from the offender.
  8. The right to be informed of each of the rights established for victims.

The General Assembly has the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section.

BE IT FURTHER RESOLVED, That the General Assembly has the authority to enact laws to provide that a judge, attorney for the state, law enforcement officer or law enforcement agency is not liable for a failure or inability to provide a right enumerated in this section.

BE IT FURTHER RESOLVED, That the failure or inability of any person to provide a right or service enumerated in this section may not be used by a defendant in a criminal case as a ground for appeal, new trial, post-conviction relief or habeas corpus nor shall it be construed to authorize a court to set aside, reverse, vacate or void a finding of guilt, or an acceptance of a plea of guilty in any criminal case.

BE IT FURTHER RESOLVED, That nothing in this section shall be construed as creating a cause of action for money damages against the state, a county, a municipality, or any of the agencies, instrumentalities, or employees thereof. The General Assembly has the authority to provide for other remedies to ensure adequate enforcement of this section.


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