On November 4, 2008, the people of the State
Victims Bill of Rights - Marsy's Law
The California Constitution, Article 1, Section 28, confers certain rights to victims of crime as they are defined in the law. Those rights include:
1. Fairness and Respect
To be treated with fairness and respect for his or her privacy and dignity, and to be
free from intimidation, harassment, and abuse, throughout the criminal or juvenile
2. Protection from the Defendant
To be reasonably protected from the defendant and persons acting on behalf of the
3. Victim Safety Considerations in Setting Bail and Release Conditions
To have the safety of the victim and the victim's family considered in fixing the
amount of bail and release conditions for the defendant.
4. The Prevention of the Disclosure of Confidential Information
To prevent the disclosure of confidential information or records to the defendant, the
defendant's attorney, or any other person acting on behalf of the defendant, which
could be used to locate or harass the victim
or the victim's family or which disclose
confidential communications made in
the course of medical or counseling
treatment, or which are otherwise privileged or confidential by law.
5. Refusal to be Interviewed by the Defense
To refuse an interview, deposition, or discovery request by the defendant, the
defendant's attorney, or any other person acting on behalf of the defendant, and to
set reasonable conditions on the conduct of any
such interview to which the victim
6. Conference with the Prosecution and Notice of Pretrial Disposition
To reasonable notice of and to reasonably confer with the prosecuting agency, upon
request, regarding, the arrest of the defendant if
known by the prosecutor, the
charges filed, the determination whether to
extradite the defendant, and, upon
request, to be notified of and informed before any pretrial disposition of the case.
7. Notice of and Presence at Public Proceedings
To reasonable notice of all public proceedings, including
upon request, at which the defendant and the
prosecutor are entitled to be present
and of all parole or other
post-conviction release proceedings, and to be present at
all such proceedings.
8. Appearance at Court Proceedings and Expression of Views
To be heard, upon request, at any proceeding, including any delinquency
proceeding, involving a post-arrest release decision, plea,
post-conviction release decision, or any proceeding in which a
right of the victim
is at issue.
9. Speedy Trial and Prompt Conclusion of the Case
To a speedy trial and a prompt and final conclusion of the case and any related
10. Provision of Information to the Probation Department
To provide information to a probation department official conducting a pre-sentence
investigation concerning the impact of the offense on
the victim and the victim's
family and any sentencing recommendations before
the sentencing of the
11. Receipt of Pre-Sentence Report
To receive, upon request, the pre-sentence report when
available to the defendant,
except for those portions made confidential by law.
12. Information About Conviction, Sentence, Incarceration, Release, and Escape
To be informed, upon request, of the conviction,
sentence, place and time of
incarceration, or other disposition of the
defendant, the scheduled release date of
the defendant, and the release of or the escape by the defendant from custody.
A. It is the
unequivocal intention of the People of the State of
persons who suffer losses as a result of criminal activity shall have the right to
seek and secure restitution from the persons convicted of the crimes causing the
losses they suffer.
shall be ordered from the convicted wrongdoer in every case,
regardless of the
sentence or disposition imposed, in which a crime victim
suffers a loss.
C. All monetary payments, monies, and property collected from any person who
has been ordered to make restitution shall be first applied
to pay the amounts
ordered as restitution to the victim.
14. The Prompt Return of Property
To the prompt return of property when no longer needed as evidence.
15. Notice of Parole Procedures and Release on Parole
To be 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
16. Safety of Victim and Public are Factors in parole Release
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.
17. Information About These 16 Rights
To be informed of the rights enumerated in paragraphs (1) through (16)