Constitutional Amendment #3
Proposes expanding victims' rights in the state constitution.
Ballot Measure Details
How things work now:
The constitution already lists certain rights for crime victims, added by an amendment voters approved in 1998.
What the amendment would do:
It would replace that section with an expanded list of victims' rights, including: fair treatment; notice of and participation in criminal and juvenile proceedings; participation in parole proceedings; protection from harassment and intimidation; notice of an offender's release or escape; restitution; a speedy resolution of the case; and the right to be told the minimum sentence an offender will serve and the scheduled release date. It would also require that the safety of the victim, the victim's family, and the public be considered before certain parole or release decisions.
A YES vote would add these expanded victims' rights to the state constitution.
A NO vote would keep the current, shorter list of victims' rights already in the constitution.
Supporters say:
Victims deserve clear, enforceable constitutional rights and better notice and participation in the process, on par with the attention given to the accused.
Opponents say:
The broad language - especially around victim privacy - could limit public access to information and, some defense groups argue, complicate the due-process rights of the accused.
Read full official ballot language
This amendment changes Article I, section 35 of the Tennessee Constitution by clarifying existing rights for crime victims and adding new rights. The amendment gives victims new rights: to fair treatment; to be informed about and participate in the parole process; to be protected from harassment, intimidation, and abuse; to be informed of the minimum sentence the convicted criminal will serve, as well as their scheduled release date; and to have their safety, their family’s safety, and the public’s safety taken into account before any decision is made to release the convicted criminal. The amendment also maintains or clarifies victims’ existing rights: to be informed about legal proceedings involving the accused or convicted criminal; to be present at public criminal proceedings; to be informed of any release, transfer, or escape of the accused or convicted criminal; to talk to prosecutors; to make statements about conviction, sentencing, or release of the accused person; to a speedy resolution of the case; to restitution from the convicted criminal; and to be informed of their rights. The amendment does not restrict the powers of prosecutors or courts and does not create a cause of action or claim for damages against the State of Tennessee.