SPRINGFIELD—Following the House’s lead, the Illinois Senate Thursday unanimously approved putting a proposed amendment to the Illinois Constitution before voters this fall that would increase crime victim rights.
The measure, which passed 59-0, would strengthen victims’ existing constitutional rights to be notified about court hearings, granted time to tell the court about the impact of the crime, obtain a hearing before their confidential court records are opened and be given standing to appeal court decisions that impact their rights.
The constitution now provides those rights but doesn’t give victims with any means to enforce them, which advocates say has resulted in victims’ rights often being ignored.
“I think HJRCA1 restores this balance in Illinois,” said Sen. Heather Steans, D-Chicago, the amendment’s lead Senate sponsor. “We can’t always stop violence or erase pain it causes to victims, but we can make sure, at least today, that their dignity and respect [are] honored during the criminal-justice process.”
In a statement, Senate President John Cullerton, D-Chicago, echoed Steans.
“Because of this amendment, victims across the state may be given more opportunities to secure a sense of justice and closure,” he said.
The amendment was opposed by the Illinois State Bar Association and defense lawyers but backed by Attorney General Lisa Madigan and an assortment of victims groups, including the Illinois Coalition Against Sexual Assault.
The amendment will appear on the Nov. 4 ballot. To pass, either three-fifths of those voting on the question or a majority of those voting in the election must approve.
The amendment, dubbed “Marsy’s Law,” got its namesake from Marsy Nicholas, a California college student who was stalked and murdered by her ex-boyfriend in 1983. A week after her funeral, her family saw the accused murderer at their supermarket after he had posted bail. Her killer was later sentenced to life in prison, with the possibility of parole, but later died behind bars.
