Marsy's Law: Victims’ Bill of Rights

1. To be treated with fairness and respect and to be free from intimidation, harassment and abuse throughout the criminal or juvenile justice process.

2. To be reasonably protected from the defendant and persons acting on behalf of the defendant.

3. 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. 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. 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 consents.

6. To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding the arrest of the defendant, the charges filed, and the determination whether to extradite the defendant; upon request, to be notified of and informed before any pretrial disposition of the case. 

7. To reasonable notice of all public proceedings, including juvenile delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present; and to notice of all parole or other post-conviction release proceedings; and to be present at all such proceedings.

8. To be heard, upon request, at any proceeding, including a juvenile delinquency proceeding, involving a post-arrest release decision, a plea, sentencing, a post-conviction release decision, or any proceeding in which a right of the victim is an issue. 

9. To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings. 

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 defendant.

11. To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law. 

12. 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 escape by the defendant from custody. 

13. Restitution is already an existing victim right in the California Constitution. Proposition 9 eliminates the authority of the court to refuse to order victim restitution. Requires that all monetary payments, monies, and property collected from any person who has been ordered to make restitution be first applied to pay restitution (i.e., and not fines or fees).

14. To the prompt return of property when no longer needed as evidence.

15. To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority, and to be notified, upon request, of the parole or other release of an offender. 

16. 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. To be informed of all 16 of the above rights.

— Information courtesy Nevada County District Attorney’s Office