Marsy's Law enacted in Ohio Constitution

Introduced in 2021, Gov. Mike DeWine signed Substitute House Bill 343 in January. As of Thursday, April 6, the Ohio Constitution was amended to include rights of a victim. Ohioans passed Marsy's Law in November 2017, making Ohio the sixth state to enact laws protecting victims. Named after Marsalee "Marsy" Nicholas, who was stalked and killed by her ex-boyfriend in 1983, the law seeks to give crime victims meaningful and enforceable constitutional rights equal to the rights of the accused, according to their website marsyslaw.us. Marsy's Law states that all victims are entitled to be treated with dignity and respect throughout criminal justice proceedings, be notified of their rights as a victim and be notified of specific public proceedings throughout the criminal justice process and be present and heard during those proceedings. Sub. H.B. 343 states a pamphlet prepared by the attorney general contains a compilation of all constitutional provisions and statutes related to victim rights and made available to all sheriffs, marshalls, police departments, prosecutors, city law directors and more. The bill of rights set forth in the pamphlet also includes a description of all rights of the victim provided in the Ohio Constitution. The law also states victims, family members or the dependents must receive the pamphlet upon the first contact, or by the second contact if one is anticipated. If a pamphlet is not supplied, it will be mailed by the agency. Set forth in the new law, victims and victim representatives have the right to attend any court proceedings, including before a grand jury, obtain court orders to prevent intimidation and receive notice of any pending motions of release or early release of the person who committed the offense. Victims also must be notified of any pending pardon, parole or other forms of authorized release. Victims can also start a civil action suit to recover compensatory damages not exceeding $10,000 and costs from the parent of a minor who willfully and maliciously assaults a person. Victims of domestic violence, including in a dating relationship, can seek a civil protection order and victims of a violation of a municipal ordinance or a violent offense from a family or household member can seek a temporary protection order. Both victims have the right to be accompanied by a victim advocate during court proceedings. Victims of sexually-oriented offenses, including child-victim offenses, that a person is convicted of, must be notified the person has registered with a sheriff and must be notified of the person's name, residence, school or higher education institution, place of employment address or addresses. Victims can access an offender's custody information by using the Victim Information Notification Everyday system, referred to as VINE. To access the information, victims can call 1-800-770-0192, visit vinelink.com and download the VINEmobile app. By creating an account, victims and victim representatives are able to sign up for notifications about custody statuses on an offender. Victims are also able to search for individuals, look up registrations, find service providers and receive guidance. Notifications can also be made by email, telephone or text message. An online version of the pamphlet, containing additional information for victims, can be found on ohioattorneygeneral.gov, under the "Publications" tab and under "Victims".