This document summarizes Marsy's Law and resources available to crime victims in California. It outlines specific victim rights added to the state constitution including the right to be notified of criminal proceedings, make impact statements at sentencing, and receive restitution. It provides contact information for the District Attorney's victim services bureau and information on victim compensation programs that can help pay for expenses like medical bills and counseling.
This document summarizes Marsy's Law and resources available to crime victims in California. It outlines specific victim rights added to the state constitution including the right to be notified of criminal proceedings, make impact statements at sentencing, and receive restitution. It provides contact information for the District Attorney's victim services bureau and information on victim compensation programs that can help pay for expenses like medical bills and counseling.
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This document summarizes Marsy's Law and resources available to crime victims in California. It outlines specific victim rights added to the state constitution including the right to be notified of criminal proceedings, make impact statements at sentencing, and receive restitution. It provides contact information for the District Attorney's victim services bureau and information on victim compensation programs that can help pay for expenses like medical bills and counseling.
Copyright:
Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOC, PDF, TXT or read online from Scribd
Marsys Card and Resources California Constitution, Article I, Section 28(b) In order to preserve and protect a victims rights to justice and due process, a victim shall be entitled to the follo ing rights! "# $o be treated ith fairness and respect for his or her privac% and dignit%, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process# 2# $o be reasonabl% protected from the defendant and persons acting on behalf of the defendant# &# $o have the safet% of the victim and the victims famil% considered in fi'ing the amount of bail and release conditions for the defendant# (# $o prevent the disclosure of confidential information or records to the defendant, the defendants attorne%, or an% other person acting on behalf of the defendant, hich could be used to locate or harass the victim or the victims famil% or hich disclose confidential communications made in the course of medical or counseling treatment, or hich are other ise privileged or confidential b% la # )# $o refuse an intervie , deposition, or discover% re*uest b% the defendant, the defendants attorne%, or an% other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of an% such intervie to hich the victim consents# +# $o reasonable notice of and to reasonabl% confer ith the prosecuting agenc%, upon re*uest, regarding the arrest of the defendant if ,no n b% the prosecutor, the charges filed, the determination hether to e'tradite the defendant, and upon re*uest, to be notified of and informed before an% pretrial disposition of the case# -# $o reasonable notice of all public proceedings, including delin*uenc% proceedings, upon re*uest, at hich 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# $o be heard, upon re*uest, at an% proceeding including an% delin*uenc% proceeding, involving a post.arrest release decision, plea, sentencing, post.conviction release decision, or an% proceeding in hich a right of the victim is at issue# /# $o a speed% trial and a prompt and final conclusion of the case and an% relating post.judgment proceedings# "0# $o provide information to a probation department official conducting a pre.sentence investigation concerning the impact of the offense on the victim and the victims famil% and an% sentencing recommendations before the sentencing of the defendant# ""# $o receive, upon re*uest, the pre.sentence reports hen available to the defendant, e'cept for those portions made confidential b% la # "2# $o be informed, upon re*uest, 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 b% the defendant from custod%# "&# $o restitution# A# It is the une*uivocal intention of the 1eople of the State of California that all persons ho suffer losses as a result of criminal activit% shall have the right to see, and secure restitution from the persons convicted of the crimes causing the losses the% suffer# 2# 3estitution shall be ordered from the convicted rongdoer in ever% case, regardless of the sentence or disposition imposed, in hich a crime victim suffers a loss# C# All monetar% pa%ments, monies, and propert% collected from an% person ho has been ordered to ma,e restitution shall be first applied to pa% the amounts ordered as restitution to the victim# "(# $o the prompt return of propert% hen no longer needed as evidence# ")# $o be informed of all parole procedures, to participate in the parole process, to provide information to the parole authorit% to be considered before the parole of the offender, and to be notified, upon re*uest, of the parole or other release of the offender# "+# $o have the safet% of the victim, the victims famil%, and the general public considered before an% parole or other post.judgment release decision is made# "-# $o be informed of the rights enumerated in paragraphs (") through ("+)# A victim, the retained attorne% of a victim, a la ful representative of the victim, or the prosecuting attorne% upon re*uest of the victim, ma% enforce the above rights in an% trial or appellate court ith jurisdiction over the case as a matter of right# $he court shall act promptl% on such a re*uest# (Cal#Const#, art# ",4 28(c)("))
THE VICTIMS BILL OF RI HTS ACT OF !""#
Marsys Card and Resources To $ro%ide %ic&ims 'i&h ri(h&s &o )us&ice and due $rocess 6n 7ovember (, 2008, the 1eople of the State of California approved 1roposition /, the 8ictims 2ill of 3ights Act of 2008! 9ars%s :a # $his measure amended the California Constitution to provide additional rights to victims# $his card contains specific sections of the 8ictims 2ill of 3ights and resources# Crime victims ma% obtain additional information regarding 9ars%s :a and local 8ictim ;itness Assistance Center information b% contacting the Attorne% <enerals 8ictim Services =nit at ".8--.(&&./0+/# A >victim? is defined under the California Constitution as >a person ho suffers direct or threatened ph%sical, ps%chological, or financial harm as a result of the commission or attempted commission of a crime or delin*uent act# $he term >victim? also includes the persons spouse, parents, children, siblings, or guardian, and includes a la ful representative of a crime victim ho is deceased, a minor, or ph%sicall% or ps%chologicall% incapacitated# $he term >victim? does not include a person in custod% for an offense, the accused, or a person hom the court finds ould not act in the best interests of a minor victim# (Cal#Const#, art# ",4 28(e)#) LocalResources San Bernardino Coun&y *is&ric& A&&orneys Bureau o+ Vic&im Ser%ices. ($o re*uest notice and confer ith the prosecuting agenc% regarding the charges filed@ to be informed before an% pretrial disposition of the case@ information on the right to be heard at an% court hearing@ assistance ith restitution claims@ direction In obtaining domestic violence restraining orders@ and assistance in appl%ing for 8ictims of Crime CompensationA) San 2ernardino Central 5ivision! /0/.&8-.+)(0 3ancho CucamongaBContana 5ivision! /0/./().(2(" Digh 5esert 5ivision! -+0.))2.+/($he 5istrict Attorne% ;ebsite! #sbcount%da#org $o $rac, Court Case Status! San 2ernardino Count% Courts ;ebsite! #sbcount%#govBcourts Cali+ornia S&a&e'ide and ,a&ional Resources $he follo ing are some of the resources available to victims and their families# $his is not an e'haustive list# $he Attorne% <eneral offers these references for informational purposes onl%! California Attorne% <enerals 8ictim Services =nit ".8--.(&&./0+/ #ag#ca#govBvictimservices California 5epartment of Corrections and 3ehabilitation, 6ffice of 8ictim E Survivor 3ights E Services ".8--.2)+.+8-#cdcr#ca#govBvictimFservices 3ape, Abuse, Incest, 7ational 7et or, ".800.+)+.D61G http!BB #rainn#orgB California 1artnership to Gnd 5omestic 8iolence ".800.)2(.(-+) #cpedv#org 8ictims of Crime 3esource Center, 1acificB9c<eorge School of :a #"800victims#org ".800.8(2.8(+7ational Center Cor 8ictims of Crime ".800.&/(.22)) #ncvc#orgBnational 7ational 5omestic 8iolence Dotline ".800.-//.-2&& #ndvh#org 7ational Duman $raffic,ing 3esource Center Dotline H 2(.hour hotline for reporting tips, contacting local anti.traffic,ing services and re*uesting information . #traffic,ingresourcenter#org ".888.&-&.-888 9A55 (9others Against 5run, 5riving) /0/.888.+2&& #madd#org San 2ernardino Count% 2."." Service . Information and referral services 2"" 8ictim Information and 7otification Gver%da% (8#I#7#G#) ".8--.("".))88 Cor information regarding inmate release . #vinelin,#com Vic&im Com$ensa&ion -ro(ram Hel$ +or %ic&ims. o+/ .Assault .5run, 5riving .Se'ual Assault .Child Abuse .Domicide .8ehicular 9anslaughter .5omestic 8iolence .3obber% .Duman $raffic,ing 0ha& $o&en&ially can &he Vic&im Com$ensa&ion -ro(ram hel$ $ay +or1 .9edical and dental bills .Cuneral Costs .9ental health counseling .Crime scene cleanup .:oss of Income .3elocation Cor more information contact %our local 8ictim ;itness Assistance Center or! Vic&im Com$ensa&ion and o%ernmen& Claims Board/ ".800.---./22/ #victimcompensation#ca#gov A&&orney enerals Vic&im Ser%ices 2ni&/ ".8--.(&&./0+/ A$he definition of victim under the 8ictim Compensation 1rogram ma% differ from the definition under the California Constitution 8ictim Services =nit 9a% "&, 20"&