MISSOULA, Mont. - Montana voters are deciding whether to approve an initiative that would amend the Montana Constitution to establish specific rights for crime victims.
Marsy's Law was named after a California woman who was murdered in the 1980s.
Constitutional Initiative 116 provides 18 rights to victims, including the right to participate in court proceedings, to be notified of major developments, custodial status, the right to restitution and privacy and to be heard at plea agreements, parole and bail hearings.
If approved CI-116 would become effective immediately.
Stephanie Clark is the Missoula field director for Marsy's Law for Montana. She thinks Montana needs this initiative.
"This should be a priority for Montanans," she said, "crime victims rights should be a priority."
Bill Fulbright is the Ravalli County attorney. He opposes the measure.
"This is packaged in a concern for victims rights," he said, "when, in fact, it could negatively impact victims rights."
Clark said Marsy's Law is a bill of rights that ensures crime victims have the same constitutional rights as defendants.
"We want a constitutional amendment and constitutional bill of rights for victims," she said, "to equal the playing field."
She said the bill would require that the courts enforce those rights.
Fulbright said Montana already provides almost all those rights to victims. He said there are avenues in the state that allow for change.
"To look at a legislative amendment," he said, "not revamp our Constitution."
Clark said the legislative process can take years. She said Montana tries to do a good job of informing victims. But she said many victims fall through the cracks.
"They weren't notified of a hearing," she said. "They weren't notified that somebody was let out of jail or released on bail."
Fulbright said the definition of victim is overly broad. He said in some cases victims end up siding with the defendant, opening doors which could put the victim at risk.
For instance, he said sometimes in domestic violence cases the victim will side with their abuser.
"Because of that cycle of domestic violence," he said, "(the victim) is not in a place where they are prepared to support prosecution."
Clark said even if a victim is hostile the court needs to hear them. She said the definition of victim is purposely broad to make sure that no victim is missed.
She said the CI-116 would better help victims receive restitution.
"Restitution," she said, "would make the victim whole before it goes to pay for court costs, fines and other costs related to the case.
Ravalli County has a victims advocate.
Fulbright said it is uncertain just how much a constitutional amendment would cost. He said there are a lot of rules.
"But there are no details," he said. "So we have to use a lot of resources to try to address those, resources that should be going to protecting the victim by prosecuting the person who hurt them."
Clark said if Marsy's Law passes she favors developing an automated system that notifies victims of any change in the case.
Fulbright said the initiative is not tailored to Montana's needs. He said it is an expensive effort by out-of-state interests to pull in enough states to amend the Federal Constitution.
Clark said there are efforts to do that. She said Marsy's Law For All is a national group whose ultimate goal is to make victims rights a national issue.
There are 32 states that have victims rights in the constitutions. If voters approve CI-116 Montana would be the 33rd state.