TN lawmakers propose amending state constitution to include 'rights of victims'

NASHVILLE, Tenn. — Tennessee lawmakers are considering amending the state constitution to include a list of rights that victims would explicitly have involving the sentencing and trial procedures of people convicted of crimes.

It's called "Marsy's Law," otherwise known as HJR 0094. Its sponsor, Representative Patsy Hazlewood (R - Signal Mountain) said the resolution is meant to move a victim's statutory rights to the constitutional level. She said it is meant to ensure victims are able to participate in the judicial system.

The amendment would add 13 specific and enforceable rights to the state constitution. They are listed below.

1. The right to be treated with fairness for the victim's safety and dignity
2. The right, upon request, to reasonable notice of all criminal public proceedings and all juvenile delinquency proceedings involving the accused
3. The right to be present at all public criminal proceedings and all public juvenile delinquency proceedings involving the accused
4. The right upon request to be heard in any proceeding involving release, plea, sentencing, disposition, and parole, as well as any public proceeding when relevant during which a right of the victim is implicated
5. The right to be heard and informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender
6. The right to be free from harassment, intimidation, and abuse throughout the criminal justice system, including reasonable protection, as defined by the General Assembly, from the accused or any person on behalf of the accused
7. The right, upon request, to reasonable notice of any release, transfer, or escape of the accused or convicted person
8. The right to full and timely restitution from the offender
9. The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence
10. The right to be informed of the minimum sentence the offender will serve in custody and the scheduled release date
11. The right 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
12. The right, upon request, to confer with the prosecution
13.  The right to be fully informed of all rights afforded to crime victims

A similar proposal was passed in Kentucky, and one man said it helped him heal after a violent crime. David Toney was 24 years old in 1994 when his father, Tom, was kidnapped during a carjacking.

Police later spotted his vehicle, which they began chasing. This resulted in a shootout. The suspect, identified as Roy Stanley Pearce, ran from the scene. 

"I knew it wasn't him. My dad had a back injury and I knew he couldn't run," David said.

The suspect was eventually captured weeks later at a home in Michigan on Thomas Toney's 50th birthday.

David said 33 days after his father was reported missing, Tom Toney’s body was recovered in the woods. According to officials, his murder was gruesome.

Pearce was on parole at the time. His criminal record included charges of assault, drugs, traffic and misdemeanor charges. He reportedly had several deadly weapons offenses.

At the end of 1994, Pearce was convicted of robbery and murder. He was sentenced to life in prison with the possibility of parole after 25 years.

"Emotionally, I just couldn't take it," he said. "He had walked up behind him and shot him in the back of the head."

Because of Marsy's Law, he was not granted parole.

"I got involved because I think it's critically important that victims be accorded the same equal level of concern in the justice system that defendants and accused are," said Toney.