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Advocates push for Marsy's Law during National Crime Victims' Rights Week

Marsy's Law is a proposed Tennessee Constitutional amendment that includes a specific list of rights for victims as suspects' cases go through the court system.

KNOXVILLE, Tenn. — Advocates said during National Crime Victims' Week, they hope to soon see Marsy's Law passed in Tennessee.

The proposal is a Constitutional amendment that would add a specific list of rights for the victims of crimes while suspects' cases go through the court system. Victims would have the Constitutional right to attend all public, criminal proceedings and all public, juvenile delinquency proceedings involving the suspect. They would also have the right to ask to be heard in any proceeding involving release, plea, sentencing, disposition and parole.

Resolutions passed by the Tennessee House and Senate advance the initiative. They effectively allow voters to decide whether Marsy's Law should be included in the state constitution.

"If not now, then when? When are we going to do something for victims" said Bonnie Brezina, advocate for Marsy’s Law for Tennessee. "It provides a lot of comfort and safety for these victims and their families, as they experience the trauma."

Marsy's Law has already been passed in some other states, including Kentucky, North Carolina and Florida. The resolution is expected to return to the General Assembly in 2025 and 2026, and if it is approved, voters will decide whether to include it in the Tennessee Constitution in 2026.

According to the Tenessee Secretary of State's Office, amendments must also go through a popular vote and be listed on a ballot before the Constitution can change. So even though lawmakers passed it in the House and Senate, there are additional steps before the proposal can go into effect.

The amendment must get more "yes" votes than "no" votes from state voters, and the number of "yes" votes must be a majority of the total votes in the previous gubernatorial election.

"The Constitutional amendment fails if the number of yes votes does not meet or exceed the threshold or if there are more no votes than yes votes," the Secretary of State's Office said.

Families like those of Johnia Berry said they want to see Marsy's Law fully passed. The 21-year-old student died almost 20 years ago when she was stabbed to death by a thief who entered her apartment.

"It's very important for all of our family members and all victims are remembered in this time," said Joan Berry, the mother of Johnia. "They have the right to know what's going on."

In 2004, Johnia was a student at the University of Tennessee. Her mom said she had big dreams to bring change. 

"Her love was for children," Berry said. "That's why she came back to Tennessee to purse her career in child psychology."

Berry is the founder and director of Hope for Victims. A nonprofit organization helping families and victims of violent crimes. 

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