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On November 4, 2008, the voters of California voted Proposition 9 into law. This measure amends the California Constitution. The amendment contains victims' rights now known as Marsy's Law. The County of Santa Clara District Attorney's Office will implement policies and procedures which are in legal accord with these rights.
California Victims' Bill of Rights grants crime victims the right to:
Dignity, fairness and respect
Be treated with respect as to your privacy and be free from intimidation, harassment and abuse throughout the criminal or juvenile justice system.
Restitution
To have the court consider and order reasonable compensation for losses caused by the crime, as submitted by the victim and/or their family.
Protection from the defendant and others
To be reasonably protected from the defendant and people acting on behalf of the defendant.
Refuse to be interviewed by the defense
The ability to deny or set reasonably conditions to an interview, deposition, or discovery by the defense attorney or people associated with the defendant.
Prevention of the disclosure of victim’s confidential information
The right to prevent disclosure of confidential information or records that could be used to locate or harass the victim and/or their family, or that discloses legally confidential communications, including medical or counseling treatment.
Safety of the victim/family in setting bail and release conditions
The safety of the victim and the victim’s family considered when deciding the amount of bail and release conditions for the defendant.
A speedy trial and final conclusion of the case
To a speedy trial as reasonably possible and prompt and final conclusion of the case and any related post-judgment proceedings.
Provide a Victim Impact Statement to the court and/or probation department
To provide information to a probation officer conducting a presentence investigation and the court about the impact of the crime on the victim/family including any sentencing impact and/or recommendations before the defendant is sentenced.
Consideration of the safety of the victim/family and public in determining the defendant’s parole conditions and release
To have the safety of the victim and/or family and the public considered before, during, parole or other post-judgment release decision is made.
Prompt return of property
The allowance of prompt return of property when it is no longer needed as evidence in court proceedings.
UPON REQUEST:
Be heard at any court proceeding in which the right of the victim is an issue
To be heard at any proceeding, including a juvenile delinquency proceeding, involving a post-arrest release decision, a plea, sentencing, a post-conviction release decision, or any proceeding in which a right of the victim is an issue.
Notification of the defendant’s arrest, filing of criminal charges, and offer to resolve the case
To receive reasonable notice from the District Attorney’s Office about the arrest and charges filed against the defendant, and to speak with the prosecuting attorney about pretrial offers to resolve the case.
Notification of and presence at all public hearings
To receive reasonable notice of and be present at all public hearings where the defendant and prosecuting attorney will be present, and at all parole or post-release proceedings.
Receive the probation department’s pre-sentence report
To receive a copy of the presentence report, except portions that are legally confidential, when it is made available to the defendant.
Notification of the defendant’s conviction, sentencing, and custody status
To be notified of the conviction, sentence or other sentencing conditions, location and time of incarceration, and the scheduled release date or change in custody of the defendant.
Notification of and presence at parole hearings and defendant’s release
To be notified of all parole procedures, attend and speak at parole hearings, and receive reasonable notification of the defendant’s parole date and conditions of parole or release.
