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Committee hears SJR 10 sponsors on victims— rights amendment
Summary
Senator Dave Wallace presented SJR 10 proposing a Victims— Bill of Rights, including rights to presence at key proceedings, protection from harassment, and restitution priority; senators debated whether statutory code or a constitutional amendment is required for each provision.
Little Rock — The committee heard SJR 10, a proposed constitutional Victims— Bill of Rights sponsored by Senator Dave Wallace (SD 19).
Wallace told the committee the amendment seeks to give victims constitutional protections mirroring criminal defendants— rights in some respects: a right to be present at key proceedings, protection from harassment and intimidation, and priority for restitution payments. "This bill ... is about the rights of the victim," Wallace said.
Senators asked whether parts of the proposal could be implemented by statute rather than a constitutional amendment. Senator Flowers queried whether existing statutes and court rules already provide some protections; Wallace said he relied on BLR (Bureau of Legislative Research) vetting and believed a constitutional referral was appropriate for some provisions. Senator Peyton and others agreed much of the text could be enacted in code, but noted some aspects touching criminal-procedure rules or separation-of-powers issues might require constitutional text.
The sponsor cited "Marcy—s Law" as comparable measures in other states and recounted a fact pattern where a victim—s murder and a subsequent bail/release highlighted gaps in victim protections.
No vote was taken. Committee members said they will continue review to determine what must be constitutional and what can be statutory.
