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Marsy's Law reintroduced to Kentucky Senate after Bevin's controversial pardons

Sen. Whitney Westerfield (R) is pushing for the law again but with some changes after Bevin’s pardons came under question.

FRANKFORT, Ky. — Former Gov. Matt Bevin’s controversial pardons are playing a role in renewed efforts to give Kentucky crime victims constitutional rights.

In 2018, voters passed Marsy’s Law, but a Supreme Court ruling prevented it from becoming law. According to the ruling, the law was not submitted correctly and the wording on the ballots was too vague.

Marsy’s Law sought to give Kentucky crime victims rights throughout the prosecution process. Victims would have been updated on cases and included in court proceedings.

Now, supporters are hoping to give it a second chance.

Sen. Whitney Westerfield (R) is pushing for the law again but with some changes after Bevin’s pardons came under question. This time, Marsy’s Law would require a governor considering a pardon, commutation or reprieve to communicate that with crime victims and their survivors. The language on the ballots would also be adjusted.

“We want to make sure that future governors have to abide by that. And we want to make sure that those victims are consulted, or at least an effort is made to honor that constitutional right,” Sen. Westerfield said.

The Kentucky Association of Criminal Defense Lawyers fought it to the Supreme Court last time, and they are preparing for another fight.

"Whether we do it with a systemic lawsuit or we do it on behalf of individuals, we will. I’m sure that the lawyers in Kentucky will stand up and make challenge to it,” Rebecca Ballard DiLoreto, Kentucky Association of Criminal Defense Lawyers, said.

If it passes the General Assembly, it could land on Kentucky ballots November 3.


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