CONCORD, NH – Gov. Chris Sununu testified Tuesday in favor of “Marsy’s Law”, CACR 22, a proposed constitutional amendment for victims’ rights, at a joint hearing of the House Judiciary and House Criminal Justice and Public Safety Committees.
Appearing alongside Bob Marriott, whose daughter was murdered in 2012, Sununu passionately insisted New Hampshire “must do better” to place the rights of crime victims on an equal legal footing with those accused or convicted of committing. Responding to a question about potential costs, he insisted that costs should be no barrier.
State Sen. Donna Soucy of Manchester was in attendance at the hearing. She did not respond to a request for her comment. The bill was sponsored by 23 of 24 state senators, including Manchester Senators Soucy (D-18), Kevin Cavanaugh (D-16), and Lou D’Allesandro (D-20).
Opponents say it is unnecessary to make detailed changes to the constitution and assert that the existing Victim Bill of Rights (RSA 21-M:8-k) is adequate. Jeanne Hruska, Policy Director of the ACLU of NH said, “The statute has strong rights, and provides correct guidance. It protects victims’ rights to the extent that they don’t conflict with defendant’s rights, which rarely occurs. A constitutional right can no more be enforced than a statute.”
Amanda Grady Sexton, director of the New Hampshire organization for Marsy’s Law, said, “The current statute doesn’t have the weight of a constitutional protection of rights. We must elevate them so courts can weigh them equally with rights of the accused and convicted. The courts don’t have the tools to do the balancing acts that are necessary.” As an example, she said, “If a parole board fails to notify a victim that a criminal is up for parole, under the constitutional amendment, the parole board would have to hear the victim’s petition.”
Hruska asked, “If there is a problem with victims’ rights not being enforced, is that a problem of law or of resources? If it is a matter of resources, the constitutional amendment does not produce more resources.”
Sexton said, “New Hampshire does an extraordinary job in enforcing those rights.” She said she does not have any numbers for the scope of the problem, adding, “The problems are not with the case outcomes, but with how the victims were treated.”