Policy Text
Procedure
3179Santa Ana Police Department
Santa Ana PD Procedures Manual
Copyright Lexipol, LLC 2020/03/16, All Rights Reserved.
Published with permission by Santa Ana Police DepartmentMARSY'S RIGHTS NOTIFICATION - 1MARSY'S RIGHTS NOTIFICATION
3179.1 PURPOSE
These guidelines inform officers of their responsibilities under Proposition 9, the Victims’ Bill of
Rights Act of 2008. This proposition amended the California Constitution to provide addition rights
to crime victims.
3179.2 INTRODUCTION
On November 4, 2008, California voters approved Proposition 9, the Victims’ Bill of Rights Act
of 2008 known as Marsy’s Law. This measure amended California’s Constitution to include a Bill
of Rights for crime victims. The purpose of this constitutional amendment is to provide all victims
with rights to justice and due process.
3179.3 AREAS COVERED
Marsy’s law created a number of personally held and enforceable constitutional rights for victims
of crime. The law further expanded the definition of “victim” to include “a person who suffers direct
or threatened physical, psychological or financial harm as a result of the commission or attempted
commission of a crime or delinquent act. The term “victim” also includes the person’s spouse,
parents, children, siblings, or guardian, and includes a lawful representative of a crime victim who
is deceased, a minor, or physically or psychologically incapacitated. The term “victim” does not
include a person in custody for an offense, the accused, or a person who the court finds would
not act in the best interests of a minor victim.” (Cal. Const., art 1, 28(e).)
Among the enumerated rights, is the right to be notified of these rights. In order to implement
this provision, the Attorney General isrequired to design and make available to all state law
enforcement agencies a “Marsy’s Rights” card for distribution to crime victims. The card contains
a list of the newly created rights, an 800 number victims may contact for additional information,
and a list of various government funded agencies that may also be of assistance.
“Marsy Cards” are available in the Department’s report room. These cards should be provided to
victims at the time of initial contact, during follow-up investigation, or as soon thereafter.
3179.4 SUMMARY
The passage of Proposition 9 greatly expanded the definition of a crime “victim” and their rights
under California’s Constitution. Under this law, peace officers are required to provide crime victims
with a “Marsy’s Rights” card at the time of initial contact. The card explains the victim’s rights and
provides information regarding advocacy, support groups and available resources.