Analysis of Marsy's Law in South Dakota: Unintended Consequences and Comparisons with Other States
This analysis delves into the implications of Marsy's Law in South Dakota, exploring its unintended consequences and comparing its provisions with other states. The law, placed in the state constitution through a ballot measure, grants crime victims various rights, including the right to prevent disclosure of information, receive relevant reports, access accident records, and more. The discussion also touches on the challenges and considerations related to implementing Marsy's Law, such as ensuring data privacy, identifying all victims, addressing program costs, and potential liability issues. Additionally, it compares the application of Marsy's Law in South Dakota with states like California, Illinois, North Dakota, and Montana.
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Marsys Law in South Dakota Unintended Consequences and Comparisons with Other States C:\Users\pspr16196\Desktop\YouTube-logo-full_color.jpg South Dakota Department of Public Safety 1
S.D. Marsys Law Placed in state Constitution by ballot measure Applies to crime victims Broad definition of victim Most traffic violations in S.D. are Class 2 misdemeanors, thus criminal 19 specified rights beginning at the time of victimization C:\Users\pspr16196\Desktop\YouTube-logo-full_color.jpg South Dakota Department of Public Safety 2
S.D. Const. Art. VI 29 5. The right to prevent the disclosure of information or records that could be used to locate or harass the victim or the victim's family, or which could disclose confidential or privileged information about the victim, and to be notified of any request for such information or records. C:\Users\pspr16196\Desktop\YouTube-logo-full_color.jpg South Dakota Department of Public Safety 3
S.D. Const. Art. VI 29 12. The right to receive a copy of any pre- sentence report or plan of disposition, and any other report or record relevant to the exercise of a victim's right, except for those portions made confidential by law C:\Users\pspr16196\Desktop\YouTube-logo-full_color.jpg South Dakota Department of Public Safety 4
Accident Records No statutory open records exceptions apply, because provision is in the Constitution Victims include individuals and entities not at the scene Who has the right to invoke? Who has the right to have record after invocation? C:\Users\pspr16196\Desktop\YouTube-logo-full_color.jpg South Dakota Department of Public Safety 5
Accident Records What safeguards are required to ensure records not improperly released How to identify and notify all victims Costs for programming Lack of multi-agency infrastructure State liability Insurance industry concerns C:\Users\pspr16196\Desktop\YouTube-logo-full_color.jpg South Dakota Department of Public Safety 6
Marsys Law in Other States California Illinois North Dakota Montana (current injunction) Nevada (pending) C:\Users\pspr16196\Desktop\YouTube-logo-full_color.jpg South Dakota Department of Public Safety 7
California Section 4-victim s have right to prevent the disclosure of confidential information or records to the defendant . C:\Users\pspr16196\Desktop\YouTube-logo-full_color.jpg South Dakota Department of Public Safety 8
Illinois Provides right to notice and to a hearing before a court ruling on a request for access to any of the victim s records, information or communications, which are privileged to confidential by law. No cause of action against the state C:\Users\pspr16196\Desktop\YouTube-logo-full_color.jpg South Dakota Department of Public Safety 9
North Dakota Right to prevent the disclosure of information or records that could be used to locate or harass the victim or the victim s family, or which could disclose confidential or privileged information . No cause of action against the state C:\Users\pspr16196\Desktop\YouTube-logo-full_color.jpg South Dakota Department of Public Safety 10
Montana Right to prevent the disclosure of information that could be used to locate or harass the victim, or that contains confidential or privileged information about the victim. Delayed implementation date Now enjoined due to challenge to the adoption process C:\Users\pspr16196\Desktop\YouTube-logo-full_color.jpg South Dakota Department of Public Safety 11
Nevada (Proposed) Each victim of a crime is entitled to prevent the disclosure of confidential information or records to the defendant . No cause of action against the state C:\Users\pspr16196\Desktop\YouTube-logo-full_color.jpg South Dakota Department of Public Safety 12
Other States Pending Georgia Ohio Kentucky Hawaii C:\Users\pspr16196\Desktop\YouTube-logo-full_color.jpg South Dakota Department of Public Safety 13
Marsys Law How South Dakota is meeting the challenges Marsy s Cards Attorney General Opinion DPS processes C:\Users\pspr16196\Desktop\YouTube-logo-full_color.jpg South Dakota Department of Public Safety 14
