A panel of lawmakers voted against a bill to enshrine rights for victims in the state’s Constitution on Wednesday, delivering a blow to a well-oiled political effort as the legislation makes its way to the House floor.
In a 24-11 vote, members of the House Judiciary and Criminal Justice Committee voted to recommend that the bill, which creates a new constitutional amendment, be killed.
The proposed amendment, known as Marsy’s Law, would enumerate a list of rights in the state Constitution for victims of crimes. Among them: the right to be served notice of any hearing involving their case, the right to be heard at any hearing involving their case, the right to be notified of the release or escape of the accused, and the right to refuse any unnecessary deposition made by the accused.
Many of these are already in state law under a Victim Bill of Rights.
Supporters have held up the amendment as a valuable means to protect the interests of sexual assault victims and other victims of crime. Opponents argued that Marsy’s Law would fundamentally alter the “innocent until proven guilty” protection of those accused of a crime.
Speaking after the vote, Rep Paul Berch, D-Westmoreland, said dealing with victims’ rights through current law – as opposed to the Constitution – provides legislators flexibility in the future.
“Not only do we have a successful victims’ rights statute (already), but we can change it to make it more successful over time,” he said.
And Berch objected to the additional costs that could be incurred from the need to notify victims of court dates at lower-level misdemeanor cases – costs he said would come at the expense of services to victims of felonies.
Supporters have countered that those lower-level charges comprise many of the state’s sexual assault cases, necessitating the additional protections.
Before voting, members of the committee heard from Attorney General Gordon MacDonald, a supporter of the bill, who presented an amendment intended to address some of the concerns. That amendment was not taken up for debate by the committee, which instead voted to recommend the bill be killed as written.
The vote represents the first significant setback for a bill with a long road ahead. After passing the Senate overwhelmingly, 20-3, the amendment now heads to the House floor, where it will need 60 percent of support to advance. Passage by the Legislature would put the question before voters on the ballot in November.
On Wednesday, proponents of Marsy’s Law accused lawmakers of turning a deaf ear to victims.
“After hearing hours of testimony from victims of crime, the committee chose to ignore their stories, their pain and their clear need for constitutional rights,” said Amanda Grady Sexton, the paid state director of Marsy’s Law for New Hampshire.
That state campaign – like others around the country — has hired lobbyists, public relations professionals and lawyers, bankrolled by a California billionaire, Henry Nicholas.
Nicholas has fought for the constitutional changes in state legislatures since his sister Marsalee “Marsy” Nicholas was killed by an ex-boyfriend in 1983. Similar efforts are underway in states across the country.
New Hampshire is one of 15 states that currently don’t include rights for crime victims in their constitutions.
On Wednesday, Sexton said supporters would “continue to fight” and attempt to overturn the committee’s recommendation. “To all of the survivors in the Granite State – we see you, we’re with you, and we will never stop working to elevate your voices” she said.
Gov. Chris Sununu, a strong supporter of the bill, called the vote “disappointing.” But he, too, struck a similar note of optimism.
“It is my hope that as the Legislature becomes more familiar with this compromise prior to the full house vote, lawmakers will ultimately support Marsy’s Law and stand with victims of crime and their families,” he said.
(Ethan DeWitt can be reached at edewitt@cmoni tor.com, or on Twitter at @edewittNH.)