CAWS North Dakota Opposes Marsys Law

CAWS North Dakota has been advocating for the rights of victims by building
institutional relationships and helping shape public policy since the late
1970s. In 1987, under the leadership of CAWS North Dakota, we joined other
states in passing 21 bills that created broad protections for all victims of
crime often referred to as the victims fair treatment standards. (NDCC
12.1-34). Under this statute victims and witnesses are afforded 18 rights
including the right to be notified of the status of the investigation and
whether or not criminal charges have been filed, to be notified of pre-trial
release, to be present and participate in court proceedings, to be informed of
services available, to be protected from the release of any identifying
information, and the right to submit a victim impact statement.
North Dakota has a rich history of collaborative problem-solving through
organizational, administrative and legislative processes that date back to
1979 when the first domestic violence statute was passed. This process has
allowed us time for discussion, negotiation and transparency in creating
language and consensus to bring forward change that benefits victims.
Other examples include:
1989- Enabling legislation allowed city and county courts to levy fees up
to $25, proceeds to go
to victim assistance programs.
1993- North Dakota's first anti-stalking law was enacted. A "Disorderly
Conduct Order"
process was created to accompany the stalking law.

Persons accused of domestic violence were required to appear

before a judge in person before bond could be set.

Also, the "Lap Law allowed children to have support during court
trials in addition to expanding other protections to child victims and
witnesses at this same time .

1999- Full Faith and Credit Enabling Legislation Gives equal

enforceability to all protection orders, regardless of initiating court and
grants specific law enforcement immunity when acting in good faith.
2005- The confidentiality of victims statements in a parole and probation
hearing process was specifically protected by statute.
2011- Prosecutors are allowed to use previous convictions for similar
offenses in other courts, including municipal courts, to elevate the penalty
for stalking from a class A misdemeanor to a class C felony.
2013- Changes were made to the crime victims compensation statute to
allow victims up to 96 hours (up from 72 hours) to report to law enforcement
after a crime was committed and still be eligible to file a claim. Changes
were made to the statute related to victim notification in order to allow
victims to opt out completely (SAVIN).
The legislative process creates a unique opportunity to have open dialogue
in order to promote policy changes that are meaningful and enforceable. We
recognize that victims rights and protections under NDCC 12.1-34 can be
strengthened to meet the needs of victims such as including language to
insure that victims cannot be terminated from their employment for
participating in a hearing or deposition.
We stand with other partners committed to improving access to and
promoting the rights of victims currently outlined in state law. We fully
believe there will be unintended consequences about the unknown impact on
an already overwhelmed system with additional requirements without
additional resources.
Constitutional measures, although well intentioned are often not clearly
defined until litigation (case law), making it difficult to modify or implement.
For example, such possible litigation over defining who is a victim may
create disadvantages because it could limit or frustrate successful resolution
to victims of crime.
Victims have multi-faceted needs and a one size fits all approach doesnt
work as proposed under the constitutional provisions outlined in Marsys Law.

This pre-packaged constitutional amendment is not geared towards whats

best for victims in North Dakota. Victim service providers and their partners
are well positioned to work together to create policies, language and
implementation strategies tailored to the needs of victims in our state.

CAWS North Dakota is a nonprofit membership organization representing the 20 domestic violence and sexual
assault crisis centers throughout the state. It is the mission of CAWS North Dakota to provide leadership and
support in the identification, intervention, and prevention of domestic and sexual violence. For more information,
please visit www.cawsnorthdakotaorg