San Diego
Victim Assistance Coordinating Council

Victims' Bill of Rights "Marsy's Rights"
California Constitution, Article I, Section 28(B)

In order to preserve and protect a victim's rights to justice and due process, a victim shall be entitled to the following rights:

  1. To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process
  2. To be reasonably protected from the defendant and persons acting on behalf of the defendant
  3. To have the safety of the victim and the victim's family considered in fixing the amount of bail and release conditions for the defendant
  4. To prevent the disclosure of confidential information or records to the defendant, the defendant's attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim's family or which disclose confidential communication made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law
  5. To refuse an interview, disposition, or discovery request by the defendant, the defendant's attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents
  6. To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case
  7. To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings
  8. To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.


The Victim Assistance Coordinating Council is pleased to provide
the following booklet specifically designed for victims and survivors of crime with
helpful information, options, and resources:

VICTIMS OF CRIME
AND THEIR FAMILIES