Tennessee Marsy's Law Crime Victims Rights Amendment (2026)

Tennessee Marsy's Law Crime Victims Rights Amendment
Election date November 3, 2026
Topic Crime victims' rights and Criminal trials
Status On the ballot
Type Legislatively referred constitutional amendment	Origin State legislature

The Tennessee Marsy's Law Crime Victims Rights Amendment is on the ballot in Tennessee as a legislatively referred constitutional amendment on November 3, 2026.

A "yes" vote supports replacing the list of rights for victims of crimes in the constitution with a new list, including the right:  to be present at all criminal proceedings;  to be treated with fairness; to be heard in any proceeding involving release, plea, sentencing, disposition, and parole; to be free from harassment, intimidation, and abuse throughout the criminal justice system; to reasonable notice of all public criminal proceedings; and to have the safety of the victim, the victim's family, and the general public considered before any parole decision is made, among other rights.

A "no" vote opposes removing the standing list of victims' rights in the constitution and replacing it.

Overview

What is Marsy's Law?

Marsy's Law is named for Marsalee 'Marsy' Nicholas, a woman who was murdered by her ex-boyfriend in 1983. Efforts to institute Marsy's Law across the U.S. have been primarily backed by Henry Nicholas, Marsy's brother and co-founder of Broadcom Corporation. A week after Marsy's murder, Henry and his mother encountered her ex-boyfriend at a grocery store after he was released on bail; Henry and his mother were unaware of his release. In 2009, Henry founded Marsy's Law for All LLC, the national organization advocating for Marsy's Law. The organization describes its mission in the following way: "Marsy’s Law for All seeks to amend state constitutions that don’t offer protections to crime victims and, eventually, the U.S. Constitution to give victims of crime rights equal to those already afforded to the accused and convicted."

Different states have adopted varying versions of Marsy's Law, with some discrepancies in what rights are included. Marsy's Law generally includes the right to be notified of criminal proceedings, the right to be heard at proceedings, the right to be protected from the accused, the right to be notified of the release of the accused, and the right to have the safety of the victim and the general public considered when bail and release decisions are made.

Click here for more information about the history of Marsy’s Law ballot measures.

What are the existing victims' rights in the constitution?

Section 35 of Article I of the Tennessee Constitution contains a list of rights to which victims of crimes are entitled. That list includes the right to:

• confer with the prosecution;
• be free from intimidation, harassment and abuse throughout the criminal justice system;
• be present at all proceedings where the defendant has the right to be present;
• be heard, when relevant, at all critical stages of the criminal justice process as defined by the General Assembly;
• be informed of all proceedings, and of the release, transfer or escape of the accused or convicted person;
• a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence;
• restitution from the offender; and
• be informed of each of the rights established for victims.

The amendment would delete Section 35 in its entirety and replace the list of victims' rights with a new list.

What other states passed Marsy's Law?

See also: Marsy's Law in the states

As of 2024, 14 states had passed a ballot measure to institute a version of Marsy's Law. The first was California in 2008. Since then, voters approved Marsy's Law in Illinois (2014), Montana (2016), North Dakota (2016), South Dakota (2016), Ohio (2017), Florida (2018), Georgia (2018), Kentucky (2018), Nevada (2018), North Carolina (2018), Oklahoma (2018), Pennsylvania (2019), and Wisconsin (2020).

State courts in Pennsylvania, Kentucky, and Montana overturned the ballot measures, resulting in Marsy's Law not being adopted in those states. In 2020, Kentucky passed a version of Marsy's Law a second time when voters approved Constitutional Amendment 1.

Measure design

Click on the following sections for summaries of the different provisions of the amendment.

Expand All

Definition of a victim

The amendment does not address who qualifies to be considered a victim. Instead, the amendment refers to a victim as "defined by law and which may be expanded by the General Assembly."

Currently, there is no decided definition of a victim included in Tennessee state code. However, Tennessee law defines a victim, for purposes of a victim impact statement, as "an individual who suffers direct or threatened physical, emotional or financial harm as the result of the commission of a crime or an immediate family member of a minor victim or a homicide victim."

List of rights granted to a victim

Under the amendment, the following victims' rights would be protected:

1. The right to be treated with fairness for the victim's safety and dignity;

2. The right to be notified of all public criminal proceedings involving the accused;

3. The right to be present at all public proceedings involving the accused;

4. The right to be heard in any proceeding involving release, plea, sentencing, disposition, and parole, and any public proceeding during which a right of the victim is involved;

5. The right to be heard at and informed of all parole procedures, to be considered before the parole of the offender, and to be notified, of the parole or release of the offender;

6. The right to be free from harassment, intimidation, and abuse throughout the criminal justice system, including reasonable protection from the accused or anyone acting for the accused;

7. The right to reasonable notice of any release, transfer, or escape of the accused or convicted person;

8. The right to full and timely restitution from the offender;

9. The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence;

10. The right to be informed of the minimum sentence the offender will serve in custody and the scheduled release date;

11. The right to have the safety of the victim, the victim's family, and the general public considered before any parole or other post-judgment release decision is made;

12. The right to confer with the prosecution; and

13. The right to be fully informed of all rights afforded to crime victims.

The right of the accused to due process

The wording of the amendment includes the following sentence: "This section must be interpreted to preserve and protect the rights of all persons to due process." The right to due process requires the government to follow all criminal and legal procedures before they issue a conviction or sentence to an individual and place upon them imprisonment, fines, or other legal consequences.

Opt-in nature of the amendment

The amendment states that a victim may assert the rights listed. As such, the amendment operates on an opt-in model; no victim of a crime would be required to assert the rights listed. This is further ensured in the wording of the amendment: many of the rights would be afforded to victims upon request.

Text of measure

Constitutional changes

See also: Article I, Tennessee Constitution

The ballot measure would amend Section 35 of Article I of the Tennessee Constitution. The following underlined text would be added and struck-through text would be deleted:

Note: Hover over the text and scroll to see the full text.

Section 35. To preserve and protect the rights of victims of crime to justice and due process, victims shall be entitled to the following basic rights:

Section 35a. The right to confer with the prosecution.

Section 35b. The right to be free from intimidation, harassment and abuse throughout the criminal justice system.

Section 35c. The right to be present at all proceedings where the defendant has the right to be present.

Section 35d. The right to be heard, when relevant, at all critical stages of the criminal justice process as defined by the General Assembly.

Section 35e. The right to be informed of all proceedings, and of the release, transfer or escape of the accused or convicted person.

Section 35f. The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence.

Section 35g. The right to restitution from the offender.

Section 35h. The right to be informed of each of the rights established for victims.

The General Assembly has the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section.

That to preserve and protect the rights of victims of crime to justice and due process throughout the criminal and juvenile justice systems, a victim, as defined by law and which may be expanded by the General Assembly, shall have the following rights, which shall be protected:

(1) The right to be treated with fairness for the victim's safety and dignity;

(2) The right, upon request, to reasonable notice of all public criminal proceedings and all public juvenile delinquency proceedings involving the accused;

(3) The right to be present at all public criminal proceedings and all public juvenile delinquency proceedings involving the accused;

(4) The right upon request to be heard in any proceeding involving release, plea, sentencing, disposition, and parole, as well as any public proceeding when relevant during which a right of the victim is implicated;

(5) The right to be heard and informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender;

(6) The right to be free from harassment, intimidation, and abuse throughout the criminal justice system, including reasonable protection, as defined by the General Assembly, from the accused or any person acting on behalf of the accused;

(7) The right, upon request, to reasonable notice of any release, transfer, or escape of the accused or convicted person;

(8) The right to full and timely restitution from the offender;

(9) The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence;

(10) The right to be informed of the minimum sentence the offender will serve in custody and the scheduled release date;

(11) The right to have the safety of the victim, the victim's family, and the general public considered before any parole or other post-judgment release decision is made;

(12) The right, upon request, to confer with the prosecution; and

(13) The right to be fully informed of all rights afforded to crime victims.

A victim may assert the rights enumerated in this section, not as a party, but in the manner further provided by the General Assembly protecting the victim's right to standing. The General Assembly has the authority to enact substantive and procedural laws to further define, implement, preserve, and protect the rights guaranteed to victims by this section. This section must be interpreted to preserve and protect the rights of all persons to due process. This section, or any law enacted under this section, does not create a basis for vacating a conviction. This section does not restrict the powers of the District Attorney General or the inherent authority of the court.

Other than as provided in the preceding paragraph, this section does not create a cause of action or claim for damages against the state or a political subdivision of the state; an officer, employee, or agent of the state or of any of its political subdivisions; or an officer or employee of the court.

Full text

The full text of the ballot measure is available here.

Support

Supporters

Officials

• State Sen. John Stevens (R)
• Former State Rep. Patsy Hazlewood (R)
• House Speaker Cameron Sexton (R)

Arguments

• State Sen. John Stevens (R-24): "Tennessee crime victims are not given the same amount of protection as convicted criminals. Marsy’s Law will ensure that victims have equal access to justice."
• Former State Rep. Patsy Hazlewood (R-27): "At this point, victims of crime in Tennessee do not have the guaranteed right to be notified when their abuser is released. Victims do not have the right to be heard in criminal proceedings involving sentencing, release, or pleading. Victims do not have many guaranteed and meaningful rights that Marsy’s Law would provide, and as a result, trauma often extends past the scene of the crime and to the criminal proceedings. I am proud of the Amendment we introduced, and I hope our state legislature joins us in putting victims first."

Opposition

Opponents

Officials

• State Sen. Jeff Yarbro (D)

Arguments

• State Sen. Jeff Yarbro (D-21): "I do rise with hesitation about putting things in the constitution that would be better in the Tennessee code."

Campaign finance

See also: Ballot measure campaign finance, 2026

The campaign finance information on this page reflects the most recent scheduled reports that Ballotpedia has processed, which covered through July 15, 2025. The deadline for the next scheduled reports is October 21, 2025.

Ballotpedia has not found any campaigns that have registered in support or opposition to this ballot measure. If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Background

Marsy's Law across the country

See also: Marsy's Law crime victim rights

Ballotpedia has identified $113.2 million in total contributions to the support campaigns for the first 14 Marsy's Law ballot measures. Henry Nicholas and the organization Marsy's Law for All provided 91% — about $103.2 million — of the total contributions.

The following map shows the status of Marsy's Law ballot measures across the states:

California Proposition 9

Californians approved Proposition 9 in 2008, which was the first ballot measure known as Marsy's Law. Proposition 9 required that victims and their families be notified during all aspects of the justice process, including bail, sentencing, and parole; and that authorities take a victim's safety into account when assigning bail or conducting a parole review. Along with Henry Nicholas, Proposition 9 received support from Crime Victims United of California and the California Correctional Peace Officers Association. Proposition 9 faced opposition from the California Teachers Association, the SEIU California State Council, the California Democratic Party, and the California Federation of Teachers. Proposition 9 passed with about 54% of the vote and became a model for several subsequent Marsy's Law ballot measures across the United States.

Marsy's Law ballot measures

The first state to vote on Marsy's Law after California was Illinois in 2014. The constitutional amendment received 72.3% of the vote in Illinois.

Marsy's Law for All organized campaigns for ballot initiatives in three states in 2016 — Montana, North Dakota, and South Dakota. Voters in each state approved the ballot initiative. Montana's Marsy's Law was ruled unconstitutional in 2017 because the ballot initiative, according to the court, violated the state's separate-vote requirement for constitutional amendments. In June 2018, the South Dakota Legislature asked voters to amend Marsy's Law via Amendment Y. Amendment Y, which was approved, was defined to narrow the definition of crime victim and require victims to opt-in to Marsy's Law's protections, rather than making those protections automatic.

In 2017, Marsy's Law was on the ballot in Ohio as Issue 1 and received 82.6% of the vote.

The number of Marsy's Law amendments in state constitutions doubled in 2018 from six to 12. The states that voted on Marsy's Law in 2018 were Florida, Georgia, Kentucky, Nevada, North Carolina, and Oklahoma. Kentucky's Marsy's Law was ruled invalid in June 2019 because the language for the ballot measure, according to the court, did not meet constitutional requirements.

The Pennsylvania General Assembly referred Marsy's Law to the ballot for the election on November 5, 2019. While the measure received 74% of the vote, the results were never certified. The state Supreme Court upheld a lower court’s ruling that found the amendment violated the state’s separate-vote requirement for constitutional amendments.

In April 2020, Marsy's Law was on the ballot in Wisconsin as Question 1. The amendment was approved with 74.9% voter approval. In November 2020, Kentucky voters again approved Marsy's Law when Amendment 1 received 63.4% approval.

The following table describes the outcome of votes on Marsy's Law ballot measures:

State	Measure	Year	Percent “Yes”	Percent “No”	Status
California	Proposition 9	2008	53.84%	46.16%	Approved
Illinois	Amendment	2014	78.45%	21.55%	Approved
Montana	Initiative 116	2016	66.09%	33.91%	Approved (Overturned)
North Dakota	Measure 3	2016	62.03%	37.97%	Approved
South Dakota	Amendment S	2016	59.61%	40.39%	Approved (Amended)
Ohio	Issue 1	2017	82.59%	17.41%	Approved
Florida	Amendment 6	2018	61.61%	38.39%	Approved
Georgia	Amendment 4	2018	80.93%	19.07%	Approved
Kentucky	Amendment	2018	62.81%	37.19%	Approved (Overturned)
Nevada	Question 1	2018	61.19%	38.81%	Approved
North Carolina	Amendment	2018	62.13%	37.87%	Approved
Oklahoma	State Question 794	2018	78.01%	21.99%	Approved
Pennsylvania	Pennsylvania Marsy's Law Amendment	2019	74.01%	25.99%	Approved (Overturned)
Wisconsin	Question 1	2020	74.90%	25.10%	Approved
Kentucky	Constitutional Amendment 1	2020	63.36%	36.64%	Approved
Average			68.1%	29.2%

Transparency in Sentencing for Victims Act (2022)

During Tennessee's 2022 legislative session, State Rep. Cameron Sexton (R) introduced the Transparency in Sentencing for Victims Act (House Bill 2657). It was passed unanimously in both chambers. HB 2657 aimed to ensure fair and consistent sentencing for individuals convicted of criminal activity. It requires courts to put into public record their reasoning for the sentencing conditions, including enhancing and mitigating factors, and the estimated minimum amount of time the convicted individual will spend in confinement before becoming eligible for release.

Path to the ballot

Amending the Tennessee Constitution

See also: Amending the Tennessee Constitution

In Tennessee, the state Legislature must pass a constitutional amendment during two successive legislative sessions with an election in between. During the first legislative session, a simple majority vote is required in both legislative chambers. During the second legislative session, a two-thirds vote is required in both legislative chambers. Amendments do not require the governor's signature to be referred to the ballot. In Tennessee, amendments must be placed on general election ballots in which there is also a gubernatorial election.

The required legislative votes per session, assuming no vacancies, are listed below:

Requirements to refer constitutional amendments in Tennessee
Session	Requirement	Senate	House
First	Simple majority vote	17	50
Second	Two-thirds vote	22	66

House Joint Resolution 94 (2023-2024)

Former State Rep. Patsy Hazlewood (R-27) introduced the constitutional amendment into the Tennessee House of Representatives as House Joint Resolution 94 on January 30, 2023. The constitutional amendment moved through the legislature between January 30, 2023, and February 26, 2024.

• April 21, 2023: Tennessee House of Representatives voted 92-0 to pass the amendment.
• February 22, 2024: Tennessee State Senate voted 27-3 to pass the amendment.

Tennessee House of Representatives

Voted on April 21, 2023

Votes Required to Pass: 50
	Yes	No	NV
Total	92	0	1
Total %	98.9%	0.0%	1.1%
Democratic (D)	20	0	1
Republican (R)	72	0	0

Tennessee State Senate

Voted on February 26, 2024

Votes Required to Pass: 17
	Yes	No	NV
Total	27	3	3
Total %	81.8%	9.1%	9.1%
Democratic (D)	1	2	3
Republican (R)	26	1	0

Senate Joint Resolution 9 (2025-2026)

State Sen. John Stevens (R-24) introduced the amendment as Senate Joint Resolution 9 on January 13, 2025. The constitutional amendment moved through the legislature between January 13 and April 21.

• March 3, 2025: The Tennessee State Senate voted 27-5 to approve the amendment.
• April 21, 2025: The Tennessee House of Representatives voted 93-0 to approve the amendment.

Partisan Direction Index = 19.2 (Bipartisan)

Democratic Support

80.8%

Republican Support

100.0%

Tennessee State Senate

Voted on March 3, 2025

Votes Required to Pass: 22
	Yes	No	NV
Total	27	5	0
Total %	84.3%	15.6%	0.0%
Democratic (D)	0	5	0
Republican (R)	27	0	0

Tennessee House of Representatives

Voted on April 21, 2025

Votes Required to Pass: 66
	Yes	No	NV
Total	93	0	0
Total %	100.0%	0.0%	0.0%
Democratic (D)	21	0	0
Republican (R)	72	0	0

How to cast a vote

See also: Voting in Tennessee

See below to learn more about current voter registration rules, identification requirements, and poll times in Tennessee.

How to vote in Tennessee

Poll times

Each county election commission must determine the opening time for polling places in the county at least 15 days before an election, with certain requirements based on county population. All polling places close at 7 p.m. CST (8 p.m. EST). The polls must be open for a minimum of 10 consecutive hours, but not more than 13 hours. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

To register to vote in Tennessee, an applicant must be a citizen of the United States, a resident of Tennessee, and at least 18 years old by the day of the next election.

Prospective voters can register online, by mailing a voter registration application to the county election commission, or in person at a variety of locations including the county clerk’s office, the county election commission office, public libraries, and numerous state agencies. Registration must be completed 30 days before an election.

Automatic registration

See also: Automatic voter registration

Tennessee does not practice automatic voter registration.

Online registration

See also: Online voter registration

Tennessee has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

See also: Same-day voter registration

Tennessee does not allow same-day voter registration.

Residency requirements

To register to vote in Tennessee, you must be a resident of the state. Click here for more information about determining residency in Tennessee.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Tennessee does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, providing false information on an application "is a felony punishable by not less than two (2) years nor more than twelve (12) years imprisonment or a fine of $5,000 or both."

Tennessee law requires election officials to conduct check of voter registration applicants' citizenship status. Section 2-2-141 of the Tennessee Code states the following:

“	‘’’2-2-141. Proof of citizenship for registering to vote.’’’ (a) The coordinator of elections shall compare the statewide voter registration database with the department of safety database to ensure non-United States citizens are not registered to vote in this state. The coordinator of elections is authorized to compare the statewide voter registration database with relevant federal and state agencies and county records for the same purpose. If evidence exists that a particular registered voter is not a citizen of the United States, the coordinator of elections shall notify the county election commission where the person registered to vote that the registered voter may not be a citizen of the United States. (b) After receiving such notice, the county election commission shall send a notice to the registered voter inquiring whether the individual is eligible to be registered to vote. Any registered voter who receives the notice shall, within thirty (30) days of the receipt of such notice, provide proof of citizenship to the county election commission.	”
—Tenn. Code Ann. § 2-2-141

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Tennessee secretary of state’s office allows residents to check their voter registration status online by visiting this website.

Voter ID requirements

Tennessee requires voters to present photo identification while voting.

Voters can present the following forms of identification, even if expired:

• Tennessee driver’s license with photo
• United States passport
• Photo ID issued by the Tennessee Department of Safety and Homeland Security
• Photo ID issued by the federal or Tennessee state government
• United States Military photo ID
• Tennessee handgun carry permit with photo

First time voters who register by mail or online can not use an expired ID. If they do not have a currently valid ID, they may use the following to vote at the polls:

• A copy of a current utility bill
• Bank statement,
• Government check,
• Paycheck
• Other government document that shows the voter’s name and address.

The following voters are exempt from the photo ID requirements:

• Voters who vote absentee by mail
• Voters who are residents of a licensed nursing home or assisted living center and who vote at the facility
• Voters who are hospitalized
• Voters with a religious objection to being photographed
• Voters who are indigent and unable to obtain a photo ID without paying a fee

Voters can obtain a free photo ID from the Tennessee Department of Safety and Homeland Security at any participating driver service center. In order to receive an ID, a voter must bring proof of citizenship (such as a birth certificate) and two proofs of Tennessee residency (such as a voter registration card, a utility bill, vehicle registration or title, or bank statement). Visit the Tennessee Department of Safety and Homeland Security's Voter Photo ID page for more information.

See also

2026 ballot measures

View other measures certified for the 2026 ballot across the U.S. and in Tennessee.

• 2026 ballot measures
• Tennessee 2026 ballot measures
• Tennessee elections, 2026

Tennessee ballot measures

Explore Tennessee's ballot measure history, including constitutional amendments.

• List of Tennessee ballot measures
• Crime victims' rights ballot measures
• Tennessee State Legislature

Legislative process

Understand how measures are placed on the ballot and the rules that apply.

• Legislatively referred constitutional amendment
• Tennessee Constitution
• Amending state constitutions

External links

• House Joint Resolution 94 (2023-2024)

Footnotes

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