Marsy’s Law in Ohio: Victim Rights, Restitution, and Enforcement

Marsy’s Law in Ohio is a constitutional amendment, codified as Article I, Section 10a of the Ohio Constitution, that gives crime victims ten enforceable rights during the criminal justice process, from investigation through sentencing and after. It took effect on February 5, 2018, and puts victim protections on the same constitutional footing as the rights of the accused.¹² Some of those rights apply automatically. Others turn on only after you ask for them in writing, which is the single most important thing to know if a crime has been committed against you.

The Ten Rights Section 10a Guarantees

Section 10a lists ten specific protections. The constitution requires that they be “protected in a manner no less vigorous than the rights afforded to the accused,” meaning a judge cannot treat them as secondary to the defendant’s procedural rights.²

To be treated with fairness, safety, dignity, and privacy at every stage of the process.
To reasonable and timely notice of every public proceeding involving the offense, upon request.
To be present at all public proceedings and to be heard at any hearing involving release, plea, sentencing, disposition, or parole.
To reasonable protection from the accused or anyone acting on the accused’s behalf.
To reasonable notice of the accused’s release or escape from custody, upon request.
To refuse an interview, deposition, or other discovery request from the defense, except when a court orders disclosure under the accused’s Article I, Section 10 rights.
To full and timely restitution from the person who committed the crime.
To proceedings free from unreasonable delay and to a prompt final conclusion.
To confer with the prosecutor, upon request.
To be informed of all of these rights in writing.

Several of these, notice of hearings, notice of release, and conferral with the prosecutor, only come into play if you request them. Silence counts as a waiver, though you can change your mind and request them later in the case.³

Who Counts as a Victim

Section 10a defines a victim as a person against whom the offense or delinquent act was committed, or someone directly and proximately harmed by it. That reaches physical injuries, emotional harm, and financial losses, so long as the harm connects directly to the offense.²

If the victim is a minor, incapacitated, or deceased, a family member or other representative can exercise the rights on the victim’s behalf. A court can disqualify a representative who would not act in the victim’s best interests, and the accused cannot serve as a representative under any circumstance. The same protections apply whether the offender is an adult facing criminal charges or a juvenile in a delinquency proceeding.²

How to Request Your Rights

The mechanism for turning on the request-based rights is a standardized document called the victim’s rights request form. Under Ohio Revised Code 2930.04, the Ohio Attorney General publishes a sample form and distributes it to law enforcement agencies, prosecutors, and victim services organizations statewide. The form is available in English, Spanish, and Arabic, with other languages on request. Any agency can use the Attorney General’s version or its own, as long as the statutory information is included.³

The form collects your contact information (address, phone, email), lets you check which rights you want to exercise, and lets you designate a victim’s representative to receive notices on your behalf. There is also a section for requesting interpretation services. The responding officer or the prosecutor typically hands it to you at the first point of contact, and you can download it from the Attorney General’s website.

Keep your contact information current. Address, phone, and email are how the court and prosecutor reach you with hearing dates, plea offers, and release notifications. Submit an updated form whenever any of that changes; without it, the system has no reliable way to keep you informed.

Staying Informed About the Offender

Ohio uses VINE, short for Victim Information and Notification Everyday, for real-time custody alerts. Once you register, the system notifies you automatically when the offender is released, transferred, or escapes. Alerts come by phone, email, text, or TTY, and the service runs around the clock. Registration is free through VINELink.com.⁴

VINE supplements, rather than replaces, the notice rights you request through the victim’s rights request form. The form triggers notice from the court and the prosecutor about hearings and case events. VINE gives you custody updates from jails and prisons. Using both gives the fullest picture of where the offender is and what is happening in the case.

Restitution and State Compensation

Marsy’s Law guarantees “full and timely restitution” at the constitutional level. The details come from Ohio Revised Code 2929.18. At sentencing, the court orders the offender to pay an amount not exceeding the economic loss you actually suffered as a direct result of the crime. You, the prosecutor, and the offender may all present information on the amount, and if anyone disputes it, the court holds a separate hearing and decides by a preponderance of the evidence. The court cannot discharge the obligation until the offender pays in full.⁵

Restitution depends on the offender having assets. When it stalls, the constitutional “timely” language gives you leverage to push the court, but it does not create funds where none exist.

A separate track, crime victim compensation, comes from the state rather than the offender. Ohio’s program, run through the Court of Claims with initial decisions made by the Attorney General’s office, provides up to $50,000 for out-of-pocket expenses tied to violent crime that are not covered by insurance or another source. To qualify, you must file a police report and cooperate with law enforcement. The program excludes the person who committed the crime, victims whose own misconduct contributed significantly to their injuries, and applicants with certain serious criminal histories. Family members of injured or deceased victims may also apply. Information is available from the Attorney General at 1-877-584-2846.⁶

Enforcing Your Rights When They Are Violated

If one of your Section 10a rights has been ignored, you have constitutional standing to act. You, your attorney, or the prosecutor at your request can file a motion in the trial court asking for a remedy. Depending on what went wrong, that could mean reopening a sentencing hearing, vacating a plea reached without your input, or compelling notice that should have been provided earlier.⁷

The timeline is short. Under ORC 2930.19, the trial court must hear the matter within ten days of the victim asserting the right. If the court denies relief, you have fourteen days to file an interlocutory appeal to the court of appeals. Filing that appeal pauses the trial court’s jurisdiction over the portion of the case involving your rights until the appellate court rules.⁷

One firm limit: the amendment states that it does not create any cause of action for money damages against the state, its political subdivisions, or any government employee. Enforcement happens inside the criminal case. You cannot sue the government for failing to protect your Section 10a rights.²

Address Confidentiality for Certain Victims

Victims of domestic violence, stalking, human trafficking, rape, or sexual battery can face safety risks that outlast the case. Ohio’s Address Confidentiality Program, under ORC 111.42, lets qualifying victims keep their home address out of public records. Applicants must be adults (or a parent or guardian applying for a minor or incapacitated person) who live, work, or attend school in Ohio and fear for their safety because of one of those offenses. Registered sex offenders are excluded.⁸

You apply through the Secretary of State’s office with a trained application assistant, usually a victim advocate. Once certified, the Secretary of State designates your real address as confidential and issues a substitute address you can use for government records, voter registration, and other official purposes. Mail sent to the substitute address is forwarded to you. Certification lasts four years and is renewable. Notify the Secretary of State within thirty days of any change to your information; certification can be canceled if you become unreachable for sixty days or more.⁸

When Federal Rules Apply Instead

Marsy’s Law governs Ohio state prosecutions. If the offense is a federal crime prosecuted in federal court, Ohio’s amendment does not apply. Instead, the federal Crime Victims’ Rights Act, 18 U.S.C. § 3771, provides a comparable set of protections, including notice, the right to be heard, restitution, and proceedings free from unreasonable delay. The federal statute also covers things the Ohio amendment does not explicitly address, such as notice of plea bargains and deferred prosecution agreements.⁹

1
Ballotpedia. Ohio Issue 1, Marsy Law Crime Victim Rights Initiative (2017)
2
Ohio Legislative Service Commission. Ohio Constitution Article I – Bill of Rights – Section: Article I, Section 10a Rights of Victims of Crime
3
Ohio Legislative Service Commission. Ohio Revised Code 2930.04
4
Ohio Attorney General. Victim Notification
5
Ohio Legislative Service Commission. Ohio Revised Code 2929.18 – Financial Sanctions – Felony
6
Ohio Court of Claims. Crime Victims Compensation
7
Ohio Legislative Service Commission. Ohio Revised Code 2930.19 – Victim Standing to Assert Rights or Challenge Denial of Rights; Right to Appeal
8
Ohio Legislative Service Commission. Ohio Revised Code 111.42 – Address Confidentiality Program
9
Office of the Law Revision Counsel. 18 USC 3771 – Crime Victims Rights