Tennessee General Assembly passes Victim Life Photo Bill

25th Judicial District Attorney Mike Dunavant is proud to announce the Tennessee General Assembly passed legislation to allow an “appropriate photograph” of a homicide victim prior to his or her murder to be shown during trial.  House Bill 1342, sponsored by Representative Terri Lynn Weaver, passed by a vote of 87-1, and Senate Bill 933, sponsored by Senator Janice Bowling, passed by a vote of 27-1. It now goes to Governor Haslam for his signature into law.   
For decades, it was a common practice for prosecutors to introduce into evidence a reasonable likeness of the victim prior to her murder in addition to crime scene photos. However, due to recent high-court rulings, trial judges now do not allow the practice for fear of having a verdict overturned. The result of this trend was murder trials in which the only “presence” allowed for the victim is the image of her body – or remaining portions of it – at the crime scene.
The actions by our legislators will change that trend and guarantee murder victims will have the same rights as other victims of crime in Tennessee.
“It is appropriate that this long-awaited victory for victim rights comes during Victims’ Rights Week,” said Verna Wyatt, co-founder and executive director of Tennessee Voices for Victims. “We appreciate Representative Weaver and Senator Bowling, who sponsored the Victim Life Photo Bill. We especially thank the district attorneys, who have been champions throughout this effort, and are our champions every day. Lastly, we recognize the families and friends of murder victims in Tennessee who have dedicated themselves to this issue.”
Tennessee voters enacted the “Victims’ Bill of Rights” in 1998, guaranteeing victims the right to be present at all critical stages of the criminal justice process where the accused has a right to be present. As prosecutors, we are obligated to seek justice, and we know that a victim’s voice must be heard. Because victims of murder cannot speak on their own behalf, they should at least be seen.
“The process of ensuring victim rights will continue,” said Guy Jones, deputy director of the Tennessee District Attorneys General Conference, which coordinated a two-year effort to get the legislature to set the newly passed policy. “The statute that was passed today is based on a statute in Oklahoma that has been reviewed and upheld in the courts. We look forward to the good it will do here in Tennessee.”