H-0039.2 _______________________________________________
HOUSE BILL 1160
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Representatives R. Johnson, Ballasiotes, Padden, Long, Fuhrman, Campbell, Kremen, Brough, Jones, Quall, Pruitt, Rayburn, Sheahan, Horn, Brumsickle, Van Luven, Talcott, Lisk, Edmondson, Mielke, King, Miller, Wood, Foreman, Sehlin and Silver
Read first time 01/18/93. Referred to Committee on Judiciary.
AN ACT Relating to crime victims; and amending RCW 7.69.030 and 7.69A.030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 7.69.030 and 1985 c 443 s 3 are each amended to read as follows:
There shall be a reasonable effort made to ensure that victims, survivors of victims, and witnesses of crimes have the following rights:
(1) To receive, at the time of reporting the crime to law enforcement officials, or if not practical at the time of reporting within fourteen days of such reporting, a written statement of the rights of crime victims, survivors, and witnesses provided for by law and enumerated in this section, and a statement of the rights of child victims and witnesses enumerated in RCW 7.69A.030 if the victim or witness is a child. The written statement shall include the name, address, and telephone number of the county crime victim/witness program;
(2) To be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim, survivor, or witness is involved;
(((2))) (3)
To be notified by the party who issued the subpoena that a court proceeding to
which they have been subpoenaed will not occur as scheduled, in order to save
the person an unnecessary trip to court;
(((3))) (4)
To receive protection from harm and threats of harm arising out of cooperation
with law enforcement and prosecution efforts, and to be provided with
information as to the level of protection available;
(((4))) (5)
To be informed of the procedure to be followed to apply for and receive any
witness fees to which they are entitled;
(((5))) (6)
To be provided, whenever practical, a secure waiting area during court
proceedings that does not require them to be in close proximity to defendants
and families or friends of defendants;
(((6))) (7)
To have any stolen or other personal property expeditiously returned by law
enforcement agencies or the superior court when no longer needed as evidence.
When feasible, all such property, except weapons, currency, contraband,
property subject to evidentiary analysis, and property of which ownership is
disputed, shall be photographed and returned to the owner within ten days of
being taken;
(((7))) (8)
To be provided with appropriate employer intercession services to ensure that
employers of victims, survivors of victims, and witnesses of crime will
cooperate with the criminal justice process in order to minimize an employee's
loss of pay and other benefits resulting from court appearance;
(((8))) (9)
To access to immediate medical assistance and not to be detained for an
unreasonable length of time by a law enforcement agency before having such
assistance administered. However, an employee of the law enforcement agency
may, if necessary, accompany the person to a medical facility to question the
person about the criminal incident if the questioning does not hinder the
administration of medical assistance;
(((9))) (10)
With respect to victims and survivors of victims, to have a crime victim
advocate or other support person present at investigative interviews whenever
practical and without causing any unnecessary delay in the investigation of the
case or the apprehension of suspects, and any pretrial conferences involving
the victim or the victim's survivor;
(11) With respect to victims and survivors of victims, to be physically present in court during trial, or if subpoenaed to testify, to be scheduled as early as practical in the proceedings in order to be physically present during trial after testifying and not to be excluded solely because they have testified;
(((10))) (12)
With respect to victims and survivors of victims, to be informed by the
prosecuting attorney of the date, time, and place of the trial and of the
sentencing hearing for felony convictions upon request by a victim or survivor;
(((11))) (13)
To submit a victim impact statement or report to the court, with the assistance
of the prosecuting attorney if requested, which shall be included in all
presentence reports and permanently included in the files and records
accompanying the offender committed to the custody of a state agency or
institution;
(((12))) (14)
With respect to victims and survivors of victims, to present a statement
personally or by representation, at the sentencing hearing for felony
convictions; and
(((13))) (15)
With respect to victims and survivors of victims, to entry of an order of
restitution by the court in all felony cases, even when the offender is
sentenced to confinement, unless extraordinary circumstances exist which make
restitution inappropriate in the court's judgment.
Sec. 2. RCW 7.69A.030 and 1985 c 394 s 3 are each amended to read as follows:
In addition to the rights of victims and witnesses provided for in RCW 7.69.030, there shall be every reasonable effort made by law enforcement agencies, prosecutors, and judges to assure that child victims and witnesses are afforded the rights enumerated in this section. The enumeration of rights shall not be construed to create substantive rights and duties, and the application of an enumerated right in an individual case is subject to the discretion of the law enforcement agency, prosecutor, or judge. Child victims and witnesses have the following rights:
(1) To have explained in language easily understood by the child, all legal proceedings and/or police investigations in which the child may be involved.
(2) To have a crime victim advocate or other support person present at investigative interviews and pretrial conferences involving the child victim or witness.
(3) To be provided, whenever possible, a secure waiting area during court proceedings and to have an advocate or support person remain with the child prior to and during any court proceedings.
(((3))) (4)
To not have the names, addresses, nor photographs of the living child victim or
witness disclosed by any law enforcement agency, prosecutor's office, or state
agency without the permission of the child victim, child witness, parents, or
legal guardians to anyone except another law enforcement agency, prosecutor,
defense counsel, or private or governmental agency that provides services to
the child victim or witness.
(((4))) (5)
To allow an advocate to make recommendations to the prosecuting attorney about
the ability of the child to cooperate with prosecution and the potential effect
of the proceedings on the child.
(((5))) (6)
To allow an advocate to provide information to the court concerning the child's
ability to understand the nature of the proceedings.
(((6))) (7)
To be provided information or appropriate referrals to social service agencies
to assist the child and/or the child's family with the emotional impact of the
crime, the subsequent investigation, and judicial proceedings in which the
child is involved.
(((7))) (8)
To allow an advocate to be present in court while the child testifies in order
to provide emotional support to the child.
(((8))) (9)
To provide information to the court as to the need for the presence of other
supportive persons at the court proceedings while the child testifies in order
to promote the child's feelings of security and safety.
(((9)))
(10) To allow law enforcement agencies the opportunity to enlist the
assistance of other professional personnel such as child protection services,
victim advocates or prosecutorial staff trained in the interviewing of the
child victim.
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