S-460                 _______________________________________________

                                                   SENATE BILL NO. 3199

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Talmadge and Granlund

Read first time 1/21/85 and referred to Committee on Judiciary.

AN ACT Relating to child victims and witnesses of crime; amending RCW 7.69.020; adding new sections to chapter 7.69 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The legislature reaffirms its statement of intent with respect to victims and witnesses of crime set forth in RCW 7.69.010 and, to the extent specified in sections 3 and 4 of this act, its applicability to child victims and witnesses.  The legislature further finds that it is necessary to provide child victims and witnesses and their families with additional consideration and different treatment than that afforded to adults.  Accordingly, the legislature intends that such children are to be accorded additional rights and protections during their involvement in the criminal justice system.

        Sec. 2.  Section 2, chapter 145, Laws of 1981 and RCW 7.69.020 are each amended to read as follows:

          Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Crime" means an act committed by an adult or juvenile in this state which, if committed by a competent adult person, would constitute a crime as provided in either federal, state, or local statute.

          (2) "Family member" means spouse, child, parent, or legal guardian.

          (3) "Victim" means a person against whom a crime has been committed.

          (4) "Witness" means a person who has been or is expected to be summoned to testify for the prosecution in a criminal action, or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution, whether or not an action or proceeding has been commenced.

(5) "Child" means a person who is less than sixteen years of age.

(6) "Advocate" means a person authorized by the prosecuting attorney to provide services during a criminal investigation and prosecution to a child victim or witness, the child's family, and the court.

NEW SECTION. Sec. 3.     There shall be a reasonable effort made to assure that child victims and witnesses of crimes are provided the following rights:

          (1) An explanation, in language understood by the child, of all investigative procedures and criminal prosecutions in which the child may be involved;

          (2) Advice to the prosecuting attorney by an advocate concerning the ability of the child victim or witness to cooperate with an investigation or prosecution and the potential effect of the proceeding on the child;

          (3) Advice to the court by an advocate concerning the child's ability to understand the nature of the proceedings and questions;

          (4) The presence of an advocate to provide support to the child and the child's family prior to and during criminal investigations and prosecutions, including testimony at trial;

          (5) Advice to the court by an advocate concerning the need for the presence of the child's family members or other persons during the child's involvement in criminal investigations or prosecutions;

          (6) Information about and referrals to appropriate social service programs to assist the child and the child's family in coping with the emotional impact of a crime, criminal investigation, or prosecution;

          (7) Reasonable steps to protect a child and the child's family members from intimidation by a defendant during the course of the child's testimony;

          (8) Reasonable steps to protect the child from intimidation by counsel during the course of the child's testimony, including but not limited to the location from which questions are asked and the manner in which questions are asked.

NEW SECTION. Sec. 4.     In addition to the rights specified in section 3 of this act, a child victim or witness and the child's family members have the rights specified in RCW 7.69.030.

NEW SECTION. Sec. 5.     Sections 3 and 4 of this act are each added to chapter 7.69 RCW.