HOUSE BILL REPORT
SSB 6551
BYSenate Committee on Law & Justice (originally sponsored by Senators Pullen, Talmadge and Rasmussen; by request of Attorney General)
Changing the rights of victims, survivors, and witnesses of crimes.
House Committe on Judiciary
Majority Report: Do pass with amendments. (13)
Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, P. King, Lewis, Meyers, Padden, Patrick, Schmidt, Wang and Wineberry.
Minority Report: Do not pass. (1)
Signed by Representative Belcher.
House Staff:Harry Reinert (786-7110)
AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 22, 1988
BACKGROUND:
Local law enforcement agencies and prosecuting attorneys have an obligation to make a reasonable effort to inform victims, survivors of victims, and witnesses of crime of the final disposition of the case. The party who issues a subpoena should notify the person subpoenaed of any changes in the court schedule to reduce unnecessary trips. Victims, survivors, and witnesses are entitled to protection from threats arising out of assistance to law enforcement and prosecuting authorities. They should also be given assistance in applying for witness fees. A secure waiting area should be provided when practical. Stolen or other personal property should be returned as expeditiously as possible when it is no longer needed as evidence. With certain exceptions, property should be photographed and returned within 10 days. Employer intercession services should be provided to minimize the person's loss of pay or other benefits that might result from a court appearance. Law enforcement officials should allow access to medical assistance as soon as possible.
Victims and survivors of witnesses should be allowed to be physically present in court and should be called to testify as soon as possible. If they request, they should also be notified of the date, time, and place of the trial and the sentencing hearing on a felony conviction. A victim or survivor of a victim should be allowed to submit a victim impact statement to the court, with assistance from the prosecuting attorney. They should also be allowed to present a statement at the time of sentencing. Restitution should also be ordered in all felony cases unless extraordinary circumstances exist making restitution inappropriate.
Special provisions are made for child witnesses and victims, in addition to the rights given adult victims, survivors, and witnesses.
A criminal defendant who appeals a conviction must be released pending the appeal. The court may impose conditions on the release, including the posting of a bail bond.
Criminal defendants may not use the rights granted to victims, survivors, or witnesses as a basis for appeal. No new cause of action is granted by the rights established. The failure of a person to provide a victim or survivor with any of the rights to which he or she is entitled does not result in civil liability.
The public safety and education account is funded by an assessment on persons who commit traffic infractions, and a portion of fines, fees, and forfeitures in criminal cases. The account is used to pay for traffic safety education, crime victims compensation, judicial education, and related activities.
SUMMARY:
BILL AS AMENDED: The rights of crime victims, survivors and witnesses are modified. Crime victims, survivors of victims, and witnesses of crimes have the right to have any stolen or other personal property returned expeditiously unless the property is subject to evidentiary analysis or ownership is disputed or the property is illegal. If property is not returned expeditiously, the owner may petition the court for return of the property. A law enforcement officer taking possession of property must inform the owner of his or her right to have the property returned.
Victims and survivors of victims have the following rights: (1) To be informed of the date, time, and place of the trial and of the sentencing hearing if the victim or survivor so requests, (2) to be physically present in court during trial and to be scheduled early in the proceedings if testifying, (3) to object to any pretrial interview of the victim conducted by a pro se defendant and to have the interview supervised by the court, (4) to have the court consider the victim's or survivor's privacy rights in records before granting any party access to the records, (5) in noncapital felony cases, to submit a victim impact statement, (6) to present a statement at the sentencing hearing for felony convictions, and (7) to entry of an order of restitution in felony cases, unless extraordinary circumstances exist making restitution inappropriate in the court's judgment.
At the sentencing or restitution hearing, the court must determine whether notice of the hearing was sent to the victim. If the prosecutor is unable to certify that the notice was sent, the hearing must be rescheduled and notice sent to the victim.
A reasonable effort must be made to ensure that victims, survivors of victims, and witnesses of crime have the following rights: (1) to have a speedy trial to minimize the stress of involvement in the proceeding. The court may take into account the impact on the victim or survivor in determining whether to permit a continuance; (2) to be informed of the final disposition of the case; (3) when subpoenaed, to be notified in advance if proceedings will not take place as scheduled; (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; (5) to be informed of procedures to receive witness fees to which they are entitled; (6) to have a secure waiting area during court proceedings out of close proximity to defendants and those associated with the defendants; (7) to appropriate employer intercession services to minimize loss of pay and other benefits resulting from court appearance; (8) to have access to immediate medical assistance; and (9) when being interviewed, to have a personal representative present and to have the interview conducted under mutually agreed upon time and place restrictions.
The definition of "survivor" or "survivors" is modified to include a person designated by the prosecuting attorney.
The sentence of a criminal defendant on appeal may be stayed only if the defendant's release does not pose a danger to the victim and the defendant has undertaken to pay financial obligations, including restitution.
The Department of Labor and Industries is directed to study the needs of local prosecutors for assistance in implementing the rights of victims. The report must be made by December 1, 1988.
Appropriations for crime victims rights implementation may be made from the public safety and education account.
AMENDED BILL COMPARED TO SUBSTITUTE: One amendment clarifies that the victim may object only to interviews of the victim by a pro se defendant. Another amendment provides for a study of local crime victims assistance programs and authorizes appropriations from the public safety education account to pay for the local programs. A third amendment provides that a sentence of a defendant pending appeal will not be stayed if the defendant's release poses a danger to the victim or if the defendant has not undertaken to meet financial obligations. A fourth amendment eliminates a repealer of a section amended elsewhere in the bill.
Fiscal Note: Requested January 29, 1988.
House Committee ‑ Testified For: Ken Eikenberry, Attorney General; Mike Redman, WAPA; Larry Fehr, WCCD; Dianne Oberquell, Family and Friends of Missing Persons & Violent Crime Victims; Gary Edwards, Thurston County Sheriff.
House Committee - Testified Against: None Presented.
House Committee - Testimony For: The cooperation of victims of crime is fundamental to the successful operation of the criminal justice system. The current statutory rights of crime victims need to be strengthened to assure that the criminal justice system considers the needs of crime victims.
House Committee - Testimony Against: None Presented.