2348-S AMS TALM S4582

2348-S AMS TALM S4582.2

SHB 2348 - S AMD

By Senators Talmadge and Nelson

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature recognizes that the cooperation of child victims of sexual offenses and their families is integral to the successful prosecution of sexual offenses against children. The legislature finds that disclosure of information identifying child victims of sexual offenses may subject the child to unwanted contacts by the media, public scrutiny, and embarrassment. Disclosure of this information can also have a chilling effect on the willingness of child victims and their families to report sexual offenses and to cooperate with the investigation and prosecution of the crime. The legislature further finds that disclosure of the child victim's name and other identifying information is not essential to accurate and necessary release of information to the public concerning the operation of the criminal justice system."

"NEW SECTION. Sec. 2. A new section is added to chapter 10.04 RCW to read as follows:

(1) When a defendant is charged with a crime that is a violation of chapter 9A.44 or 9.68A RCW and the victim is less than eighteen years old, the court, on its own motion, or the motion of either the prosecuting attorney or defense attorney, may order that during any court proceedings the victim shall be referred to only by initials or such other designation as the court provides, and that the victim's identity shall not be stated in open court. The court may also provide that the identity and address of the victim in any investigative records or other documents offered or admitted into evidence at any of the court proceedings must first be deleted and replaced with initials or such other designation as the court provides.

(2) The court may refuse to issue an order under subsection (1) of this section only if the court makes a finding that the order would impair the defendant in presenting a defense."

"NEW SECTION. Sec. 3. A new section is added to chapter 10.46 RCW to read as follows:

(2) The court may refuse to issue an order under subsection (1) of this section only if the court makes a finding that the order would impair the defendant in presenting a defense."

"Sec. 4. RCW 13.40.140 and 1981 c 299 s 11 are each amended to read as follows:

(1) A juvenile shall be advised of his or her rights when appearing before the court.

(2) A juvenile and his or her parent, guardian, or custodian shall be advised by the court or its representative that the juvenile has a right to be represented by counsel at all critical stages of the proceedings. Unless waived, counsel shall be provided to a juvenile who is financially unable to obtain counsel without causing substantial hardship to himself or herself or the juvenile's family, in any proceeding where the juvenile may be subject to transfer for criminal prosecution, or in any proceeding where the juvenile may be in danger of confinement. The ability to pay part of the cost of counsel does not preclude assignment. In no case may a juvenile be deprived of counsel because of a parent, guardian, or custodian refusing to pay therefor. The juvenile shall be fully advised of his or her right to an attorney and of the relevant services an attorney can provide.

(3) The right to counsel includes the right to the appointment of experts necessary, and the experts shall be required pursuant to the procedures and requirements established by the supreme court.

(4) Upon application of a party, the clerk of the court shall issue, and the court on its own motion may issue, subpoenas requiring attendance and testimony of witnesses and production of records, documents, or other tangible objects at any hearing, or such subpoenas may be issued by an attorney of record.

(5) All proceedings shall be transcribed verbatim by means which will provide an accurate record.

(6) The general public and press shall be permitted to attend any hearing unless the court, for good cause, orders a particular hearing to be closed. The presumption shall be that all such hearings will be open.

(7) When a juvenile is alleged to have committed an offense that is a violation of chapter 9A.44 or 9.68A RCW and the victim is less than eighteen years old, the court, on its own motion, or the motion of either the prosecuting attorney, the juvenile court probation counselor, or the defense attorney, may order that during any court proceedings the victim shall be referred to only by initials or such other designation as the court provides, and that the victim's identity shall not be stated in open court. The court may also provide that the identity and address of the victim in any investigative records or other documents offered or admitted into evidence at any of the court proceedings must first be deleted and replaced with initials or such other designation as the court provides. The court may refuse to issue an order under this subsection only if the court makes a finding that the order would impair the alleged offender in presenting a defense.

(8) In all adjudicatory proceedings before the court, all parties shall have the right to adequate notice, discovery as provided in criminal cases, opportunity to be heard, confrontation of witnesses except in such cases as this chapter expressly permits the use of hearsay testimony, findings based solely upon the evidence adduced at the hearing, and an unbiased fact-finder.

(((8))) (9) A juvenile shall be accorded the same privilege against self-incrimination as an adult. An extrajudicial statement which would be constitutionally inadmissible in a criminal proceeding may not be received in evidence at an adjudicatory hearing over objection. Evidence illegally seized or obtained may not be received in evidence over objection at an adjudicatory hearing to prove the allegations against the juvenile if the evidence would be inadmissible in an adult criminal proceeding. An extrajudicial admission or confession made by the juvenile out of court is insufficient to support a finding that the juvenile committed the acts alleged in the information unless evidence of a corpus delicti is first independently established in the same manner as required in an adult criminal proceeding.

(((9))) (10) Waiver of any right which a juvenile has under this chapter must be an express waiver intelligently made by the juvenile after the juvenile has been fully informed of the right being waived.

(((10))) (11) Whenever this chapter refers to waiver or objection by a juvenile, the word juvenile shall be construed to refer to a juvenile who is at least twelve years of age. If a juvenile is under twelve years of age, the juvenile's parent, guardian, or custodian shall give any waiver or offer any objection contemplated by this chapter."

"NEW SECTION. Sec. 5. A new section is added to chapter 42.17 RCW to read as follows:

Information revealing the identity of child victims of sexual offenses who are under age eighteen is confidential and not subject to public disclosure. Identifying information means the child victim's name, address, location, photograph, and in cases in which the child victim is a relative or stepchild of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator. Sexual offenses include violations of chapters 9A.44 and 9.68A RCW."

SHB 2348 - S AMD

By Senators Talmadge and Nelson

In line 2 of the title, after "abuse;" strike the remainder of the title and insert "amending RCW 13.40.140; adding a new section to chapter 10.04 RCW; adding a new section to chapter 10.46 RCW; adding a new section to chapter 42.17 RCW; and creating a new section."