S-3975.1  _______________________________________________

                         SENATE BILL 6335

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senators Rasmussen, Long, Winsley, Goings, Hale, Fairley, Wood, Haugen, Sheldon, A. Anderson, Fraser, Thibaudeau, McAuliffe, Franklin, Drew, Prentice, Kohl, Loveland, Spanel and Smith

Read first time 01/11/96.  Referred to Committee on Law & Justice.

Protecting victims from severe distress during legal proceedings.

    AN ACT Relating to testimony of victims in legal proceedings; and adding a new section to chapter 9A.44 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 9A.44 RCW to read as follows:

    On a motion of the prosecuting attorney in a proceeding relating to assault in the first, second, or third degree and involving domestic violence under chapter 10.99 RCW or relating to a sex offense under this chapter, a court may require a defendant who is an attorney pro se to submit in writing questions to be asked of the victim by standby counsel, if:

    (1) The defendant retains actual control over the case the defendant chooses to present to the jury;

    (2) The jury's perception that the defendant is self-represented is not destroyed;

    (3) The court finds by substantial evidence in a hearing conducted outside the presence of the jury that requiring the victim to testify under cross-examination by the defendant will impose severe emotional or mental distress; and

    (4) The court finds that no less restrictive method of obtaining the testimony exists that can adequately protect the victim from serious emotional or mental distress.

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