Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Judiciary Committee

HB 1476

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Title: An act relating to victims of crime.

Brief Description: Addressing the rights of crime victims.

Sponsors: Representatives Orcutt, Rolfes, McCune, Takko, Parker, Probst, Herrera, Johnson, Anderson and Kelley.

Brief Summary of Bill

  • Requires the presiding officer to inquire about the presence of victims during a criminal proceeding and to read a statement about crime victims' rights.

  • Requires the courts to provide fliers with a complete list of victims' rights.

Hearing Date: 2/9/09

Staff: Courtney Barnes (786-7194)

Background:

The Legislature has recognized the rights of crime victims, survivors of victims, and witnesses both statutorily and through the State Constitution. Crime victims, survivors of victims, and witnesses are recognized to have the right to respect, the right to be informed, the right to be present, and the right to be heard, as well as many other specifically enumerated rights.

The failure of a person to make a reasonable effort to ensure that crime victims, survivors of victims, and witnesses have the rights enumerated by statute and through the State Constitution does not result in civil liability against that person.

Summary of Bill:

During all criminal proceedings, the presiding officer is required to ask if there are any victims or survivors of victims present. Whether a victim is present in the courtroom or not, the presiding officer must read a scripted statement concerning the rights of crime victims, survivors of victims, and witnesses. The court is required to have fliers available outside the courtroom that provide a complete list of victims' rights.

Appropriation: None.

Fiscal Note: Requested on February 3, 2009.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.