BILL REQ. #:  H-1947.1 

READ FIRST TIME 02/12/09.   

     AN ACT Relating to victim impact panels; amending RCW 46.61.5152; and adding a new section to chapter 10.01 RCW.

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

Sec. 1   RCW 46.61.5152 and 2006 c 73 s 17 are each amended to read as follows:
     In addition to penalties that may be imposed under RCW 46.61.5055, the court may require a person who is convicted of a nonfelony violation of RCW 46.61.502 or 46.61.504 or who enters a deferred prosecution program under RCW 10.05.020 based on a nonfelony violation of RCW 46.61.502 or 46.61.504, to attend an educational program, such as a victim impact panel, focusing on the emotional, physical, and financial suffering of victims who were injured by persons convicted of driving while under the influence of intoxicants. The program must meet the minimum standards established under section 2 of this act.

NEW SECTION.  Sec. 2   A new section is added to chapter 10.01 RCW to read as follows:
     (1)(a) Each court administration or the equivalent shall develop and maintain a registry of qualified victim impact panels. When imposing a requirement that an offender attend a victim impact panel under RCW 46.61.5152, the court shall refer the offender to a victim impact panel that is listed in the registry. Municipal, district, and superior courts may coordinate efforts to develop and maintain a registry for their judicial district.
     (b) Any person who reasonably believes that a victim impact panel has failed to meet the minimum standards in this section may report that to the court in writing. The court may remove from the registry any victim impact panel that fails to meet the minimum standards. The court may establish a process to receive and review complaints and conduct disciplinary procedures for victim impact panels.
     (2) To be listed among a court's registry, the victim impact panel must meet the following minimum standards:
     (a) The victim impact panel must address the effects of driving while impaired on individuals and families and address alternatives to drinking and/or drug use and driving;
     (b) The victim impact panel must have at least two different speakers who shall be victim survivors of DUI crashes and who were not the proximate cause of their victimization or crash, one of whom may be the panel facilitator, presenting their stories in person and providing at least sixty minutes of victim panel presentation, not including registration and administration time;
     (c) The victim impact panel shall have policies and procedures to recruit, screen, train, and provide feedback and ongoing support to the panelists. The panel shall take reasonable steps to verify the authenticity of each panelist's story;
     (d) The victim impact panel shall charge a reasonable fee to all persons required to attend, unless otherwise ordered by the court;
     (e) The victim impact panel shall have a no admittance policy for anyone under the influence of alcohol or drugs, or whose actions or behavior are otherwise inappropriate. The victim impact panel may institute additional admission requirements;
     (f) The victim impact panel shall maintain attendance records for at least five years;
     (g) The victim impact panel shall make reasonable efforts to use a facility that meets standards established by the Americans with disabilities act;
     (h) The victim impact panel shall provide referral information to other community services; and
     (i) The victim impact panel shall have a designated facilitator who is responsible for the compliance with these minimum standards and who is responsible for maintaining appropriate records and communication with the referring courts and probationary departments regarding attendance or nonattendance.