SENATE BILL REPORT

SB 5172

BYSenators Talmadge, Nelson, Halsan, Hayner, Newhouse and Moore

Revising provisions relating to victims and witnesses of crimes.

Senate Committee on Judiciary

Senate Hearing Date(s):January 28, 1987

Majority Report:  Do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; Bottiger, McCaslin, Nelson, Newhouse.

Senate Staff:Carolyn J. Mayer (786-7418)

                  April 14, 1987

AS PASSED SENATE, FEBRUARY 12, 1987

BACKGROUND:

Until June 30, 1987, whenever a person is found guilty of a crime or whenever a person accused of a crime posts bail, and thereafter forfeits such bail, penalty assessments are imposed, a portion of which is paid into a fund maintained for the support of comprehensive programs to encourage and facilitate testimony by victims and witnesses of crimes.  After June 30, 1987, penalty assessments cease and each county or city is required to continue to provide for such comprehensive programs.

Whenever restitution is ordered as part of a sentence pursuant to a criminal conviction, such restitution is to be based upon easily ascertainable damages for injury to or loss of property, actual medical expenses, and lost wages, but not upon intangible losses such as pain and suffering or mental anguish.

SUMMARY:

Comprehensive victim- witness assistance programs are continued.  The basis for determining the amount of restitution to be paid by a convicted offender shall include the cost of counseling when it is reasonably related to the offense committed.

Fiscal Note:      requested

Senate Committee - Testified: Seth Dawson, Washington Association of Prosecuting Attorneys; Diane Oberquell, Families and Friends of Crime Victims and Missing Persons

HOUSE AMENDMENTS:

Whenever a defendant pays court-ordered restitution and the victim entitled to receive it cannot be found or has died, the clerk of the court shall deposit the money payable to the victim with the county treasurer who shall then transmit the money to the State Treasurer for deposit.

The standard of proof required to be met before a victim of vehicular homicide or vehicular assault is entitled to compensation benefits is lowered from a conviction to a preponderance of the evidence that the victim's injury or death was caused by an offender guilty of either of those crimes.

Except for authorized medical benefits, no more than $10,000 may be granted as compensation from the Department of Labor and Industries for permanent partial disability resulting from a single injury.  Benefits for permanent total disability or death resulting from a single injury shall not exceed $15,000.  If an individual's injury has been adjudicated as a permanent partial disability and later readjudicated as a permanent total disability, that person may receive up to a total of $15,000 in benefits, inclusive of all sums received for that injury before the readjudication.