SENATE BILL REPORT

SSB 6551

BYSenate Committee on Law & Justice (originally sponsored by Senators Pullen, Talmadge and Rasmussen; by request of Attorney General)

Changing the rights of victims, survivors, and witnesses of crimes.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 1, 1988

Majority Report:  That Substitute Senate Bill No. 6551 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; Halsan, Hayner, Madsen, Nelson, Niemi, Talmadge.

Senate Staff:Jeanne Cushman Scott (786-7461)

                  February 24, 1988

AS PASSED SENATE, FEBRUARY 11, 1988

BACKGROUND:

It is estimated that 50 percent of crimes committed are not reported.  Many people who do get involved in the criminal justice system as victims, survivors of victims, or as witnesses report they regret having become involved.  A means is sought to improve the plight of victims, survivors of victims and witnesses.

SUMMARY:

The rights of crime victims, survivors and witnesses are modified.  Crime victims, survivors of victims, and witnesses of crimes have the right to have any stolen or other personal property returned expeditiously unless the property is subject to evidentiary analysis or ownership is disputed or the property is illegal.  If property is not returned expeditiously, the owner may petition the court for return of the property.  Law enforcement officers taking possession of property shall inform the owner of the rights granted by this law.

Victims and survivors of victims shall have the following rights:  (1)  To be informed of the date, time, and place of the trial and of the sentencing hearing if the victim or survivor so requests, (2) to be physically present in court during trial and to be scheduled early in the proceedings if testifying, (3) to object to a pretrial interview conducted by a defendant not represented by counsel and to have such interview supervised by the court, (4) to have the court consider the victim's or survivor's privacy rights in records before granting any party access to the records, (5) to submit a victim impact statement to the court in noncapital felony cases, (6) to present a statement at the sentencing hearing for felony convictions, and (7) to entry of an order of restitution in felony cases, unless extraordinary circumstances exist making restitution inappropriate in the court's judgment.

The prosecuting attorney must make a reasonable effort to notify the victim, survivor, or representative of the sentencing or restitution hearing.

A reasonable effort must be made to ensure that victims, survivors of victims, and witnesses of crime have the following rights:  (1) to have a speedy trial to minimize the stress of involvement in the proceeding, (2) to be informed of the final disposition of the case, (3) when subpoenaed, to be notified in advance if proceedings will not take place as scheduled, (4) to receive protection from harm and threats of harm arising out of cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available, (5) to be informed of procedures for application and to receive witness fees to which they are entitled, (6) to have a secure waiting area during court proceedings out of close proximity to defendants and those associated with the defendants, (7) to appropriate employer intercession services to minimize loss of pay and other benefits resulting from court appearance, (8) to have access to immediate medical assistance, and (9) when being interviewed, to have a personal representative present and to have the interview conducted under mutually agreed upon time and place restrictions.

The definition of "survivor" or "survivors" is modified to include a person designated by the prosecuting attorney.

Reasonable efforts must be made to assure that child victims and witnesses are afforded the following rights:  (1) to have proceedings explained in easily understood language, (2) to have a secure waiting area with a support person present during any court proceedings, (3) to have identity protected, (4) to allow an advocate to make recommendations to the prosecuting attorney about the ability of the child to cooperate with prosecution and the potential effect of the proceedings on the child, (5) to allow an advocate to provide information to the court concerning the child's ability to understand the proceedings, (6) to information or referrals to appropriate social services, (7) to have an advocate present for emotional support when a child testifies in court, (8) to have the court apprised of the need for any other necessary support persons, (9) to allow law enforcement agencies to enlist the aid of other professional personnel trained in the interviewing of child victims.

No new cause of action or remedy against the state, its political subdivisions, law enforcement agencies, or prosecuting attorneys is granted.  Failure to ensure rights enumerated in this act shall not result in civil liability.

Technical corrections are made.  A severance clause is included.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Attorney General Ken Eikenberry; Linda Barker, Director of Program Services, Sunny von Beulow, National Victim Advocacy Center; Dan Eddy, National Association of Attorneys General; Larry Fehr, Washington Council on Crime and Delinquency; Mike Redman, WAPA