AN ACT Relating to crime victims, survivors, and witnesses; amending RCW 7.69.020, 7.69.040, 7.69.050, and 7.69A.030; adding new sections to chapter 7.69 RCW; and repealing RCW 7.69.030.

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

NEW SECTION. Sec. 1. A new section is added to chapter 7.69 RCW to read as follows:

Victims, survivors of victims, and witnesses of crimes shall have the right to have any stolen or other personal property returned by law enforcement agencies or the court. All such property, except weapons, contraband, property subject to evidentiary analysis, and property of which ownership is disputed, shall be photographed and expeditiously returned to the owner when no longer needed for evidentiary purposes. Upon return of the property, the owner shall complete an affidavit declaring that any photographs taken of his or her property accurately depict that property. If that property is not so returned, the owner may petition the court for return of the property. Law enforcement officers taking possession of such property shall inform the property owner of his or her rights under this section.

NEW SECTION. Sec. 2. A new section is added to chapter 7.69 RCW to read as follows:

Victims and survivors of victims of crimes shall have the following rights:

(1) To be informed by the prosecuting attorney of the date, time, and place of the trial and of the sentencing hearing for felony convictions upon request by a victim or survivor;

(2) To be physically present in court during trial, or if subpoenaed to testify, to be scheduled as early as practical in the proceedings in order to be physically present during trial;

(3) To have the court take appropriate action to ensure a speedy trial in order to minimize the length of time the victim or survivor must endure the stress of involvement in the proceeding. In ruling on any motion or other request for a delay or a continuance of the proceedings, the court shall consider and give weight to any adverse impact the delay or continuance may have on the well-being of the victim or survivor;

(4) To object to a pretrial interview conducted by a pro se defendant. If such objection is made, the court shall appoint an attorney to represent the defendant only for the purpose of conducting such pretrial interview, notwithstanding any court rule;

(5) To have the court consider and give weight to the victim's or survivor's privacy rights in records including, but not limited to, school, personnel, medical, and counseling records, before granting any party access to the records of the victim or survivor of the victim;

(6) In felony cases, to submit a victim impact statement or report to the court, with the assistance of the prosecuting attorney if requested, which shall be included in all presentence reports and permanently included in the files and records accompanying the offender committed to the custody of a state agency or institution;

(7) To present a statement personally or by representation, at the sentencing hearing for felony convictions; and

(8) To the entry of an order of restitution by the court in all felony cases, even when the offender is sentenced to confinement, unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment.

NEW SECTION. Sec. 3. A new section is added to chapter 7.69 RCW to read as follows:

At a sentencing or restitution hearing of a convicted defendant, the sentencing judge shall, on the record, ascertain whether notice of the sentencing or restitution hearing was sent to the victim, survivor, or a representative of the victim or survivor. If the prosecuting attorney can not certify on the record that he or she made a reasonable effort to notify the victim, survivor, or representative, the sentencing or restitution hearing shall be rescheduled and notification sent to the victim, survivor, or representative.

NEW SECTION. Sec. 4. A new section is added to chapter 7.69 RCW to read as follows:

A reasonable effort shall be made to ensure that victims, survivors of victims, and witnesses of crimes have the following rights:

(1) To be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim, survivor, or witness is involved;

(2) To be notified by the party who issued the subpoena that a court proceeding to which they have been subpoenaed will not occur as scheduled, in order to save the person an unnecessary trip to court;

(3) 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;

(4) To be informed of the procedure to be followed to apply for and receive any witness fees to which they are entitled;

(5) To be provided, whenever practical, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families or friends of defendants;

(6) To be provided with appropriate employer intercession services to ensure that employers of victims, survivors of victims, and witnesses of crime will cooperate with the criminal justice process in order to minimize an employee's loss of pay and other benefits resulting from court appearance;

(7) To access to immediate medical assistance and not to be detained for an unreasonable length of time by a law enforcement agency before having such assistance administered. However, an employee of the law enforcement agency may, if necessary, accompany the person to a medical facility to question the person about the criminal incident if the questioning does not hinder the administration of medical assistance; and

(8) To have a person of her or his own choice present when being interviewed by a defense attorney, defense investigator, or prosecuting attorney, to have the interview conducted in a place mutually agreed upon by the persons involved, and for a reasonable duration, considering particularly the age of the victim.

Sec. 5. Section 2, chapter 145, Laws of 1981 as amended by section 2, chapter 443, Laws of 1985 and RCW 7.69.020 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Crime" means an act punishable as a felony, gross misdemeanor, or misdemeanor under the laws of this state or equivalent federal or local law.

(2) "Survivor" or "survivors" of a victim of crime means a spouse, child, parent, legal guardian, sibling, ((or)) grandparent, or person designated by the prosecuting attorney. If there is more than one survivor of a victim of crime, one survivor shall be designated by the prosecutor to represent all survivors for purposes of providing the notice to survivors required by this chapter.

(3) "Victim" means a person against whom a crime has been committed or the representative of a person against whom a crime has been committed.

(4) "Victim impact statement" means a statement submitted to the court by the victim or a survivor, individually or with the assistance of the prosecuting attorney if assistance is requested by the victim or survivor, which may include but is not limited to information assessing the financial, medical, social, and psychological impact of the offense upon the victim or survivors.

(5) "Witness" means a person who has been or is expected to be summoned to testify for the prosecution in a criminal action, or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution, whether or not an action or proceeding has been commenced.

Sec. 6. Section 4, chapter 443, Laws of 1985 and RCW 7.69.040 are each amended to read as follows:

For purposes of this chapter, a victim who is incapacitated or otherwise incompetent shall be represented by a parent or present legal guardian, or if none exists, by a representative designated by the prosecuting attorney without court appointment or legal guardianship proceedings. Any victim may designate another person as the victim's representative for purposes of the rights enumerated in ((~~RCW 7.69.030~~)) this chapter.

Sec. 7. Section 5, chapter 443, Laws of 1985 and RCW 7.69.050 are each amended to read as follows:

Nothing contained in this chapter may be construed to provide grounds for error in favor of a criminal defendant in a criminal proceeding, nor may anything in this chapter be construed to grant a new cause of action or remedy against the state, its political subdivisions, law enforcement agencies, or prosecuting attorneys. The failure of a person to make a reasonable effort to ensure that victims, survivors, and witnesses under this chapter have the rights enumerated in ((~~RCW 7.69.030~~)) this chapter shall not result in civil liability against that person. This chapter does not limit other civil remedies or defenses of the offender or the victim or survivors of the victim.

Sec. 8. Section 3, chapter 394, Laws of 1985 and RCW 7.69A.030 are each amended to read as follows:

In addition to the rights of victims and witnesses provided for ((~~in RCW 7.69.030~~)) under chapter 7.69 RCW, there shall be every reasonable effort made by law enforcement agencies, prosecutors, and judges to assure that child victims and witnesses are afforded the rights enumerated in this section. The enumeration of rights shall not be construed to create substantive rights and duties, and the application of an enumerated right in an individual case is subject to the discretion of the law enforcement agency, prosecutor, or judge. Child victims and witnesses have the following rights:

(1) To have explained in language easily understood by the child, all legal proceedings and/or police investigations in which the child may be involved.

(2) To be provided, whenever possible, a secure waiting area during court proceedings and to have an advocate or support person remain with the child prior to and during any court proceedings.

(3) To not have the names, addresses, nor photographs of the living child victim or witness disclosed by any law enforcement agency, prosecutor's office, or state agency without the permission of the child victim, child witness, parents, or legal guardians to anyone except another law enforcement agency, prosecutor, defense counsel, or private or governmental agency that provides services to the child victim or witness.

(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 nature of the proceedings.

(6) To be provided information or appropriate referrals to social service agencies to assist the child and/or the child's family with the emotional impact of the crime, the subsequent investigation, and judicial proceedings in which the child is involved.

(7) To allow an advocate to be present in court while the child testifies in order to provide emotional support to the child.

(8) To provide information to the court as to the need for the presence of other supportive persons at the court proceedings while the child testifies in order to promote the child's feelings of security and safety.

(9) To allow law enforcement agencies the opportunity to enlist the assistance of other professional personnel such as child protection services, victim advocates or prosecutorial staff trained in the interviewing of the child victim.

NEW SECTION. Sec. 9. Section 3, chapter 145, Laws of 1981, section 3, chapter 443, Laws of 1985 and RCW 7.69.030 are each repealed.

NEW SECTION. Sec. 10. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.