HOUSE BILL REPORT

SJR 8200

As Amended by the House

BYSenators Pullen, Talmadge, Thorsness, Newhouse, Madsen, Rasmussen, Benitz and Nelson; by request of Attorney General

Amending the state Constitution to provide for rights of crime victims.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (14)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Brough, Dellwo, Hargrove, P. King, Locke, Moyer, H. Myers, Schmidt, Scott, D. Sommers and Tate.

Minority Report:  Do not pass.  (1)

      Signed by Representative R. Meyers.

House Staff:Regina Jones (786-7191)

AS PASSED HOUSE APRIL 14, 1989

BACKGROUND:

Concern has been expressed in Washington and in other jurisdictions about the rights of victims in the criminal justice system.  Legislation addressing a variety of such concerns have come before the legislatures of various states.

SUMMARY:

At the next general election held in this state, there will be submitted to the voters an amendment to Article I of the Constitution of the state of Washington enumerating the rights of crime victims.  Upon notifying the prosecuting attorney, the victim of a crime charged as a felony has the right to:  (1) be informed of trial and all other court proceedings the defendant has the right to attend; (2) attend trial and all other court proceedings the defendant has the right to attend, subject to the discretion of the individual presiding over the trial or court proceedings; and (3) make a statement at sentencing and at any proceeding where the defendant's release is considered.  The victim's rights are subject to the same rules of procedure which govern the defendant's rights.

If the victim is deceased, incompetent, a minor, or otherwise unavailable, the prosecuting attorney may identify a representative to exercise the victim's rights.

Neither the victim nor the victim's representative will be provided with court-appointed counsel.  The amendment will not constitute the basis for error in favor of a defendant in a criminal proceeding.

Notice of the constitutional amendment must be published in every legal newspaper in the state at least four times during the four weeks before the next election.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Ken Eikenberry, Attorney General; Bev Emery, Washington Coalition of Sexual Assault Programs; Mike Redman, WAPA; Frank Krall, WAPA; Lonnie Johns-Brown, NOW.

House Committee - Testified Against:      William Bauer, Citizen.

House Committee - Testimony For:    The rights of the accused in our criminal justice system have grown over the years.  Victims of crime need to feel that they are being treated fairly; this will help both the community and the victim feel that justice has been done.  Allowing victims a role in the criminal justice process will encourage sexual assault victims to come forward.

House Committee - Testimony Against:      The proposed resolution does not go far enough in addressing concerns of crime victims.  The present system victimizes the victim.