SENATE BILL REPORT

SB 5036

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

Revising provisions on crime victims rights.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 11, 1989; January 16, 1989; January 30, 1989; February 8, 1989

Majority Report:  That Substitute Senate Bill No. 5036 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Madsen, Nelson, Newhouse, Niemi, Rinehart, Talmadge, Thorsness.

Senate Staff:Richard Rodger (786-7461)

                  February 8, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):March 2, 1989

Senate Staff:Lynn French (786-7715)

                  March 1, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 8, 1989

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 victims, survivors of victims, and witnesses are expanded.  Stolen property must be expeditiously returned to the owner when no longer needed for evidentiary purposes.  The owner may petition the court for the return of the property, if the return has been delayed.  Law enforcement officers shall inform property owners of their right to repossession.

The victims or survivors shall, upon request, be informed by the prosecutor of the date, time, and place of the trial, sentencing and restitution hearing.  They shall have the right to be present in court and, if testifying, to have their testimony scheduled early.  Also, upon request, a victim or survivor has the right to be notified of and heard at all proceedings where a violent offender or sex offender is being considered for a change in custodial status.

The victim or survivor has the right to object to a pretrial interview conducted by a pro se defendant and has the right to have a person of his or her own choice present during interviews.

The court must consider the victim or survivors' privacy rights before releasing records.  The court must make a reasonable effort to ensure that a speedy trial occurs to minimize the impact on the victim.

The child victim's bill of rights is amended to allow an advocate to be present when a child is being interviewed.

Victims are allowed to convert an order of restitution into a civil judgment and the crime victim compensation section of the Department of Labor and Industries is authorized to pursue collection of restitution.

The term "survivor" is amended to allow the prosecutor to identify who is the survivor of a victim.  References to the Board of Prison Terms and Paroles is corrected to the Indeterminate Sentence Review Board.

EFFECT OF PROPOSED SUBSTITUTE:

Technical and clarifying changes are made.  Additional costs to local governments occasioned by this bill are paid out of the public safety and education account.  Restitution orders are enforced in the same manner as civil judgments and the orders are not a bar to other civil remedies.  Restitution orders earn interest and, upon enforcement, reasonable attorney's fees may be ordered.  Notice to victims regarding the change of an offender's custodial status is clarified.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: LAW & JUSTICE:  Ken Eikenberry, Attorney General (pro); Pamela Morse, Assistant Attorney General (pro); William Bayer (con); Pete Youngers, MADD (pro); Stephen Carlisle, U.S. Attorney's Office (pro); Gary Riesen, WAPA (pro); Bev Emery, Washington Coalition of Sexual Assault Programs (pro)