SENATE BILL REPORT

SJR 8200

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.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 11, 1989; January 18, 1989

Majority Report:     Do pass.

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

Senate Staff:Richard Rodger (786-7461)

                April 17, 1989

House Committe on Judiciary

AS PASSED SENATE, FEBRUARY 22, 1989

BACKGROUND:

There is a perception that the public has lost confidence in the criminal justice system.  Many crime victims and witnesses express regret at having become involved in the criminal justice system because they perceive that the system gives greater protection to the rights of the defendant than the victim or witness.  A means of encouraging victims and witnesses to cooperate in the prosecution of crime is sought.

SUMMARY:

At the next general election held in this state, there shall be submitted to the voters an amendment to Article I of the Constitution of the State of Washington adding a new section which enumerates the rights of crime victims.  A victim of a felony or the victim's representative, upon notification to the prosecuting attorney, shall have the right to be informed of, to be present at, and to make a statement at all significant judicial proceedings.  Neither the victim nor the victim's representative shall be provided with a court appointed counsel. The amendment shall not constitute a basis for error in a criminal proceeding.

Appropriation:  none

Revenue:   none

Fiscal Note:    requested January 9, 1989

Senate Committee - Testified:   Ken Eikenberry, Attorney General (pro); Pamela Morse, Assistant Attorney General (pro); William Bauer (con); Pete Youngers, MADD (pro); Stephen Carlisle, U.S. Attorney's office (pro); Gary Riesen, WAPA (pro)

HOUSE AMENDMENT:

The victim of a crime charged as a felony has the right to:

     (a)be informed of trial and all other court proceedings the defendant has the right to attend;

     (b)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

     (c)make a statement at sentencing and at any proceeding where the defendant's release is considered.

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