S-326                 _______________________________________________

                                          SENATE JOINT MEMORIAL NO. 8000

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Madsen, Niemi, Talmadge, Pullen, McCaslin, Nelson, Thorsness, Rinehart and Johnson; by request of Attorney General

Read first time 1/16/89 and referred to Committee on Law & Justice.

TO THE HONORABLE GEORGE BUSH, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED:

          We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

          WHEREAS, The rights of the defendant in criminal judicial proceedings have been greatly expanded by legislation and judicial interpretation; and

          WHEREAS, The rights of the victim of a crime have not been addressed or defined, and the practice in criminal proceedings has been to not provide information to the victim concerning the substantive matters brought before the court or to recognize the natural and substantial interest of the victim in being involved in the criminal prosecution and sentencing of the perpetrator; and

          WHEREAS, In furtherance of justice and in an effort to ensure that victims have certain rights in the criminal prosecution of the person accused of the crime, establishment of victims' rights is necessary and appropriate;

          NOW, THEREFORE, Your Memorialists respectfully pray that Congress propose an amendment to the Constitution of the United States of America which establishes, in criminal prosecutions, the right of a victim or the victim's representative to:

          (1) Be informed of the time and place of all criminal judicial proceedings in which the defendant has a right to be present;

          (2) Be present at those proceedings; and

          (3) To testify;

!ixand that the proposed amendment be transmitted to the several states for ratification in accordance with Article V of the Constitution of the United States of America.

          BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable George Bush, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.