AN
ACT Relating to child victims and witnesses; amending RCW 7.69A.030; adding a
new section to chapter 7.69A RCW; and prescribing penalties.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 7.69A RCW to read as follows:
At
the time of reporting a crime to law enforcement officials and at the time of
the initial witness interview, child victims or child witnesses of violent
crimes, sex crimes, or child abuse and the child's parents shall be informed of
their rights to not have their address disclosed by any law enforcement agency,
prosecutor's office, defense counsel, or state agency without the permission of
the child victim or the child's parents or legal guardian. The address may be
disclosed to another law enforcement agency, prosecutor, defense counsel, or
private or governmental agency that provides services to the child.
Intentional disclosure of an address in violation of this section is a
misdemeanor.
Sec.
2. RCW
7.69A.030 and 1993 c 350 s 8 are each amended to read as follows:
In
addition to the rights of victims and witnesses provided for in RCW 7.69.030,
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. Except as provided in section 1 of
this act regarding child victims or child witnesses of violent crimes, sex
crimes, or child abuse, 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)
With respect to child victims of sex or violent crimes or child abuse, to have
a crime victim advocate from a crime victim/witness program present at any
prosecutorial or defense interviews with the child victim. This subsection
applies if practical and if the presence of the crime victim advocate does not
cause any unnecessary delay in the investigation or prosecution of the case.
The role of the crime victim advocate is to provide emotional support to the
child victim and to promote the child's feelings of security and safety.
(3)
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.
(4)
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.
(5)
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.
(6)
To allow an advocate to provide information to the court concerning the child's
ability to understand the nature of the proceedings.
(7)
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.
(8)
To allow an advocate to be present in court while the child testifies in order
to provide emotional support to the child.
(9)
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.
(10)
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.
(11) With respect to child victims of violent or sex crimes or
child abuse, to receive either directly or through the child's parent or
guardian if appropriate, at the time of reporting the crime to law enforcement
officials, a written statement of the rights of child victims as provided in
this chapter. The written statement shall include the name, address, and
telephone number of a county or local crime victim/witness program, if such a
crime victim/witness program exists in the county.
