AN
ACT Relating to crime victim rights; and amending RCW 7.69.030.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
7.69.030 and 1993 c 350 s 6 are each amended to read as follows:
There
shall be a reasonable effort made to ensure that victims, survivors of victims,
and witnesses of crimes have the following rights:
(1)
With respect to victims of violent or sex crimes, to receive, at the time of
reporting the crime to law enforcement officials, a written statement of the
rights of crime 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;
(2)
To be informed by local law enforcement agencies or the prosecuting attorney of
the final disposition of the case in which the victim, survivor, or witness is
involved;
(3)
To be notified by the party who issued the subpoena that a court proceeding to
which they have been subpoenaed will not occur as scheduled, in order to save
the person an unnecessary trip to court;
(4)
To receive protection from harm and threats of harm arising out of cooperation
with law enforcement and prosecution efforts, and to be provided with
information as to the level of protection available;
(5)
To be informed of the procedure to be followed to apply for and receive any
witness fees to which they are entitled;
(6)
To be provided, whenever practical, a secure waiting area during court
proceedings that does not require them to be in close proximity to defendants
and families or friends of defendants;
(7)
To have any stolen or other personal property expeditiously returned by law
enforcement agencies or the superior court when no longer needed as evidence.
When feasible, all such property, except weapons, currency, contraband,
property subject to evidentiary analysis, and property of which ownership is
disputed, shall be photographed and returned to the owner within ten days of
being taken;
(8)
To be provided with appropriate employer intercession services to ensure that
employers of victims, survivors of victims, and witnesses of crime will
cooperate with the criminal justice process in order to minimize an employee's
loss of pay and other benefits resulting from court appearance;
(9)
To access to immediate medical assistance and not to be detained for an
unreasonable length of time by a law enforcement agency before having such
assistance administered. However, an employee of the law enforcement agency
may, if necessary, accompany the person to a medical facility to question the
person about the criminal incident if the questioning does not hinder the
administration of medical assistance;
(10)
With respect to victims of violent and sex crimes, to have a crime victim
advocate from a crime victim/witness program present at any prosecutorial or
defense interviews with the victim, and at any judicial proceedings related
to criminal acts committed against the 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 crime victim;
(11)
With respect to victims and survivors of victims, to be physically present in
court during trial, or if subpoenaed to testify, to be scheduled as early as
practical in the proceedings in order to be physically present during trial
after testifying and not to be excluded solely because they have testified;
(12)
With respect to victims and survivors of victims, to be informed by the
prosecuting attorney of the date, time, and place of the trial and of the
sentencing hearing for felony convictions upon request by a victim or survivor;
(13)
To submit a victim impact statement or report to the court, with the assistance
of the prosecuting attorney if requested, which shall be included in all
presentence reports and permanently included in the files and records
accompanying the offender committed to the custody of a state agency or
institution;
(14)
With respect to victims and survivors of victims, to present a statement
personally or by representation, at the sentencing hearing for felony
convictions; and
(15)
With respect to victims and survivors of victims, to entry of an order of
restitution by the court in all felony cases, even when the offender is
sentenced to confinement, unless extraordinary circumstances exist which make
restitution inappropriate in the court's judgment.
