SENATE BILL REPORT

                   SB 6742

              As Reported By Senate Committee On:

        Human Services & Corrections, February 3, 2000

Title:  An act relating to the rights of victims of juvenile offenders.

Brief Description:  Providing for additional consideration of victims in the juvenile justice system.

Sponsors:  Senators Costa, Hargrove, Long, Winsley and Patterson.

Brief History:

Committee Activity:  Human Services & Corrections:  2/1/2000, 2/3/2000 [DPS].

SENATE COMMITTEE ON HUMAN SERVICES & CORRECTIONS

Majority Report:  That Substitute Senate Bill No. 6742 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Hargrove, Chair; Costa, Vice Chair; Franklin, Kohl-Welles, Long, Sheahan, Stevens and Zarelli.

Staff:  Jennifer Strus (786-7484)

Background:  Victims of crimes should have the same rights in juvenile offender cases as they do in adult criminal cases.

Summary of Substitute Bill:  The intent of the Juvenile Justice Act (RCW 13.40) is amended to include language that each victim of an offense committed by a juvenile shall be made whole to the fullest extent possible.  The prosecuting attorney who decides whether to file an information or divert a juvenile must notify the victim as to which decision was made.  If a decision is made not to prosecute a juvenile, the victim must be notified within five days of reaching the decision of other procedures available to the victim for initiating criminal proceedings.  The prosecuting attorney has discretion whether or not to notify the victim in cases that qualify for automatic diversion.

In a crime against a person, the prosecuting attorney must make reasonable efforts to inform the victim of any plea agreement and collect any comments the victim has to the plea agreement.

The court must ask the victim if he or she wishes the court to order the offender to not attend the same school as the victim or the victim=s siblings.  This order can also be requested upon motion by the prosecutor.

Any restitution contained in a diversion agreement must be for the actual loss suffered by the victim.

Substitute Bill Compared to Original Bill:  Whether or not the prosecutor notifies victims in automatic diversion cases is discretionary rather than mandatory.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  None.

Testimony Against:  The provisions requiring the prosecutor to notify the victim in all cases that are automatically diverted would have a substantial workload and fiscal impact on the counties.

Testified:  Tom McBride, WAPA (con).