BILL REQ. #:  H-3430.2 

Prefiled 12/23/2003. Read first time 01/12/2004.   Referred to Committee on Judiciary.

     AN ACT Relating to victims' rights in plea agreement procedures; adding a new section to chapter 9.94A RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The Washington state Constitution recognizes that crime victims have a meaningful role in the criminal justice system and grants victims certain basic and fundamental rights, including the right of victims or their representatives to be informed of, to attend, and to make statements at certain court proceedings involving criminal defendants. The exercise of these rights may not constitute a basis for error in favor of a defendant in any criminal proceeding.
     State law provides that persons are subject to capital punishment if they are found guilty of aggravated first degree murder. A person is guilty of aggravated first degree murder if, with a premeditated intent to cause the death of another person, they cause the death of such person or of a third person, and one or more of the aggravating circumstances enumerated in statute exist.
     Plea agreements are agreements made between defendants and prosecutors whereby defendants plead guilty or no contest to certain criminal charges and prosecutors agree to drop certain charges, reduce certain charges, or recommend that judges enter specific sentences that are acceptable to the defendants. Criminal cases are settled by plea agreements for many reasons: As criminal courts become ever more crowded and overburdened, prosecutors feel increased pressure to move cases quickly through the system; trials and appeals can take months or even years at great expense to the public while guilty pleas can often be arranged rather expeditiously; the outcome of a trial is usually unpredictable and plea agreements provide both prosecutors and defendants some control over the result; if trials result in hung juries, prosecutors and defendants may negotiate a plea agreement rather than go through yet another trial; no matter how strong evidence may be, prosecutors have no assurance of a conviction and may undergo a long, expensive trial and still lose the case; and plea agreements give prosecutors flexibility where they can solicit defendants, though guilty, to give testimony about other criminal defendants or help resolve other cases that have been difficult to prove.
     In aggravated first degree murder cases, plea agreements are an especially sensitive issue because of the potential number and type of victims, the magnitude of the crimes, and the message plea agreements send to criminal offenders, victims, and the community at large. Special care must be taken to ensure plea agreements in aggravated first degree murder cases are appropriate, that victims and their representatives are adequately involved in the decision-making process, and that the best interests of justice and public safety ultimately prevail.

NEW SECTION.  Sec. 2   A new section is added to chapter 9.94A RCW to read as follows:
     (1) Victims or their representatives have the right to be notified of any potential plea agreement and to express their views on any proposed plea agreements prior to a plea agreement being reached between the prosecutor and the defendant. The prosecutor shall consider the views of the victim or the victim's representative in deciding whether to negotiate or conclude a plea agreement with a defendant.
     (2) Victims or their representatives have the right to be notified when a plea agreement is to be presented to the court and to express their views on the plea agreement to the court prior to the court accepting or rejecting the plea agreement. The court shall consider the views of the victim or the victim's representative in deciding whether to accept or reject the negotiated plea agreement.
     (3) Before a plea agreement is allowed in any capital murder case where a defendant has, or is alleged to have, with a premeditated intent caused the death of another person, caused the death of such person or of a third person, and there was more than one victim, and the murders were part of a common scheme or plan, or the result of a single act of the defendant, a prosecutor shall:
     (a) Explain to victims or their representatives at the outset of the case the rights of victims provided in the Washington state Constitution;
     (b) Explain to victims or their representatives at the outset of the case how the plea agreement process works and the circumstances that might lead to a plea agreement;
     (c) Explain to victims or their representatives at the outset of the case how victim advocates can help victims prepare and submit impact statements that are useful to both the prosecutor and the court throughout the plea agreement process;
     (d) Ensure victims or their representatives are notified of any potential plea agreement and have the opportunity to express their views on any proposed plea agreements prior to any plea agreement being reached with the defendant; and
     (e) Ensure victims or their representatives are notified when a plea agreement is to be presented to the court and have the opportunity to express their views on the plea agreement to the court prior to the court accepting the plea agreement.