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Posted May 11, 2007
2006 Victims' Rights Enactments
Alaska SB 134
Requires the Police Standards Council to set minimum standards for law enforcement in conducting investigations of sexual offenses.
Alaska SB 249
Requires criminal justice agencies to report to the Department of Public Safety the conditions of probation, parole supervision and release on bail.
Arizona SB 1126
Allows a parent or legal guardian the right to refuse an interview on behalf of a child in juvenile or criminal court. Changes the definition of victim in the juvenile and criminal victim rights statutes to exclude a person who is in custody for an offense or is the accused.
Arizona SB 1176
Allows a victim to request a reexamination proceeding within 10 days of a proceeding if the victim’s rights were denied at the proceeding. Requires the court to hold a reexamination proceeding to consider the issues raised by the victim of the denial of victim’s rights. Enables a reconsideration of any decision that arises from the proceeding where the victim’s right was not protected, and provides an exemption. Prohibits a victim from making a motion to reopen a plea or sentence if the victim was given notice of the plea or sentence proceeding, unless the victim’s right to be heard was denied.
Arizona SB 1386
Expands victim’s rights to public records by allowing the victim or family member one free copy of the police report.
California AB 105
Authorizes the Victim Compensation and Government Claims Board too allow more than one reimbursement for relocation of one victim per crime if necessary for the personal safety or emotional well-being of the victim.
California AB 1505
Authorizes the California Department of Corrections and Rehabilitation to collect restitution from an inmate or parolee. Allows a victim to receive a restitution of money owed without filing a claim with the Victim Compensation and Government Claims Board.
California AB 2049
Prohibits a registered sex offender on parole from having any contact or communication with the victim or the victim's immediate family.
California AB 2169
Extends until Jan. 1, 2013, the sunset date for the Safe at Home Project, a program administered by the secretary of state for victims of domestic violence and stalking, and for reproductive health care workers and patients.
California AB 2413
Deletes the requirement that a victim has to die as a result of a crime in order to be reimbursed for crime scene clean up. Provides instead that when the crime occurs in a residence, the California Victim Compensation and Government Claims Board may reimburse any individual who voluntarily pays the costs to clean the scene of the crime in an amount not to exceed $1,000. Provides that the board may reimburse the licensed child care expenses incurred by a victim or derivative victim as a direct result of a crime that resulted in physical injury or death. Creates a pilot program to allow victims of crime to add loss of child care services to the expenses that are compensable.
California AB 2615
Adds county probation officers to the list of law enforcement officials who may obtain the name and address of a victim of a sex offense for the purpose of conducting official business.
California AB 2705
Authorizes law enforcement officers to provide victims of crime with a "Victim's Rights Card" in jurisdictions that adopt this resolution.
California AB 2869
Clarifies that the Victims Compensation and Government Claims Board is required to award compensation to a person seeking reimbursement for the funeral and burial expenses of a victim that died as a result of a crime without respect to any felony status of the victim.
California SB 1062
Adds sexual assault to the California's Confidential Address Program for Victims of Domestic Violence and Stalking. Defines "sexual assault" as an act or attempt made punishable by the Penal Code. Requires Maternal Child Health Branch of the Department of Health Services and the Comprehensive Statewide Domestic Violence Program to coordinate agency site visits and share performance assessment data with the goal of improving efficiency, eliminating duplication, and reducing administrative costs.
California SB 1491
Prohibits a person or entity, in the course of awarding grants or providing financial support or assistance to a domestic violence victim service provider, from requiring that the provider disclose personally identifying information regarding the victim.
California SB 1743
Exempts an action for a name change that is filed to avoid domestic violence, stalking or sexual assault from the requirement for publication of the order to show cause. Provides that the privileged communications between victims and counselors be referred to as the "counselor-victim privilege" and the "counselor as a sexual assault or domestic violence counselor" or "human trafficking caseworker."
Colorado HB 1102
Extends the hearsay exception for child witnesses to include criminal, delinquency and civil proceedings. Limits the statute of limitations for a collateral attack on a class 1 felony conviction to three years. Requires the name of the victim to be redacted from a criminal justice record related to an attempted sexual assault. Prohibits a court from sealing a criminal record if the defendant still owes restitution ordered by the court.
Colorado HB 1379
Requires district attorneys and law enforcement agencies to provide annual training, education and risk-assessment programs for district attorneys and victims advocates.
Colorado SB 177
Expands victim rights to include the right to be informed of a decision to file criminal charges. Creates the right of a victim to be notified when an offender has been referred to community corrections. Provides that a victim may prevent a defendant from requiring a witness to disclose the location of the witness. Requires law enforcement agencies to periodically notify victims of case status. Requires a probation department to notify the victim in a domestic violence case if the conduct of the offender results in an increased level of probation supervision. Requires the courts to make sure that entities responsible for victim notification have contact information for the victim.
Connecticut HB 5819
Requires convicted criminals to get a court's permission to issue a subpoena summoning their crime victim to appear and testify at a court hearing or deposition in any civil matter, including a habeas corpus proceeding. Gives the Office of Victim Services (OVS) the authority to (1) waive the time limit for crime victims to apply for crime victim compensation and (2) award compensation amounts in excess of the statutory maximum. Prohibits OVS from denying compensation to a sexual assault victim who fails to report the crime to the police within the statutory time period. Requires the chief state's attorney, in consultation with the chief court administrator, to develop a plan for establishing and implementing a statewide automated victim information and notification system.
Delaware SB 274
Allows tenants who are victims of domestic violence, a sexual offense or stalking to terminate their leases early for safety reasons.
Idaho SB 1414
Provides that a victim found to have "extenuating circumstances" be eligible for a maximum mental health benefit of $25,000. Defines "extenuating circumstances" to mean that a victim requires further mental health treatment due to trauma arising out of covered criminal conduct in order to perform major life functions or the activities of daily living.
Illinois HB 4134
Includes hate crimes in the definition of "crimes of violence." Includes in the definition of "victim," the parent of a person (rather than the parent of a child) killed or injured as a result of a crime of violence. Includes the following in the definition of "pecuniary loss": (i) the loss of tuition paid to attend school when the victim had been enrolled as a student (rather than as a full-time student); and (ii) transportation expenses to and from medical and treatment facilities. Changes the definition of "dependents replacement services loss" so that it applies to loss reasonably incurred by private legal guardians of a minor dependent (in addition to loss reasonably incurred by dependents) after a victim's death under specified circumstances. Changes the definition of "replacement services loss" so that it applies to expenses reasonably incurred in obtaining ordinary and necessary services that would have been performed by an injured person (rather than a permanently injured person) under specified circumstances.
Illinois HB 4649
Requires a person charged with committing a violent crime against a family or household member to appear before the court for the setting of bail. Requires a court to consider enumerated factors in setting bail for such a person. Provides that a court may permit the person to appear by video conferencing equipment.
Illinois HB 4715
Creates the Safe Homes Act to provide relief to a victim of domestic or sexual violence relief that includes: requiring the landlord to change the locks, allowing the victim to change the locks if the landlord does not, terminating the lease, and imposing penalties on a landlord for violations.
Indiana HB 1123
Creates the Sexual Assault Standards and Certification Board to certify sexual assault victim adovcates. Transfers control of the sexual assault victims account from the Department of Health to the new board. Repeals the sexual assault victims assistance fund and replaces it with the sexual assault victims account.
Indiana SB 300
Bars victim compensation from being paid to people who were intoxicated at the time of a crime. Permits only one claimant per crime for benefits.
Iowa HB 2651
Provides that after a juvenile is discharged and reaches the age of 18, all unpaid restitution orders will constitute a judgment and lien against all property of the juvenile. Provides that juvenile delinquency records may be sealed except the name of the court, the title of the action, and the court's file number and that the restitution order must remain a judgment and lien against any property until the restitution is paid in full.
Kansas HB 2761
Allows victim compensation to be reduced or denied if the victim was engaged in, or attempting to engage in, unlawful activity.
Kansas HB 2928
Prohibits employers from taking adverse employment actions against an employee who takes time off from work as a result of being a victim of domestic violence or sexual assault.
Louisiana SB 597
Establishes an address confidentiality program for people who fear for their safety or for the safety of others for whom they are responsible.
Maine HB 1313
Provides hospitals and health care practitioners immunity from criminal or civil liability for an act or omission in performing a forensic examination on an alleged victim of gross sexual assault.
Maine HB 1324
Establishes a telephone call account, with the sole purpose of paying for use of the department's client telephone system. Requires prisoners to pay 25 percent toward owed restitution and/or fees from money received unless the money is directly deposited into a telephone call account. Requires inmates participating in an industry program that generates money to pay at least 25 percent of their gross income to owed restitution and/or fees. Requires that the inmate's money be returned upon discharge or transfer from the correctional facility and that be subject to any collections provided for by statute.
Maine HB 1326
Requires that upon the request of a victim, he or she be notified when a prisoner is discharged to supervised release for sex offenders.
Maryland HB 1056
Requires the secretary of state to establish the Address Confidentiality Program for victims of domestic violence.
Maryland SB 289
Establishes that any order of restitution may not be construed to limit the authority of the court to order a defendant or child found to have committed a delinquent act to make restitution or to perform specified services for the victim as an alternative means of restitution.
Maryland SB 291
Allows a court to order an adult or juvenile convicted of the manufacture or possession of an explosive device to pay restitution to a (1) multi-county agency; (2) county board of education; or (3) public authority for actual costs incurred due to this violation.
Maryland SB 508
Gives victims of crimes committed by juveniles that would be considered a crime of violence if committed by adult the following rights: 1) the right to notice of a hearing to transfer the case to juvenile court; 2) the right to attend proceedings; 3) the right to notice of court proceedings; 4) the right to be present at trial; 5) the right to submit a victim impact statement; 6) the right to be heard at sentencing or disposition; 7) the right to restitution.
Massachusetts SB 2242
Creates a state witness protection board and a state witness protection program to provide adequate protection for witnesses who are threatened or intimidated by gangs. Strengthens perjury laws. Criminalizes the dissemination of grand jury minutes.
Michigan HB 5145
Requires fines and costs to be ordered in criminal cases even if the disposition is deferred or the case is eventually discharged and dismissed. Requires money in prisoner's personal accounts be used for the payment of court-ordered assessments, fines, costs and restitution.
Michigan HB 6455
Extends victim notification requirements and information-sharing provisions to cases involving delayed or deferred judgment or assignment to youthful trainee status. Allows a court, the Department of Corrections (DOC), the Department of Human Services (DHS), a county sheriff, or a prosecuting attorney to furnish to the victim information or records that otherwise would be closed to public inspection, including information or records regarding proceedings and dispositions in a case in which the defendant was granted youthful trainee status under the Holmes Youthful Trainee Act. Requires that a form for a victim's request to be kept informed of an offender's status be given to the victim when a defendant was sentenced to probation, as well as to prison, jail, hospitalization or a juvenile facility. Requires a payment to be applied first to victim payments, if the person making the payment indicated that it was to be applied to victim payments, or if the payments were received as a result of a wage assignment or from the DOC, sheriff, DHS, or county juvenile agency from deductions of money a prisoner or juvenile offender received in an amount over $50 per month. Allows, rather than requires, a sheriff or juvenile facility to deduct funds for restitution from money received by an offender in an amount over $50 per month. Allows a sheriff to deduct 5 percent of the amount over $50 received by a defendant or juvenile offender, to be retained by the sheriff as an administrative fee, if the sheriff deducted amounts for restitution from money received by an offender.
Mississippi HB 113
Allows an offender to be placed in a pretrial intervention program for the purpose of collecting unpaid restitution and fines regardless of any prior criminal conviction, whether felony or misdemeanor.
Nebraska LB 1086
Adopts the Prostitution Intervention and Treatment Fund Act that provides funds for education and treatment for individuals involved with prostitution.
New York AB 1236
Requires that all determinations made by the Crime Victims' Board include any reasoning for departing from precedent in deciding claims.
New York AB 3691
Directs the commissioner of criminal justice services to develop and implement a standardized procedure to be used by police and district attorneys to notify victims of crime of their rights and programs to assist them.
New York AB 9058
Clarifies that a district attorney must consult with a crime victim to obtain his or her views, unless the victim refuses.
North Carolina HB 2060
Provides the definition of "collateral source" to mean a source of benefits for economic loss otherwise compensable that is available to the victim. Provides a contract of insurance that will pay for expenses directly related to a funeral, cremation, and burial, including transportation of a body. Provides that a claim may be denied if the claimant has not fully cooperated with appropriate law enforcement agencies.
Pennsylvania HB 2447
Allows courts to order convicted criminals to pay the costs incurred by a sheriff in transporting them from a county jail to the district justice office, the courthouse, and a state prison.
Pennsylvania SB 439
Establishes the Sexual Assault Evidence Collection Program to help victims and to facilitate the prosecution of persons accused of sexual assault. Requires consultation with the Coalition Against Rape and the State Police to develop minimum standard requirements for all rape kits used in hospitals and health care facilities. Establishes civil immunity for health care providers providing evidence at the request of the victim.
Rhode Island HB 7136
Provides that when a defendant is released prior to final conviction, it is the responsibility of the governmental entity with final responsibility for the defendant's supervised custody, to give notice to the victim of release.
Virginia HB 1322
Requires the commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services give notice of the granting of an unescorted community visit to any victim whose offender was acquitted because of mental illness.
Wisconsin AB 172
Specifies another set of circumstances under which witness intimidation is a Class G felony -- when a person who is charged with a felony unlawfully intimidates a witness or a potential witness in connection with a trial, proceeding, or inquiry for that felony.
Wisconsin SB 575
Provides that if a person forfeits bail by not complying with the conditions of bond, an amount determined by the court will be distributed to the victim of the crime for which the bond conditions were imposed. Provides that if a defendant is convicted, ordered to pay a fine or court costs or both, and ordered to pay restitution to the victim of the crime, any cash deposited for an appearance bond must be applied first to the payment of the restitution. Requires that a person who deposits cash for an appearance bond must be notified that, if the defendant does not comply with the bond conditions or is convicted, the money will be applied to the payment of restitution.
This report highlights selected state legislation. Sarah Hammond handles victim rights and services issues for NCSL's Criminal Justice Program in the Denver office. For more information, contact her at (303) 364-7700; or cj-info@ncsl.org. To receive regular criminal justice information updates from NCSL, go to the Criminal Justice menu page and sign up for NCSL e-news.
Preparation of this information was supported by Grant No. 2002-VF-GX-0006, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions expressed in this report are those of the author(s) and do not necessarily represent the official position or policies of the U.S. Department of Justice.
The Office for Victims of Crime is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance, the Bureau of Justice Statistics, the National Institute of Justice, and the Office of Juvenile Justice and Delinquency Prevention.
For more information on the Office of Justice Programs visit http://www.ojp.usdoj.gov/
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