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Posted March 21, 2008
Victims
Legislation Passed in 2007
Alabama SB265 – Chapter 2007-391
Statenet Summary: Relates to videotaped depositions of a victim or witness under 16 years of age, provides for videotaped depositions out of the presence of the defendant unless the defendant is an attorney pro se, restricts the witnesses to the videotaped deposition, provides for only the prosecuting attorney, court, and the defense attorney to question the child victim or witness, relates to the use of closed circuit equipment to present testimony of a child victim or witness under 16 years of age.
NCSL Comments: Provides for videotaped depositions via closed circuit equipment of a victim or witness age 16 out of the presence of the defendant, unless the defendant is an attorney pro se.
Arizona HB2756 – Chapter 204
Statenet Summary: Concerns free police reports, relates to victims' rights, provides that the victim, or a member of the immediate family if the victim is killed or incapacitated, has the right to receive one copy of the police report from the investigating law enforcement agency at no charge, relates to orders of protection, court orders, any injunction against harassment or other injunctive relief, prohibits job discrimination because an employee exercises the right to leave work in connection with injunctive relief.
NCSL Comments: Allows the immediate family member of a crime victim killed or incapacitated to receive one copy of the police report at no charge. Also requires employers to allow a crime victim to leave work if necessary to obtain or request an order of protection, an injunction against harassment or other such injunctive relief as a means of protection for the victim or the victim's child.
Arizona SB1286 – Chapter 290
Statenet Summary: Concerns victims' rights, probation officers' judgment of conduct, payment of restitution, writ of execution.
NCSL Comments: Requires adult probation officers to monitor restitution payments to victims of crime. Expands the remedies for failure to pay restitution to include a writ of execution or other civil enforcement. Expands notice to victims regarding scheduled proceedings to include any continuances. Requires notice to victims who have protection orders of the release of the defendant from prison. Requires, on request of the victim, the court to provide to the victim, or immediate family member if the victim is killed, a free copy of the record of any proceeding in the case. Makes permanent the victim notification procedures for appellate and postconviction relief proceedings.
Colorado HB1005 – Chapter 3
Statenet Summary: Revises the procedures of the alert program for missing persons with developmental disabilities.
NCSL Comments: Adds missing persons with developmental disabilities to the existing alert program for missing senior citizens and the Amber Alert Program.
Colorado HB1340 – Chapter 215
Statenet Summary: Makes modifications to the guidelines contained in existing law that ensure crime victims are able to participate in the criminal justice process.
NCSL Comments: Ensures that crime victims have the right to be informed of a critical stage of the case regarding any attack on a judgment or conviction for which the court hearing is set without submitting a written request for notification. Ensures sexual assault victims have the right to be informed when the perpetrator files a petition to terminate sex offender registrations. Requires the Department of Human Services to include the written victim impact statement in either the department's referral or the district court's referral to place an offender in a public or private community corrections facility or program.
Colorado HB1350 – Chapter 385
Statenet Summary: Creates the Address Confidentiality Program to protect the confidentiality of the address of a relocated victim of domestic violence, a sexual assault, or stalking.
NCSL Comments: Establishes a program to keep confidential the address of a relocated victim of domestic violence, a sexual offense, or stalking. Requires the Secretary of State to designate a substitute address for participants, and then forward mail received through the substitute address to the participant's actual address, which would remain confidential.
Connecticut HB5273 – Chapter 151
Statenet Summary: Concerns missing persons, adopts model legislation to improve the ability of law enforcement to locate and return missing persons, identify human remains, and timely notify the family members of missing persons, makes the removing or defacing of wanted or missing person posters a crime, relates to an unclassified executive secretary, provides for powers of the police officer standards a nd training council.
NCSL Comments: Directs the Police Officer Standards and Training Council to develop and implement a policy to improve the ability of law enforcement to locate and return missing persons, identify human remains, and timely notify the family members of missing persons. Makes the removing or defacing of wanted or missing person posters a crime.
Connecticut SB398 – Chapter 107
Statenet Summary: Establishes a state council to monitor trafficking of persons in the state, relates to transporting persons for forced servitude within national or across international borders.
NCSL Comments: Establishes a state council to monitor trafficking of persons in the state. The council will: hold meetings to provide updates and progress reports, identify criteria for providing services to adult trafficking victims, identify criteria for providing services to children of trafficking victims, and consult with governmental and nongovernmental organizations in developing recommendations to strengthen state and local efforts to prevent trafficking, and protect and assist victims of trafficking and prosecute traffickers.
Florida HB55 – Chapter 2007-107
Statenet Summary: Requires an employer to allow an employee to take leave from work to undertake activities resulting from act of domestic violence, dating violence or sexual violence, specifies activities for which employee may take leave, requires employee to notify employer of leave, requires employer to keep information relating to employee's leave confidential, prohibits employer from taking certain actions against employee for exercising rights specified in act, provides recourse for violating act.
NCSL Comments: Requires an employer to allow an employee to take leave from work to undertake activities resulting from act of domestic violence, dating violence or sexual assault. Requires employer to keep information relating to victim's leave confidential. Prohibits employer from taking actions against employee for exercising their victims' rights to particpate in proceedings stemming from the crime.
Florida HB7181 – Chapter 2007-162
Statenet Summary: Relates to immigrant victims and human trafficking, requires the provision of services to immigrant survivors of human trafficking, domestic violence, and other serious crimes, requires that immigrant survivors of serious crimes have access to state-funded services and have supportive services, requires that a sworn statement of a victim is sufficient evidence of eligibility, provides for a public-awareness program for employers and other organizations that may come into contact with such survivors.
NCSL Comments: Requires the Department of Children and Family Services to establish an interim state-funded benefit program for immigrant victims of human trafficking, domestic violence and other serious crimes before becoming eligible to receive federally funded benefits.
Illinois HB 572 – Chapter 95-69
Statenet Summary: Amends the Privacy of Child Victims of Criminal Sexual Offenses Act. Provides that a parole agent or probation officer may obtain the identity of a child under 18 years of age who is the victim of a criminal sexual offense from the law enforcement records and court records relating to the case. Requires a show of good cause.
NCSL Comments: Provides that a parole agent or probation officer may obtain the identity of a child under 18 years of age who is the victim of a criminal sexual offense from the law enforcement and court records relating to the case. Requires a show of good cause.
Illinois SB 1618 – Chapter 95-432
Statenet Summary: Amends the Sexual Assault Survivors Emergency Treatment Act. Redefines sexual assault and hospital emergency services. Sets out the minimum requirements for hospital emergency services and forensic services. Concerns minimum reimbursement requirements for every hospital, health care professional, laboratory, or pharmacy that provides follow up healthcare to a sexual assault survivor. Makes a technical correction.
NCSL Comments: Sets out minimum standards for hospitals in providing emergency treatment of and forensic services related to sexual assault victims.
Kentucky SB43 – Chapter 19
Statenet Summary: Relates to human trafficking, establishes Division of Child Abuse, Domestic Violence, and Human Trafficking Services within the Cabinet for Health and Family Services, creates a new section of KRS Chapter 194A to set out the basic operating parameters of the Division of Child Abuse, Domestic Violence, and Human Trafficking Services, provides for confidential communication.
NCSL Comments: Makes human trafficking felony. Provides assistance for victims of trafficking.
Louisiana HB134 – Chapter 22
Statenet Summary: Authorizes restitution to other victims of the defendant's criminal conduct in collateral cases, provides that if the defendant agrees as a term of a plea agreement, the court shall order restitution to be paid to other victims of the defendant's criminal conduct, although those persons are not the victims of the criminal charge to which the defendant pleads.
NCSL Comments: Allows a court to order the defendant, as part of a plea agreement, to pay restitution to other victims of the defendant's criminal conduct who are not victims of the criminal charge that is the basis of the plea agreement.
Louisiana HB136 – Chapter 70
Statenet Summary: Increases the age limit of those protection persons who can give testimony outside of the courtroom to include crime victims or witnesses who are under the age of seventeen.
NCSL Comments: Allows crime victims and witnesses who are under the age of 17 to give their testimony outside of the courtroom.
Montana SB447 – Chapter 424
Statenet Summary: Revises victim's rights laws as they relate to adult offenders, provides that victims of criminal offenses must be provided, upon request, one free copy of certain documents filed in a criminal case, provides that a victim has a right to be accompanied by a victim advocate during interviews.
NCSL Comments: Requires that victims of crime be provided, upon request, free copies of all public documents filed in court during the criminal case. Provides that victims have a right to be accompanied by a victim advocate during interviews.
New Jersey SB 2215 (2006) – Chapter 2007-133
Statenet Summary: Relates to Nicole's Law; permits victim of sex offense to obtain restraining order against offender as a condition of probation; provides such orders shall continue in effect following the termination of probation supervision until further order of the court.
NCSL Comments: Permits victim of sex offense to obtain restraining order against offender as a condition of probation. Provides such orders continue in effect following the termination of probation supervision until further order of the court.
New Jersey SB 2255 (2006) – Chapter 2007-279
Statenet Summary: Enacts Patricia's Law to improve the ability of law enforcement to locate and return missing persons; relates to confirmed abduction; improves the identification of human remains and to improve timely information and notification to the family members; outlines the best practices and protocols for law enforcement to utilize.
NCSL Comments: Defines "high risk missing person" as one whose whereabouts are unknown and circumstances suggest nonvoluntary missing person may be at imminent or likely risk of injury or death. Includes any child 13 years or younger. Notes lead law enforcement agency and entitles that agency to cooperation of other law enforcement agencies. Lists information to be collected by law enforcement about the missing person, if applicable. Provides that DNA samples obtained be immediately forwarded to state forensic lab for analysis. Require prompt use of Missing Child Alert System in those cases; and after such dissemination of information also requires a bulletin indicating that the person was found. Requires the Superintendent of State Police to develop and disseminate to all law enforcement agencies in the state best practices protocol for handling reports of missing persons, including specialized practices for missing children. Requires training and that all law enforcement agencies comply with the protocol.
Nevada A226 – Chapter 224
Statenet Summary: Creates the Unit for the Investigation and Prosecution of Crimes Against Older Persons within the Office of the Attorney General, authorizes the Unit to investigate and prosecute alleged incidences of abuse, neglect, exploitation or isolation of an older person, provides for the imposition of a civil penalty against a person who engages in such acts.
NCSL Comments: Establishes the Unit for the Investigation and Prosecution of Crimes Against Older Persons in the Office of the Attorney General. Authorizes the Unit to investigate and prosecute alleged incidences of abuse, neglect, exploitation or isolation of an older person. Provides for the imposition of a civil penalty against a person who engages in such acts.
Nevada A383 – Chapter 316
Statenet Summary: Creates new crimes related to human trafficking, provides for civil damages, makes property of a person who commits such crimes subject to forfeiture, adds such crimes to the list of felonies that may cause a person to be charged as a habitual felon, requires the Department of Business and Industry to include on its website a link to the Social Security Administration for employers to verify social security numbers, relates to a person who holds a business license unlawfully employing an unauthorized alien.
NCSL Comments: Makes human trafficking a felony offense.
North Carolina HB 1810 – Chapter 2007-294
Statenet Summary: Brings State law into compliance with the federal Violence Against Women Act of 2005; provides for polygraph examinations of victims of sexual assaults; provides that a criminal or justice agency shall not require a polygraphic examination as a precondition to conducting an investigation.
NCSL Comments: Brings state law into compliance with the federal Violence Against Women Act of 2005. Prohibits a criminal or juvenile justice agency from requiring a person claiming to be a victim of sexual assault or claiming to be a witness regarding the sexual assault of another person to submit to a polygraph or similar examination as a precondition to the agency conducting an investigation into the matter. Provides that an agency wishing to perform such a polygraph examination must inform the person that taking the polygraph examination is voluntary; the results of the examination are not admissible in court; the person's decision to submit to or refuse a polygraph examination will not be the sole basis for a decision by the agency not to investigate the matter. Directs that when an agency declines to investigate an alleged case of sexual assault following a decision by a person claiming to be a victim not to submit to a polygraph examination to provide to that person the reasons in writing why the agency did not pursue the investigation at the request of the person.
Ohio HB 120 – Chapter 12
Statenet Summary: Requires child offenders to pay court costs for all felony and serious misdemeanor charges; relates to conditions that would make the child unable to pay; relates to repayment of confinement costs and restoration of any damaged property of the victims or survivor of the victim; relates to community service work, and any other form of restitution devised by the court.
NCSL Comments: Requires juvenile offenders to pay court costs for all felony and serious misdemeanor charges. Allows the juvenile offender's victim or the survivor of the victim to request that the prosecuting authority file a motion for modification of the payment terms of any restitution ordered.
Oklahoma HB 1051 – Chapter 164
Statenet Summary: Relates to schools; states the right of student victims to be separated from student offenders at school and during school transportation; requires the Office of Juvenile Affairs to notify school districts when a student is adjudicated for certain sex offenses; provides for notification of certain requirements; requires school districts to notify victims; provides for students to attend to management and care of diabetes at school; limits liability against school employees.
NCSL Comments: Provides for the right of student victims to be separated from student offenders at school and during school transportation. Requires the Office of Juvenile Affairs to notify school districts when a student is adjudicated for sex offenses. Requires school districts to notify the victims. Allows victims to elect to be separated from the offender. Prohibits an offender from attending school or riding a school bus with a victim or a sibling of a victim upon request of the victim. Allows offender to transfer to another school within the district or another school district.
Oregon HB2131 – Chapter 542
Statenet Summary: Modifies the definition of actual address of a victim of domestic violence, a sexual offense or stalking who is an address confidentiality program participant to include the county of residence and precinct in which the participant is registered to vote, specifies that the substitute address designated for a program participant may be used for purposes of laws requiring the use of an address, relates to jury source lists and the county list of electors containing information about program participants.
NCSL Comments: Expands definition of "actual address" in the state Address Confidentiality Program for victims of sexual assault, stalking an d domestic violence to include participants' county of residence and election precinct. Allows participants to use a substitute address when the law requires disclosure of a residence. Requires public bodies to adopt policies preventing the disclosure of actual addresses or telephone numbers to their employees. Repeals provision permitting the Attorney General to disclose actual addresses when requested by law enforcement or public agencies without a court order. Creates a "good cause" standard for courts to apply to requests for the disclosure of actual addresses, and requires courts to address the safety and protection of the participant. Prohibits county clerk from disclosing actual address of a Program participant. Establishes that jury source lists and lists of active electors may not contain information about the program's participants.
Oregon SB130 – Chapter 482
Statenet Summary: Allows a court, with the consent of a victim, to order restitution of less than the full amount of economic damages.
NCSL Comments: Allows a court, with the consent of a victim, to order restitution of less than the full amount of economic damages.
Oregon SB351 – Chapter 500
Statenet Summary: Establishes procedures for reporting missing persons and investigating missing person cases, including cases involving unidentified human remains, relates to initiation and activation criteria for Amber Plan alerts.
NCSL Comments: Requires Oregon law enforcement agencies to have written policies regarding missing persons and specific procedures for investigating missing persons. Allows the agency receiving the report to request such information concerning the missing person as: (1) The person's name and any alternative names, (2) The person's date of birth, (3) The person's physical description, (4) The person's blood type, (5) The person's driver license number, (6) The person's social security number, (7) The person's recent photograph, (8) A description of the person's clothing, and (9) The person's telephone numbers and e-mail addresses. Requires an agency to forward a DNA sample obtained in missing persons' cases to the Oregon State Police. Requires the medical examiner to make reasonable efforts to promptly identify human remains following procedures consistent with standards of the National Association of Medical Examiners. Excludes from the term "unidentified human remains" human remains that are part of an archaeological site or suspected of being Native American. Allows a person, or his or her estate, to request the destruction of his or her or the decedent's DNA. Changes the name of the clearinghouse to missing children and adults clearinghouse. Requires a law enforcement agency to accept a missing person's DNA if a person who has been reported missing has not been located within thirty days.
Oregon SB561 – Chapter 508
Statenet Summary: Allows a landlord to terminate a rental agreement and evict a perpetrator of an act of domestic violence, sexual assault or stalking against a household member, prohibits a landlord from terminating or failing to renew a rental agreement of a tenant who is or has been a victim of domestic violence, sexual assault or stalking, or from treating such a tenant differently, prescribes a form for third party verification of a tenant's claim of being a victim in a request for release from a rental agreement.
NCSL Comments: Allows a landlord to terminate a rental agreement and evict a perpetrator of an act of domestic violence, sexual assault or stalking against a household member. Prohibits a landlord from terminating or failing to renew a rental agreement of a tenant who is or has been a victim of domestic violence, sexual assault or stalking, or from treating such a tenant differently. Prescribes a form for third party verification of a tenant's claim of being a victim in a request for release from a rental agreement.
Oregon SB578 – Chapter 811
Statenet Summary: Creates and establishes punishment for the crimes of subjecting another to involuntary servitude in the first and second degrees, creates and establishes punishment for the crime of trafficking in persons, allows a victim of involuntary servitude or trafficking in persons to seek restitution, subjects crimes of involuntary servitude and trafficking in persons to racketeering provisions, allows a victims of either crime to raise the defense of duress if prosecuted for services performed while victim.
NCSL Comments: Creates the crime of subjecting another person to involuntary servitude in the first and second degree. Creates the crime of trafficking in persons and sets the penalty as a Class B felony. Allows the victims to seek restitution from a convicted defendant for the gross income or value to the defendant of the victim's labor or services. Includes the crimes of involuntary servitude and human trafficking within Oregon's racketeering statute. Allows commencement of a civil action up to six years, rather than two years, after conduct constituting human trafficking occurred. Creates a civil cause of action for damages against the person involved in trafficking. Creates a civil cause of action for damages against the person involved in trafficking. Allows a victim to raise the defense of duress when the victim was forced to commit a crime. Creates a Task Force on Trafficking in Persons.
Oregon SB946 – Chapter 180
Statenet Summary: Requires certain employers to allow eligible employees, including the parent or guardian of a minor child or dependent who is a victim of domestic violence, sexual assault or stalking, to take unpaid leave to obtain services or treatment relating to domestic violence, sexual assault or stalking, allows employer to limit amount of leave if leave creates undue hardship to employer's business, creates cause of action for refusal to grant leave.
NCSL Comments: Requires employers to grant unpaid leave for victims of domestic violence, sexual assault or stalking for purposes of obtaining protective orders or other safety measures.
Oregon SB985 – Chapter 470
Statenet Summary: Establishes that a petitioner in a post-conviction relief proceeding may not compel a victim to testify, either by deposition, hearing or otherwise unless the petitioner moves for an court order for a subpoena, requires a petitioner in such a proceeding to demonstrate good cause by showing that the victim has information material to the proceeding, is favorable to the petitioner and is other than what was admitted at trial, allows the victim to appear by telephone or other communication device.
NCSL Comments: Prohibits a petitioner in a post-conviction relief proceeding to compel the victim to testify, either by deposition or hearing, unless a court allows the petitioner to do so. Requires the court to allow a petitioner to compel a victim to testify if the petitioner can demonstrate good cause by showing that the victim has information that is material to the post-conviction relief proceeding, is favorable to the petitioner and is other than what is admitted at trial. Allows the victim to appear by telephone with court permission.
Texas HB485 – Chapter 1393
Statenet Summary: Relates to the collection and amount of restitution authorized to be collected from persons charged with or convicted of certain misdemeanor offenses.
NCSL Comments: Authorize a court to approve collection of restitution for bad checks. Raises the limit on the amount of restitution that may be required be paid to a victim of a bad check offense from $500 to $5,000.
Texas HB963 – Chapter 458
Statenet Summary: Revises the procedures governing the notice given of the release or escape of a defendant to certain crime victims and witnesses in criminal trials, adds an e-mail address to the list of methods to be used for such notice.
NCSL Comments: Allows crime witnesses to be added to the victim notification program. Adds an e-mail address to the list of methods to be used for such notice.
Texas HB1042 – Chapter 290
Statenet Summary: Revises the provisions that relates to excepting certain crime victim information from required disclosure under the Public Information Law to add a claimant to those provisions.
NCSL Comments: Makes identifying information of crime victims or claimants confidential and not subject to disclosure under the Public Information Act.
Texas HB1121 – Chapter 849
Statenet Summary: Relates to judicial findings regarding victims of trafficking and related offenses.
NCSL Comments: Allows judges to issue an official verification, or judicial finding, that a victim is truly a victim of a severe form of trafficking, as defined by federal law which should encourages the victim to assist in the prosecution of the perpetrator.
Texas SB74 – Chapter 1295
Statenet Summary: Relates to the confidentiality of certain information regarding victims of family violence, sexual violence, or stalking, including the creation of an address confidentiality program, provides for a misdemeanor for unauthorized address disclosure by a public servant.
NCSL Comments: Require the Office of the Attorney General (OAG) to create and maintain an address confidentiality program for victims of family violence, stalking, and sexual assault. Requires the OAG to designate a substitute address for participants and act as the agent to receive and process mail received by the agency to participants.
Texas SB584 – Chapter 66
Statenet Summary: Relates to the issuance or violation of an order for emergency protection on the basis of the offense of sexual assault or aggravated sexual assault.
NCSL Comments: Allows a magistrate to issue an emergency protective order for victims of sexual assault or aggravated sexual assault.
Texas SB1315 – Chapter 69
Statenet Summary: Relates to a silver alert for missing senior citizens.
NCSL Comments: Requires the Department of Public Safety to develop an alert system for missing senior citizens.
West Virginia HB203b – Chapter 1
Statenet Summary: Creates the Address Confidentiality Program for victims of domestic abuse, sexual assault or stalking, provides for use of a confidential address, permits disclosure of mailing or actual residential address under certain circumstances, establishes criminal penalties for filing false information or broaching the program's confidentiality, limits liability of the Secretary of State.
NCSL Comments: Creates and address confidentiality program for victims of domestic abuse, sexual assault or stalking. Establishes criminal penalties for filing false information or broaching the program's confidentiality.
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