Updated January 24, 2007
2003 Victims' Rights Enactments
Alaska HB 23
Expands restitution orders to include compensation for the value of volunteer work. Authorizes a judge to order a defendant to pay restitution to relatives, friends, co-workers and neighbors of a crime victim who spent time consoling the victim, helped clean up after the crime, or assisted the victim with tasks because the victim was too upset to attend to them.
Alaska HB 68
Clarifies the jurisdiction of the Office of Victims' Rights by defining "justice agency" to include local municipalities.
Arizona HB 2407
Suspends the statute of limitations for civil causes of action brought by a victim against a defendant from the time of indictment or complaint until final disposition of the criminal charges. If the defendant is convicted of criminal conduct against the victim, the statute of limitations starts running at the time the conviction becomes final.
Arizona HB 2482
Adds graffiti and discharging a firearm at an occupied structure to the list of crimes that allow a neighborhood association to invoke victims’ rights. These victims’ rights include allowing the neighborhood association to be notified of and attend court hearings and address the court at the time of sentencing. The suspect in these offenses may be either an adult or juvenile.
Arkansas HB 2486
Adds "governmental entity or agency" to the definition of a crime victim who suffers property damage, monetary loss or physical injury as a result of the defendant's offense. Requires that individuals who violate the Uniform Controlled Substances Act must make restitution to the state or local agency for site cleanup.
California AB 184
Allows domestic violence and stalking victims to participate in the Secretary of State’s confidentiality program, which permits such victims to request that the Department of Motor Vehicles (DMV) suppress their records.
California AB 187
Provides that any person who assaults a member of the U. S. Armed Forces because of the victim's service will be punished by a fine not exceeding $2,000, by imprisonment in the county jail for not more than one year, or by both fine and imprisonment.
California AB 898
Authorizes law enforcement to inform a sex offense victim whether a DNA profile was obtained from evidence gathered and whether or not there was a match to the state’s database.
California AB 976
Authorizes the California Victim Compensation and Government Claims Board to recognize an attorney, legal guardian, victim assistance advocate or an immediate family member of the victim to represent the victim.
California SB 94
Appropriates money to the California Victim Compensation and Government Claims Board to pay compensation claims accepted by the board. The board requested prompt action on this measure to relieve hardship on the 597 claimants who should have received payment last year (an urgency measure).
California SB 478
Requires employers to allow an employee who is a victim of crime to be absent from work in order to attend judicial proceedings. Prohibits discharge or discrimination based on such absence. Encourages district attorneys and victim/witness offices to make information regarding these workplace rights available at their offices.
Connecticut HB 6432
Authorizes the Office of Victim Services to allow compensation for attorney's fees to be part of any compensation award. Permits restitution to be deposited in the criminal injuries compensation fund if the victim cannot be located and within five years after the date the restitution is collected. Increases the maximum amount of emergency award to victims from $1,000 to $2,000.
Connecticut SB 853
Establishes a program to keep addresses confidential for victims of family violence, sexual assault or stalking.
Connecticut SB 1066
Requires that crime victims be given the opportunity to participate in the criminal justice process prior to the acceptance of a plea agreement and to be present and heard at sentencing hearings. Provides that witnesses who are crime victims will not be sequestered unless the court determines their testimony will be materially affected by hearing other testimony or the witness/victim is a member of the immediate family of a homicide victim.
Delaware SB 50
Requires that courts retain jurisdiction over an offender until restitution is paid in full. Permits the court to impose “restitution only” unsupervised probation sentences on offenders. Makes orders of restitution fully enforceable in the same manner as other judgments of the court.
Delaware SB 104
Updates Delaware's stalking statute to ensure that it prohibits stalking that threatens a victim's property and employment status (as opposed to simply prohibiting threats against personal safety). Allows a misdemeanor crime of stalking, which occurs without the victim's knowledge. Provides for a felony offense where an adult (with or without the child’s knowledge) stalks a child.
Florida HB 561
Creates the Victim's Freedom Act, which provides victims of sexual violence the opportunity to obtain protective relief from the offender.
Hawaii HB 1003
Requires that restitution payments collected for a victim who cannot be located be deposited in the Crime Victim Compensation Fund. Allows the Crime Victim Compensation Commission to transfer compensation awards to minors. Gives the commission the authority to expand coverage to mental health services.
Hawaii SB 616
Add to the definition of "hate crime" a defendant who intentionally selects a victim or property of a person because of hostility toward the person's gender.
Illinois HB 538
Amends the Gang Crime Witness Protection Act by extending the repeal date of the act from July 1, 2004, to July 1, 2012.
Illinois HB 567
Allows circuit court clerks to enter into agreements with the attorney general for participation in the statewide victim and witness notification system. Allows circuit court clerks to be appointed to the Crime Victim and Witness Notification Advisory Committee.
Illinois HB 1359
Requires the Prisoner Review Board to establish a toll-free number that may be accessed by the victim of a violent crime to present information for consideration by the board at the parole hearing.
Illinois HB 2478
Affords victims of offenses involving prostitution the opportunity to offer a victim impact statement and evidence in aggravation or mitigation at a sentencing hearing.
Illinois HB 2526
Amends Illinois law to allow a victim’s previous out-of-court statements to be introduced as evidence in a trial if he/she were intimidated by the defendant.
Illinois SB 1457
Requires that individuals on probation, parole, or mandatory supervised release who seek transfers to another state subject to the Interstate Compact for Adult Offender Supervision make his restitution payments before being awarded the transfer.
Indiana SB 515
Clarifies current law to reduce an award from the violent crime victims compensation fund by the amount of restitution actually received from the offender and benefits actually received from a third party on behalf of the offender - not benefits to be received.
Louisiana HB 577
Provides that victims of crimes will not be required to pay any fees associated with recording restitution orders in the mortgage records of the courthouse.
Maine HB 898
Adds stalking to the list of crimes for which a victim must be informed of the release of the defendant. Requires notification to a victim of the defendant's release when the defendant is institutionalized after being found incompetent to stand trial.
Maine HB 1103
Expands the definition of "family or household member" of a victim to include other individuals "who bear an equally significant relationship to the victim" to the list of those who may access the Victims' Compensation Fund.
Maryland HB 233
Authorizes a circuit court or the district court to extend the defendant's probation beyond a specified time period if such extension is for making restitution to the victim.
Maryland SB 186
Provides that a parent or guardian of a victim may be eligible for compensation for lost wages as a result of caring for a victim. Allows an additional award of up to $25,000 to a victim if the injury to the victim results in permanent, total disability.
Massachusetts HB 4160
Establishes a permanent memorial fund to the Massachusetts victims of the September 11th attacks.
Massachusetts SB 1636
Proclaims September 11th as Unity Day, the state’s official day honoring all September 11th victims and heroes.
Michigan SB 442
Revises the order of priority for paying victim’s compensation by adding the payment for the state costs for conviction for first degree sexual assault.
Minnesota SB 964
Allows victims to give input earlier in the plea agreement process by allowing their presence and input at the hearing during which the plea is presented to the court.
Missouri SB 5
Requires that presentence or preparole reports include both the recommended sentences established by the Sentencing Advisory Commission and cover available alternatives to incarceration, including opportunities for restorative justice. Gives courts discretion to depart from commission-recommended sentences and to order restorative justice methods that may include restitution; offender treatment programs; mandatory community services, community-based residential and nonresidential programs. Amends victim right-to-be present provisions to allow the right to be present at proceedings even if the victim is or may be called to testify.
Missouri SB 467
Increases the surcharge on all criminal and juvenile court proceedings for the Crime Victims' Compensation Fund from $5 to $7.50.
Nebraska LB 228
Provides a state-sponsored post office box address to keep the addresses of victims of stalking, sexual assault and domestic violence confidential.
Nevada AB 73
Reduces from age 65 to 60 for determining an increase in penalties for a crime against an elderly person.
Nevada AB 336
Provides that a victim must be notified if a defendant is released before or during trial. Provides that a victim may request notification through an automated or computerized notification system, if such is available.
New Hampshire HB 248
Requires that victims be given the juvenile offender’s name, gender, age, address, offense charged, custody status, adjudicatory status and disposition in juvenile delinquency cases.
New Hampshire HB 389
Provides that a crime victim may designate a representative to help in making a victim impact statement to the court. Provides that such victim impact statement may include injuries, harm or damages that were not fully determined or discovered at the time the information or indictment was filed.
New Jersey AB 2233
Exempts the income of the victims who died on Sept. 11 from New Jersey's gross income tax.
New Jersey AB 3226
Allows victims of identity theft to pursue civil actions against the offenders.
New Jersey SB 817
Requires that any party contracting to pay more than $10,000 for criminal memorabilia deposit those funds into an escrow account for victims.
New Jersey SB 1143
Gives victims of sexual assault the opportunity to consult with the prosecutor on plea negotiations.
New Mexico SB 31
Allows a court to order an offender convicted of making a bomb scare to reimburse the victim for economic harm.
New York AB 8671
Changes the expiration of the Mandatory Surcharge and Victim Assistance Fee to Sept. 1, 2005.
Oklahoma SB 616
Authorizes a victim to be notified on the commutation of the offender's sentence -- including the commutation of a sentence of life without parole.
Oregon SB 610
Requires employers to allow crime victims to take a leave from employment to attend criminal or juvenile proceedings.
Oregon SB 617
Requires restitution in all cases in which a victim suffers injury, loss or damage. Changes the offender’s ability to pay from a “required consideration” to a factor in determining the payment schedule. Deletes the requirement that the court consider the rehabilitative effect of the payment of restitution in criminal cases. Allows a person required to pay restitution as a result of a juvenile adjudication to seek relief from paying the full amount.
Oregon SB 106
Expands the definition of "survivor" for purposes of crime victims' compensation to include any "household member" in addition to spouse, parent, guardian, sibling, child or other immediate family member.
South Dakota HB 1057
Provides victims of crimes the right to copies of law enforcement reports that are related to the crime at the discretion of the state's attorney, or upon motion and order of the court.
Tennessee HB 2036
Adds the commissioner of Human Services to the Victims of Crime State Coordinating Council.
Tennessee SJR 148
Designates April 6-12, 2003, as Victims' Rights Week.
Texas HB 670
Allows a victim to use a pseudonym for public files and records of any offenses that occur during the same criminal episode as a sexual offense.
Texas HB 1027
Protects the right to privacy of public employees who have been victims of violent crime by requiring that where there is no prevailing public interest in releasing identifying information regarding a victim of a violent crime, workplace privacy and security should prevail.
Texas HB 1895
Provides limited compensation for immediate family members of deceased crime victims
for out-of-pocket travel expenses associated with attending the funeral, and provides a bereavement period to reimburse lost wages for up to 10 work days, or a maximum of $1,000.
Texas SB 1015
Keeps confidential certain identifying information that is held by the government or filed with a court and that is contained in a victim impact statement or was submitted for purposes of preparing a victim impact. Applies to a crime victim's name, Social Security number, address, and telephone number, and any other information the disclosure of which could be used to identify a crime victim.
Texas SB 1245
Transfers the Crime Victims' Institute from the Office of the Attorney General to Sam Houston State University. Currently, the Office of the Attorney General houses the Crime Victims' Institute and Sam Houston State University houses the National Institute of Victim Studies, whose function is to conduct professional education, conduct research on crime victim issues, and educate the next generation of victim services advocates.
Vermont SB 15
Creates a restitution unit within the Center for Crime Victims Services for the purpose of managing the restitution special fund, collecting restitution from offenders when it is ordered by the court, and making restitution payments to victims.
Virginia SB 1003
Expands the services and information that law enforcement, the attorney for the Commonwealth and the Attorney General's Office must supply to victims of crimes, to include additional and more timely information about the investigatory and post-trial process.
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 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/
