Updated January 24, 2007
2005 Victims' Rights Enactments
Lawmakers continued to enact policies creating and expanding victims’ rights and services in 2005.
Missing Person
Trafficking
Victims' Rights
California AB 940
Extends the $2 fee increase on death certificates issued by a local government agency to fund the "Missing Persons DNA Data Base."
Illinois HB 181
Authorizes the Department of State Police Law of the Civil Administrative Code to retain the fingerprint record of a child fingerprinted at a department data collection location. Requires the permission of the child's parent or guardian and permits retention and use only if the child is later missing or abducted, if an Amber Alert is issued for that child, or if a missing person report is filed for that child. Requires that the department destroy the record after the child reaches age 18, unless the 18-year-old authorizes retention of the record.
Illinois HB 2241
Requires the Department of State Police to develop a statewide emergency alert system for missing endangered seniors. Requires the department to begin an investigation concerning the missing endangered senior no later than 24 hours after receiving notification of the missing endangered senior. Requires the Illinois Law Enforcement Training Standards Board to provide a training program for law enforcement personnel of local governmental agencies in the statewide emergency alert system for missing endangered seniors (rather than the child abduction alert system).
Illinois HB 2445
Requires the secretary of state and the Department of Revenue to establish and maintain programs to mail information on missing children to Illinois residents. Requires that the secretary of state and the department to include information on missing children with certain other forms that it mails to taxpayers in the state. Requires the Department of Revenue to publish on its Internet web site photographs and other information concerning missing children.
Indiana HB 1159
Requires a law enforcement agency that receives a report concerning a missing endangered senior to prepare and forward a report within five hours to other law enforcement agencies and the National Crime Information Center and to broadcasters in the area as to where the senior may be located. Provides civil immunity to a broadcaster or newspaper that publishes or broadcasts a senior medical alert.
Iowa HB 685
Prohibits the routine collection, use and storage of fingerprints of children by governmental entities (including schools), except with the written consent of parents.
Nebraska LB 111
Establishes the Missing Persons Information Clearinghouse within the nebraska State Patrol to be used by all law enforcement agencies in the state and to serve as a central repository for information on missing persons.
New Hampshire SB 46
Requires the attorney general to establish uniform procedures for law enforcement officials when receiving reports of missing adults. Requires law enforcement agencies to immediately complete a missing person report and provide identifying and descriptive information to the National Crime Information Center, if an adult is reported missing.
New Jersey AB 1816
Requires the Department of Law and Public Safety to establish policy for State Police and local law enforcement in working with the Safe Return Program to recover lost individuals with Alzheimer's Disease and related disorders.
New York AB 8312
Requires the unit within the division of criminal justice services designated to missing children response and notification plans make ongoing outreach efforts to local government entities and local law enforcement agencies to assist such entities and agencies in the implementation and operation of such plans.
Oklahoma S 646
Makes retroactive to all felons incarcerated the requirement of submitting a DNA sample to the state data base; includes those on probation supervision. Requires $150 fee of any person convicted of a felony offense, to the bureau of investigation revolving fund for the DNA laboratory and related functions. Places requirement on Department of Corrections for most sample collections. Renames state’s DNA data base to that of OSBI Combined DNA Index System (CODIS), to include index systems for unknown forensic evidence samples; suspect samples; convicted offender data base; missing persons and unidentified remains data base.
Texas SB 651
Moves the existing statutory language establishing the University of North Texas Health Science Center at Forth Worth (UNTHSC) to the Code of Criminal Procedure so that UNTHSC can directly upload forensic cases into the FBI's CODIS system. Requires a justice of the peace, county coroner, medical examiner, or other law enforcement entity to retain a sample from unidentified remains prior to burial or cremation and forward the sample to the Texas Missing Persons DNA Database.
Virginia SB 317
Increases form 18 to 21 the age of a person for whom a missing child report may be filed.
Arizona HB 1372 (A.R.S. §13-306)
Establishes human trafficking and human smuggling as felonies in Arizona. Makes sex trafficking, if committed against a person who is under 15 years of age, a dangerous crime against children. Provides for restitution to victims of sex trafficking and people who were trafficked for the purposes of forced labor or services.
California AB 22 (Chapter 240)
Establishes trafficking in human beings as a felony punishable by three, four or six years in state prison. Allows for forfeiture of assets derived from human trafficking. Creates the California Alliance to Combat Trafficking and Slavery (California ACTS) Task Force. Requires the court to order the offenders found guilty of human trafficking to pay restitution to their victims.
California SB 180 (Chapter 239)
Establishes the California Alliance to Combat Trafficking and Slavery Task Force to evaluate various programs available to victims of trafficking and various criminal statutes addressing human trafficking, and report to the Legislature, governor and attorney general on or before July 1, 2007.
Colorado HB 1143 (C.R.S. §18-1.8-101)
Creates an interagency task force on human trafficking. Task force duties include: collecting and organizing data on the nature of trafficking in the state; investigating collaborative models for protecting the victims; measuring and evaluating progress of the state in preventing trafficking and prosecuting offenders; identifying available federal, state and local programs that provide services to victims; evaluating approaches to increase public awareness of trafficking; and analyzing existing state criminal statutes for their adequacy in addressing trafficking.
Idaho HCR 18
Authorizes the Legislative Council to appoint a committee to undertake and complete a study of human trafficking. The committee is charged with the following: data collection and findings on the nature and extent of human trafficking in Idaho; identification of available federal, state and local programs that provide services to trafficking victims; analysis and recommendations regarding the ability of existing state criminal statutes to address trafficking; and recommendations regarding the prevention of trafficking, the prosecution of offenses, and victim assistance.
Illinois HB 1469 (Act No. 94-9)
Creates the offenses of involuntary servitude, sexual servitude of a minor, and trafficking of persons for forced labor and services. Mandates restitution and provides that the attorney general, in cooperation with the Administrative Office of the Illinois Courts, State’s Attorneys, Circuit Court officials, the Department of Human Services, and the Department of Public Aid, must ensure that victims of trafficking or involuntary servitude are referred to appropriate social services, federal and state public benefits programs, victim protection services and immigration assistance services.
Kansas SB 72 (K.S.A. §21-3707)
Creates the crime of trafficking as a severity level 2, person felony and aggravated trafficking as a severity level 1, person felony.
Louisiana HB 56 (Act 187)
Creates the human crime of trafficking as a separate state crime, defined as intentionally recruiting, harboring or transporting another person through fraud, force or coercion to provide services or labor. Provides the following penalties: (1) Human trafficking -- a fine up to $10,000 and imprisonment for up to 10 years. (2) Human trafficking when the purpose includes certain forms of sexual activity -- a fine of up to $15,000 and imprisonment for up to 20 years. (3) Human trafficking involving a person under the age of 18 -- a fine up to $25,000 and imprisonment for not less than five, no more than 25 years.
Minnesota HF 1/SF 609/Chapter 136 of 2005 (Omnibus Crime Bill)
Requires the Department of Public Safety to research and develop a plan to address human trafficking and assist victims of the crime.
Missouri HB 353 (Section 566.200 – 566.223)
Addresses human trafficking by establishing requirements for international matchmaking organizations. Provides that intentionally providing false or incomplete information required by these provisions is a class D felony.
New Jersey AB 2730 (Chapter 77)
Establishes human trafficking as a crime of the first degree, which is defined as "using a person for the purposes of engaging in unlawful sexual activity or providing unlawful labor or services." Provides a mandatory term of imprisonment where the defendant participates in the human trafficking scheme as an organizer, supervisor, financier or manager. The mandatory term of imprisonment would be for 20 years.
Washington SB 5127 (Chapter 358)
Improves services to victims of human trafficking by requiring the director of the Office of Community Development to convene a work group to develop written protocols for service delivery to victims of trafficking. The work group will include other state agencies and will develop protocols for policies and procedures for interagency coordinated operations. A database will be established which is available to all affected agencies, listing services to victims of human trafficking. This workgroup submitted the final written protocols with a report to the Legislature and the Governor.
Alaska HB 54
Allows victims and defendants to be introduced to a jury at trial or jury selection. Gives victims the right to file a petition for review in an appellate court if a convicted defendant receives a sentence below the sentencing range.
Arizona HB 2337
Allows victims to exercise all rights even if the offense against the victim has been charged, but the count was dismissed because the defendant accepted a plea agreement to other charges. Requires the prosecutor to notify the probation department if the victim has requested rights.
Arizona SB 1047
Changes the term “community service” to “community restitution” so that the administration and operation of existing community service organizations will not be affected.
Arizona SB 1152
Prescribes that a juvenile restitution order does not expire until paid in full. Requires the clerk of the court to send a copy of the juvenile restitution order to each person who is entitled to restitution. Allows a juvenile restitution order to be recorded and enforced as any civil judgment.
Arizona SB 1267
Provides that in order to ensure that any victim who comes before the juvenile court has been advised of his or her rights, a judge must read a prescribed statement when each victim first appears in the court.
Arizona SB 1376
Allows the state and the applicable unit or qualified program to be given the rights of an individual who has received money from the Victim Compensation and Assistance Fund in order to recover or receive money or benefits from a third party.
Arizona SB 1429
Expands the definition of "victim" in homicide cases to include spouse, parent, child, grandparent, sibling, and any other person related by consanguinity or affinity to the second degree, to the person who was killed. Applies this new definition in the victims’ rights for juvenile offenders, sentences of death, life imprisonment or natural life and imposition.
Arizona SB 1433
Allow victims to exercise their rights despite any plea agreement throughout the criminal justice process -- for victims of crimes committed by both adults and juveniles. Requires the court to notify the victim, upon request, of any hearing on a proposed modification of the terms of probation. Allows victims to file a notice of appearance in an appellate proceeding seeking to enforce a right that is guaranteed in law or court rule. Applies to victims of juvenile and adult offenders. Establishes a specific statement of rights to be read at the time each victim first appears in juvenile court. Provides that the enforcement of a criminal restitution order includes the collection of accrued interest in the same manner as any civil judgment. Allows victims the right to respond to a request for an extension of time to file a brief in any appellate proceeding or any post-conviction relief proceeding for a capital case, within 10 days of the filing for the extension request. Modifies the current statement of rights read to victims of adult offenders to include the rights to justice and due process under Arizona law, including the right to a speedy trial and a prompt and final conclusion of the case.
Arkansas HB 2529
Creates an address confidentiality program for victims of domestic violence or their dependents. Allows the use of a post office box.
Arkansas SB 313
Requires the Post Prison Transfer Board to notify victims of their offender's clemency hearing.
California AB 70
Requires the Department of Motor Vehicles to immediately issue replacement license plates when requested by a victim of rape or sexual battery.
California AB 346
Appropriates money from various funds to the executive officer of the California Victim Compensation and Government Claims Board to pay claims accepted by the board.
California AB 620
Lowers the age from 70 to 65 years as a ground for conducting a conditional examination of a witness to preserve his or her testimony in cases involving the commission of serious felonies. Extends the right of defendants, as well as to the prosecution, to request a conditional examination of a witness where there is evidence that the witness's life is in jeopardy.
California SB 138
Expands the use of testimony by closed-circuit television to also include child abuse cases. Changes the standards for the use of closed-circuit television.
California SB 719
Increases the penalties for fleeing in a motor vehicle from police. Provides immunity from liability for law enforcement agencies for injuries from police vehicle pursuits if they adopt a pursuit policy and engage in regular and periodic training.
California SB 972
Makes various changes to improve the recovery of restitution for the California Victim Compensation and Government Claims Board. Allows restitution hearings for inmates to be conducted via video teleconferencing. Allows judges to apply funds confiscated at arrest to restitution debt. Requires board notification when an inmate inherits money.
Connecticut HB 6579
Prohibits judges from excluding victims from youthful offender or juvenile delinquency proceedings unless they find good cause for doing so. Requires judges to clearly and specifically state their reasons on the record. Requires courts, in youthful offender proceedings, to allow crime victims to make a statement before the court accepts a plea agreement or imposes a sentence based on a plea. Allows a court to appoint any appropriate person to act as an advocate for victims.
Connecticut HB 6881
Establishes a Victim Services Unit in the Department of Correction. Requires the unit to: 1) receive notice from inmates applying for release or sentence reduction or review; 2) receive notice from people applying for sex offender registration exemptions or for restriction or removal of restriction on dissemination of registration; 3) receive requests for notification from victims or their immediate family members including notices of change of address; 4) upon request notify victims; and 5) notify the board, agency, or court when the unit has complied with the notification requirements.
Connecticut HB 6976
Removes the deadline for eligible crime victims or their immediate families to request the Office of Victim Services to waive the time limit for victim compensation applications. Creates the Criminal Justice Policy and Planning Division within the Office of Policy and Management to oversee and coordinate criminal justice planning in the state. Requires the division, among other things, to cooperate with the Office of the Victim Advocate to provide information and assistance to that office related to improving victims’ services.
Connecticut SB 34
Protects harassment victims from further harassment by including harassment in the first degree and harassment in the second degree as offenses for which a court may issue a protective order.
Connecticut SB 1280
Requires the Department of Correction to notify the Office of Victim Services whenever it releases an inmate on a reentry furlough.
Delaware HB 92
Allows judges or magistrates to authorize the seizure of funds that were illegally obtained and placed in bank accounts or which are converted to avoid detection or forfeiture. Permits the seizure of such assets for the purpose of making the money available to repay victims of economic and other crimes.
Florida HB 1591
Expands a public-records exemption for the names, addresses and telephone numbers of participants in the Address Confidentiality Program for Victims of Domestic Violence.
Florida SB 538
Clarifies that prosecution may introduce and argue victim-impact evidence to jury.
Georgia HB 172
Strengthens the state’s restitution laws to require that restitution be ordered to victims of crime and creates new tools to help ensure that victims receive the restitution owed them. Allows victims of crime in many cases to delay bringing a civil action against the perpetrator of a crime until the prosecution of the criminal case is complete. Requires the court to consider victim impact statements prior to sentencing or determining restitution. Makes restitution easier to collect by codifying a procedure that will allow the enforcement of restitution orders after the criminal sentence is complete. Allows restitution to be ordered even if a defendant is sentenced to prison for a period of life imprisonment, life without parole or even death penalty cases. Clarifies that individuals, businesses and other organizations are entitled to restitution. Requires that whenever possible, juveniles that commit a crime must make restitution to their victims. Authorizes courts to make the parents who have supervisory responsibility over the child to pay restitution to the victim where the court finds that the parents knew or should have known of the juvenile's propensity to commit such acts or the acts are due to the parents' negligence or the parents' reckless disregard. Provides that in any case where the state, county or city is due restitution, the victim must receive any restitution first. Requires that at least 50 percent of all payments by criminals be used to satisfy restitution to victims before any such payment can be used to satisfy other fines and/or fees. Allows the court to require an offender to assign his or her wages to pay restitution. Requires the clerk of court, probation or parole officers to review all restitution orders at least twice a year to ensure that restitution is being paid.
Hawaii HB 278
Mandates that defendants make restitution to victims. Removes judicial discretion and provides that a defendant's financial ability to make restitution payments may be considered only in connection with establishing a restitution payment schedule.
Hawaii HB 1462
Allows the attorney general to administer programs for the prevention of sexual violence and the protection and treatment of victims of sexual violence.
Idaho SB 1038
Increases the funeral, burial and cremation benefits for victims of violent crime from $2,500 to $5,000 when they have no other source of funding. Expands eligibility for mental health treatment for family members of victims of kidnapping, domestic violence, and child injury. Currently only family members of sexual assault victims or homicide victims are eligible for this benefit. Expands the definition of family members eligible for this benefit to include grandparents and grandchildren of the victim.
Illinois HB 215
Provides that in the case of a prosecution of multiple defendants for criminal sexual assault, the court, in deciding a motion to sever the charges and try the defendants separately, must consider the impact upon the alleged victim of multiple trials requiring the victim's testimony.
Illinois HB 701
Allows the court to consider restitution as an appropriate sentence to be imposed on each defendant convicted of an offense in addition to a sentence of imprisonment.
Illinois HB 1134
Adds expenses for the care and counseling by licensed clinical professional counselors to the definition of pecuniary loss to crime victims.
Illinois SB 287
Defines hate crime as when by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, a person commits harassment through electronic communications by threatening injury to a person or to the property of a person. Provides that a hate crime is also committed when for the prohibited reasons a person interrupts, with the intent to harass, the telephone service or electronic communication service of a person.
Illinois SB 292
Allows the parents of a crime victim to be present and give impact statements at juvenile proceedings.
Illinois SB 416
Expands the definition of pecuniary loss to include the first month's rent and security deposit of the dwelling that the claimant relocated to and other reasonable relocation expenses incurred as a result of the crime.
Indiana SB 230
Allows the Department of Corrections to establish an automated victim notification system to notify a registered victim by phone when a committed offender's status changes or the offender is released or has escaped. Allows victims to register for the system by telephone.
Indiana SB 472
Increases from 49 to 96 hours the time a victim of a sex crime who is least 18-years old has to report the crime to qualify for reimbursement for emergency medical services.
Iowa HB 619
Requires that for an alleged victim of sexual assault, a peace officer must use all reasonable means to prevent further violence against the victim, which may include staying with the victim until other parties arrive, advising the victim of court assistance and orders, and assisting with medical treatment. Authorizes the Victim Information and Notification Everyday (VINE) system in the state.
Louisiana HB 51
Provides that the definition of stalking is the intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress.
Louisiana HB 784
Provides an exception to the confidentiality requirement of identifying information of juvenile crime victims when the crime results in the death of the juvenile.
Maine HB 613
Requires courts to be clearer when ordering restitution. In cases of joint and several restitution orders, gives the Department of Corrections and district attorneys the ability to continue to collect from offenders and distribute money back to offenders. Requires that supervision fees be ordered only once for concurrent crimes.
Maine SB 71
Makes the crime of sexual exploitation of minors a crime compensable by the Victims' Compensation Board.
Maine SB 521
Requires prosecutors to notify victims of crime of any offender's motion seeking early termination of probation, administrative relief or conversion of probation to administrative relief. Allows the victim to address the court during any hearing on such a motion.
Maryland SB 122
Prohibits a person from harming another, threatening to harm another, or damaging or destroying property with the intent to induce a victim or witness not to report the facts relating to a crime or delinquent act. Prohibits solicitation of another person to harm another, threaten to harm another, or damage or destroy property with the intent to induce a victim or witness to avoid testifying at an official proceeding or not to report the facts relating to a crime or delinquent act.
Maryland SB 188
Does not exclude statements made by victims or witnesses in a judicial proceeding by the hearsay rule in felony cases involving drugs or a crime of violence if the statement is offered against someone who has procured the unavailability of the witness who made the statement.
Maryland SB 873
Allows restitution for rehabilitation expenses. Clarifies that the $10,000 cap of restitution is per child per incident and not aggregate children per incident. Requires the Division of Parole and Probation or Department of Juvenile Services to request the court to impose an earnings withholding order to collect restitution from an obligor's salary if the restitution is overdue and the restitution obligor is employed. Provides for the presumed necessity of specified restitution expenses when written documentation is provided.
Michigan HB 4588
Renames the Crime Victim's Rights Act to the "William Van Regenmorter Crime Victim's Rights Act" and makes the following amendments. Requires, rather than allows, a court to order restitution. Extends the act's restitution provisions to a defendant who was assigned to youthful trainee status or received a delayed sentence or deferral of judgment. Requires restitution for lost income of a victim's family member who left employment to care for a victim. Requires an order of restitution to require the defendant or juvenile to pay certain amounts to a parent, if the victim is a minor. Prohibits an offender from profiting from his or her crime. Requires the Department of Correction or county sheriff to notify a felony victim if an offender's probation is revoked and he or she was sentenced to more than 90 days' imprisonment. Exempts from the Freedom of Information Act a victim's oral or written statement to a parole board.
Michigan HB 4798
Imposes penalties to be used to pay for crime victim services when a person is charged with a felony or relevant misdemeanor that is resolved by conviction, by assignment of the defendant to youthful trainee status, by a delayed sentence or deferred entry of judgment of guilt, or in another way that is not an acquittal or unconditional dismissal.
Michigan HB 5023 and 5145
Allows judges at sentencing to impose additional fines, costs or assessments, including reimbursement costs to state or local governments. Requires that a sentenced prisoner ordered to pay a sum or money have 50% of any sum over $50 deducted by the Department of Corrections from his corrections account. Makes victim restitution priority ahead of any fines, costs, assessments imposed under this.
Minnesota HF 1/SF 609/Chapter 136 of 2005 (Omnibus Crime Bill)
Protects employees from retaliation when they want to take reasonable time off from work, with advance notice, to be involved in court proceedings as a result of a close family member being the victim of a heinous crime, or because of domestic violence.
Mississippi SB 2523
Extends the repeal date on the authority of counties to establish restitution centers to July 1, 2007.
Mississippi SB 2817
Requires that the cost of examination and preparation of the sexual assault evidence collection kit be paid by the Division of Victim Compensation. Provides that any defendant found guilty will then be ordered to make restitution to the division.
Montana HB 567
Allows for unemployment benefits for a victim quitting a job due to a sexual assault or stalking.
Montana SB 208
Increases the charge imposed upon the conviction of a misdemeanor or felony used to fund crime victim and witness advocacy programs from $25 to $50.
Nevada SB 271
Authorizes a victim of stalking to obtain a fictitious address from the secretary of state.
New Hampshire HB 214
Permits the parents of a sexual assault victim, who is 16 or younger, to remain with the victim during trial proceedings.
New Jersey SB 781
Provides that a monetary penalty be assessed against sex offenders in order to provide funding for the counseling and treatment of victims and their families.
New Mexico HB 555
Establishes crime victim restitution as a permissible lien. Allows a judgment of restitution to be enforced by the state, the victim entitled to receive restitution, a deceased victim’s estate or any other beneficiary.
New Mexico HB 692
Requires the courts at any scheduled court proceeding, to inquire on the record whether a victim is present to make an oral statement or submit a written statement to the court. If the victim is not present, requires the court to inquire to the district attorney as to whether or not the victim has been notified of the proceeding. Provides that any court proceeding be rescheduled or else continued with judgment reserved until the victim has been notified and given an opportunity to make a statement. Provides that unless good cause is shown, the court is not to accept plea agreements unless the district attorney has informed the victim of the contents of the proposed plea agreement and has obtained the victim’s views about the disposition of the case.
New York AB 714
Requires the Crime Victims Board to include information on the VINE program in the crime victims pamphlet. Requires the district attorney to consult with victims of violent felony offenses on the disposition of the case. Require such victims to receive notice on the final disposition of their case. Requires the Department of Corrections to notify district attorneys when an inmate is released from state custody.
New York AB 6717
Expands the definition of "out-of-pocket loss" to include expenses incurred by a victim as a result of the exacerbation of a preexisting disability or condition directly resulting from the crime. Provides for the notification of a claimant of an investigation of the claim and that he or she may be eligible for attorneys' fees.
New York SB 5196
Authorizes the crime victims board to make emergency awards to certain claimants for relocation expenses. "Relocation expenses" means the cost of relocating a crime victim when it is necessary for the health or safety of the victims. Costs include moving and transportation expenses not to exceed $25,000.
North Dakota HB 1139
Provides that victims' statements made in parole and pardon review remain confidential and may be disclosed only to the governor, the pardon advisory board or victims' authorized representatives.
Ohio HB 15
Requires the Department of Rehabilitation and Correction (DRC) to establish and operate an Internet database that contains specified offense, sentence, and release information for each inmate serving a prison term for certain designated violence-related or sex-related offenses. Specifies that no information included on the database may identify or enable the identification of any victim of any offense committed by an inmate. Permits any person to submit a written statement before an offender in the custody of DRC is granted a judicial release, parole, or transfer to transitional control or before a pardon or commutation is recommended for the offender and provides for DRC's consideration of statements submitted. Expands the content of the notice that must be provided to a victim under the Sex Offender Registration and victim notification laws to require that the notices, in addition to the information formerly required to be provided, also include the photograph of the subject sex offender or child-victim oriented offender or delinquent child.
Ohio HB 108
Allows a person to receive all of the rights afforded to crime victims under the Victim's Rights Law if: (1) the person receives injuries as a result of a vehicle, streetcar, trackless trolley, aquatic device, or aircraft accident caused by a violation of state law; or (2) the person receives injuries and medical treatment as a result of a motor vehicle accident that is caused by a violation of law that is a misdemeanor of the first degree or higher.
Oklahoma SB 715
Increases the award to $3,000 for counseling for each family member of a homicide victim. Increases the amount of compensation for burial expenses to $6,000.
Oklahoma SB 830
Increases the maximum fees for participation in a victim/offender reconciliation program.
Oregon HB 2050
Prohibits a sex offender from living within a three-mile radius of his victims, if the victim is still a child, and if that victim, or a parent or guardian, requests this limitation.
Oregon HB 2222
Provides that the Department of Justice has a lien upon judgments and settlement amounts payable to victims who received compensation from the department.
Oregon HB 2227
Authorizes the introduction of victim impact evidence in non-death penalty aggravated murder sentencing proceedings.
Oregon HB 2230
Replaces the term and definition for "pecuniary damages" with "economic damages" in order to better clarify the scope of damages that are eligible for restitution in criminal cases. Establishes a payment priority when multiple awards of restitution are imposed in criminal proceedings.
Oregon HB 2233
Provides that judgment in criminal actions containing an award of restitution will not expire for 50 years.
Oregon HB 2662
Prohibits the Employment Department from disqualifying individuals who are victims or parents or guardians of child victims of sexual assault, domestic violence or stalking from receiving unemployment benefits if these victims leave work to protect themselves from further victimization.
Oregon SB 198
Allows crime victims to select a personal representative to accompany them to all phases of the investigation and prosecution except the grand jury proceeding and certain child abuse assessments. Prohibits courts and law enforcement from preventing the personal representative from accompanying the victim.
Oregon SB 850
Creates the Address Confidentiality Program within the Department of Justice for victims of sexual assault, domestic violence and stalking who have relocated because of threats to their safety and a desire to have their address kept confidential. Requires the attorney general to designate a substitute address for program participants.
Oregon SB 978
Prohibits disclosure of a victim or witness's address, telephone number, Social Security number, date of birth and bank account number to a defendant in a criminal proceeding, unless the court orders disclosure.
Rhode Island HB 5548
Requires the attorney general and the courts to take appropriate action to ensure a speedy trial to minimize the length of time the victim or witness must endure. Requires the court to consider any adverse impact the delay or continuance may have on the well-being of the victim or witness when considering a motion or request for a delay or continuance.
Tennessee SB 517
Creates an exception to the maximum period of probation, for any person who commits a domestic violence related misdemeanor, by requiring the probation period for any such offender to be two years. Requires the sentencing judge to make a finding that the additional probation period is necessary for one of the following reasons: for the defendant to complete a treatment program; to make restitution to the victim; to change the defendant's behavior; or to ensure the victim's safety.
Tennessee SB 1061
Broadens the types of conduct that constitute stalking to include conduct that is harassing but does not place the victim in fear of physical harm. Creates Class E felony of aggravated stalking and Class C felony of especially aggravated stalking.
Texas HB 291
Provides notice to victims of violence or their families when a defendant has successfully used an insanity plea and is discharged or released to outpatient care. This affords victims the same notification as when an offender is criminally convicted of a violent crime.
Texas HB 546
Provides that a victim of sexual assault is entitled to a forensic medical examination if the assault was reported within 96 hours of its occurrence. Requires a law enforcement agency, with consent of the victim, to request a medical examination of the victim for use in the investigation or prosecution of the offense.
Texas HB 677
Allows the Department of State Health Services to request that hospitals submit a plan for providing emergency services to sexual assault patients. Requires the department to develop an information form for survivors that includes certain explanations regarding the examination and treatment. Establishes minimum standards for a health care facility to meet when providing emergency services.
Texas HB 1751
Allows courts to order full restitution to crime victims or to the Compensation to Victims of Crime fund. Allows a court to assess a $12 fee for the administration of restitution, to be collected in installments.
Vermont SB 102
Permits the Restitution Unit to share information with the Department of Motor Vehicles. Provides restitution-related information to the Department of Corrections concerning an offender under the department's supervision. Allows the Restitution Unit to reduce restitution payments if victims have been compensated through insurance payments or other means.
Virginia HB 1083
Clarifies that victim impact testimony is to be heard by the judge or jury whether the defendant is found guilty after trial or upon a guilty plea.
Virginia HB 1095
Exempts any victim who is to be called as a witness in a criminal trial from the rule authorizing the exclusion of all witnesses unless the exclusion is specifically required.
Virginia SB 354
Provides that in no case will records of the Commitment Review Committee involving the commitment of sexually violent pre relating to the victims of such predators be disclosed.
Virginia SB 1131
Increases the maximum funeral payout from $3,500 to $5,000. Specifies that the lack of a restitution order does not preclude the Criminal Injuries Compensation Fund from exercising its subrogation rights. Provides that upon the filing of a claim, health care providers are prohibited from undertaking debt collection activities until an award is issued or determined to be noncompensable. Upon request, the police departments of the cities and towns and the police departments or sheriffs of the counties may release current information on juvenile arrests or juvenile victims to the Virginia Workers' Compensation Commission solely for purposes of determining whether to make an award to the victim.
Virginia SB 2006
Provides that interest on an award of restitution runs from the date of the loss or damage, unless the court specifically orders interest to run from a different date.
Washington HB 2126
Gives dependent persons who are victims and witnesses of crimes the same rights as those afforded to crime victims.
Washington SB 5993
Appropriates $3,627,000 for the additional costs incurred by the Crime Victim's Compensation Program.
West Virginia HB 2319
Clarifies the definition of "claimant" to include persons who are assignees of a crime victim, hold power of attorney with respect to the crime victim, or otherwise have been authorized to act on a victim's behalf.
Wisconsin AB 62
Permits a court authority over the defendant's conduct during his or her term of confinement in prison or jail following a felony conviction. Allows the court, in the interest of public protection, to prohibit a defendant, during any part of the defendant's sentence, from contacting victims of the crime.
Wyoming HB 60
Requires courts to prohibit release of minor victims' names to protect the welfare of the minor child.
Wyoming HB 86
Gives victims, key witnesses, prosecutors, victim witness coordinators and advocates who have participated in a criminal prosecution the opportunity to be informed in writing by the board of parole about any decision to grant or modify parole; any pending revocation of parole; any return to custody; the revocation hearing date and disposition of revocation proceedings; any rescission of parole, or discharge from parole.
Wyoming HB 103
Clarifies that victim impact statements may be submitted at any hearing to determine, correct or reduce a sentence of the offender.
Wyoming HB 201
Establishes a funding formula for crime victim service providers and specifies their duties.
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/
