2015 -- H 5661

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LC000707

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - VICTIM'S RIGHTS

     Introduced By: Representatives Roberts, Lancia, Nardolillo, Costa, and Giarrusso

     Date Introduced: February 26, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-28-3 of the General Laws in Chapter 12-28 entitled "Victim's

Rights" is hereby amended to read as follows:

     12-28-3. General rights. -- (a) Each victim of a criminal offense who either makes a

timely report of the crime and who cooperates with law enforcement authorities in the

investigation and prosecution of the offense, or who makes a report of any offense which would

be a violation of §§ 11-37-2, 11-37-4, or 11-37-8.1, and who cooperates with law enforcement

authorities in the investigation and prosecution of the offense, shall have the following rights:

      (1) To be notified no less frequently than every three (3) months by law enforcement

authorities of the status of the investigation, until the time that the alleged perpetrator is

apprehended or the investigation closed. In the case of a criminal offense that results in the

victim's death, the law enforcement authorities shall provide notification to a designated family

member of the victim;

      (2) To be notified by law enforcement authorities of the arraignment of the alleged

perpetrator before a court empowered to set bail; and to be informed of the release of the alleged

perpetrator on bail or personal recognizance;

      (3) To receive protection from harm and threats of harm arising out of the victim's

cooperation with law enforcement and prosecution efforts, and to be provided with information as

to the means of protection available;

      (4) To be notified of all court proceedings at which the victim's presence is required in a

reasonable amount of time prior to the proceeding, and to be notified of the cancellation of any

scheduled court proceeding in sufficient time to prevent an unnecessary appearance at the

courthouse;

      (5) To be provided, whenever feasible, with a secure waiting area during court

proceedings that does not require the victim to be in close proximity to the defendant and the

family and friends of the defendant;

      (6) To be informed of the procedure to be followed in order to apply for and receive any

witness fee to which the victim is entitled;

      (7) To be provided with appropriate employer intercession services to ensure that the

employer of the victim will cooperate with the criminal justice process in order to minimize the

employee's loss of pay and other benefits resulting from court appearances;

      (8) To have any stolen or other personal property expeditiously returned by law

enforcement agencies when no longer needed as evidence;

      (9) To be informed of financial assistance and other social services available to crime

victims and the manner of applying for them. All eligible victims shall be informed of the

existence of the criminal injuries compensation fund and the manner of applying for it;

      (10) To be consulted by the administrator of probation and parole in the course of his or

her preparation of the presentence report on felony cases and to have included in that report a

statement regarding the impact which the defendant's criminal conduct has had upon the victim;

      (11) To be afforded the right to address the court prior to sentencing in those cases where

the defendant has been adjudicated guilty following a trial;

      (12) To be informed of the disposition of the case against the alleged offender;

      (13) To be notified in felony cases whenever the defendant or perpetrator is released

from custody at the adult correctional institutions. When release is ordered prior to final

conviction, it shall be the responsibility of the governmental entity having final responsibility for

the defendant's supervised custody to give notice to the victim. When release is granted by parole,

the notice to the victim shall be given by the parole board. In all other cases when release is

granted, the notice to the victim shall be given by the department of corrections. Victims who

wish to be notified by the department of corrections shall register their names and the addresses

they wish the notices to be sent with the department of corrections. Department of corrections

notification shall also include furlough, transfer out of state, escape and death;

      (14) To be afforded the opportunity to make a statement, in writing and signed,

regarding the impact which the defendant's criminal conduct had upon the victim. The statement

shall be inserted into the case file maintained by the attorney general or prosecutor and shall be

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presented to the court for its review prior to the acceptance of any plea negotiation. The statement

shall be submitted to the parole board for inclusion in its records regarding the defendant's

conduct against the victim; and

      (15) To be informed by the prosecuting officer of the right to request that restitution be

an element of the final disposition of a case.

      (b) The rights afforded to the victim of a crime by this section shall be afforded as well

to the immediate families of homicide victims.

      (c) Unless otherwise specified, in felony cases it shall be the responsibility of the

attorney general and the victims' services unit as described in § 12-28-9 to make certain that the

victim receives the notification that is required by this section. In misdemeanor cases, it shall be

the responsibility of the law enforcement agency making the arrest and of the victims' service unit

as described in § 12-28-9 to make certain that the victim receives the notification that is required

by this section.

     SECTION 2. This act shall take effect upon passage.

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LC000707

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE - VICTIM'S RIGHTS

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     This act would require that a victim of a sexual assault under §§ 11-37-2, 11-37-4, and

11-37-8.1, be afforded the protections of the Victim's Rights Act, regardless of when the crime

occurred, as long as it is reported to authorities and the victim cooperates.

     This act would take effect upon passage.

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LC000707

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