STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

SENATE BILL 1619	By:	Simpson

AS INTRODUCED

An Act relating to victims' rights; amending 21 O.S. 2011, Section 142A-2, which relates to victims and witnesses rights; requiring notice of certain proceedings to certain persons; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     21 O.S. 2011, Section 142A-2, is amended to read as follows:
Section 142A-2.  A.  The district attorney's office shall inform the victims and witnesses of crimes of the following rights:
1.  To be notified that a court proceeding to which a victim or witness has been subpoenaed will or will not go on as scheduled, in order to save the person an unnecessary trip to court, and to be notified of any other court proceeding related to the case;
2.  To receive protection from harm and threats of harm arising out of the cooperation of the person with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available and how to access protection;
3.  To be informed of financial assistance and other social services available as a result of being a witness or a victim, including information on how to apply for the assistance and services;
4.  To be informed of the procedure to be followed in order to apply for and receive any witness fee to which the victim or witness is entitled;
5.  To be informed of the procedure to be followed in order to apply for and receive any restitution to which the victim is entitled;
6.  To be provided, whenever possible, a secure waiting area during court proceedings that does not require close proximity to defendants and families and friends of defendants;
7.  To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence.  If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis and property the ownership of which is disputed, shall be returned to the person;
8.  To be provided with appropriate employer intercession services to ensure that employers of victims and witnesses will cooperate with the criminal justice process in order to minimize the loss of pay and other benefits of the employee resulting from court appearances;
9.  To have the family members of all homicide victims afforded all of the services under this section, whether or not the person is to be a witness in any criminal proceeding;
10.  To be informed of any plea bargain negotiations;
11.  To have victim impact statements filed with the judgment and sentence;
12.  To be informed if a sentence is overturned, remanded for a new trial or otherwise modified by the Oklahoma Court of Criminal Appeals;
13.  To be informed in writing of all statutory rights;
14.  To be informed that when any family member is required to be a witness by a subpoena from the defense, there must be a showing that the witness can provide relevant testimony as to the guilt or innocence of the defendant before the witness may be excluded from the proceeding by invoking the rule to remove potential witnesses;
15.  To be informed that the Oklahoma Constitution allows, upon the recommendation of the Pardon and Parole Board and the approval of the Governor, the commutation of any sentence, including a sentence of life without parole;
16.  To receive written notification of how to access victim rights information from the interviewing officer or investigating detective; and
17.  To a speedy disposition of the charges free from unwarranted delay caused by or at the behest of the defendant or minor.  In determining a date for any criminal trial or other important criminal or juvenile justice hearing, the court shall consider the interests of the victim of a crime to a speedy resolution of the charges under the same standards that govern the right to a speedy trial for a defendant or a minor.  In ruling on any motion presented on behalf of a defendant or minor to continue a previously established trial or other important criminal or juvenile justice hearing, the court shall inquire into the circumstances requiring the delay and consider the interests of the victim of a crime to a speedy resolution of the case.  If a continuance is granted, the court shall enter into the record the specific reason for the continuance and the procedures that have been taken to avoid further delays.
B.  The district attorney's office may inform the crime victim of an offense committed by a juvenile of the name and address of the juvenile found to have committed the crime, and shall notify the crime victim of any offense listed in Section 2-5-101 of Title 10A of the Oklahoma Statutes of all court hearings involving that particular juvenile act.  If the victim is not available, the district attorney's office shall notify an adult relative of the victim of said hearings.
C.  The district attorney's office shall inform victims of violent crimes and members of the immediate family of such victims of their rights under Sections 14 and 15 of this act and Section 332.2 of Title 57 of the Oklahoma Statutes.
D.  In any felony case involving a violent crime or a sex offense, the district attorney's office shall inform the victim, as soon as practicable, or an adult member of the immediate family of the victim if the victim is deceased, incapacitated, or incompetent, of the progress of pretrial proceedings which could substantially delay the prosecution of the case.
SECTION 2.  This act shall become effective November 1, 2014.

54-2-2650	TEK	1/15/2014 2:58:45 PM