Section 12.61.015. Duties of prosecuting attorney.

   (a) If a victim of a felony or a crime involving domestic violence requests, the prosecuting attorney shall make a reasonable effort to
        (1) confer with the person against whom the offense has been perpetrated about that person's testimony before the defendant's trial;
        (2) in a manner reasonably calculated to give prompt actual notice, notify the victim
             (A) of the defendant's conviction and the crimes of which the defendant was convicted;
             (B) of the victim's right in a case that is a felony to make a written or oral statement for use in preparation of the defendant's presentence report, and of the victim's right to appear personally at the defendant's sentencing hearing to present a written statement and to give sworn testimony or an unsworn oral presentation;
             (C) of the address and telephone number of the office that will prepare the presentence report; and
             (D) of the time and place of the sentencing proceeding;
        (3) notify the victim in writing of the final disposition of the case within 30 days after final disposition of the case;
        (4) confer with the victim concerning a proposed plea agreement before entering into an agreement;
        (5) inform the victim of a pending motion that may substantially delay the prosecution and inform the court of the victim's position on the motion; in this paragraph, a "substantial delay" is
             (A) for a misdemeanor, a delay of one month or longer;
             (B) for a felony, a delay of two months or longer; and
             (C) for an appeal, a delay of six months or longer.
   (b) The notice given under (a)(2) of this section must inform the victim that the statement, sworn testimony, or unsworn oral presentation of the victim may contain any relevant information including
        (1) an explanation of the nature and extent of physical, psychological, or emotional harm or trauma suffered by the victim;
        (2) an explanation of the extent of economic loss or property damage suffered by the victim;
        (3) an opinion of the need for and extent of restitution and whether the victim has applied for or received compensation for loss or damage; and
        (4) the recommendation of the victim for an appropriate sentence.
   (c) The state and the prosecuting attorney may not be held liable in damages for any failure to comply with the requirements of this section.

Notes

Recent Bills that will modify this

SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS

History

(Sec. 9 ch 59 SLA 1989; am Sec. 11, 12 ch 57 SLA 1991; am Sec. 16 ch 64 SLA 1996; am Sec. 2 ch 72 SLA 2012; am Sec. 94 ch 36 SLA 2016)