H 3768 Session 112 (1997-1998)
H 3768 General Bill, By Harrison
Similar(S 616)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
16-3-1350 SO AS TO PROVIDE FOR MEDICAL EXAMINATIONS OF VICTIMS OF SEXUAL
ASSAULTS; TO AMEND SECTION 16-3-1210, AS AMENDED, RELATING TO PERSONS ELIGIBLE
FOR AWARDS FROM THE VICTIM'S COMPENSATION FUND, SO AS TO DELETE THE PROVISIONS
THAT MAKE CERTAIN HEALTH CARE AND MEDICAL FACILITIES ELIGIBLE FOR AWARDS TO
COVER CERTAIN COSTS; TO AMEND ARTICLE 15, CHAPTER 3, TITLE 16, RELATING TO THE
VICTIM'S AND WITNESS'S BILL OF RIGHTS, SO AS TO DELETE THE PROVISIONS OF THIS
ARTICLE AND REPLACE IT WITH PROVISIONS PROVIDING FOR VICTIM AND WITNESS
SERVICES; AND TO PROVIDE A SEVERABILITY PROVISION.
04/01/97 House Introduced and read first time HJ-17
04/01/97 House Referred to Committee on Judiciary HJ-17
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 16-3-1350 SO AS TO PROVIDE
FOR MEDICAL EXAMINATIONS OF VICTIMS OF SEXUAL
ASSAULTS; TO AMEND SECTION 16-3-1210, AS AMENDED,
RELATING TO PERSONS ELIGIBLE FOR AWARDS FROM THE
VICTIM'S COMPENSATION FUND, SO AS TO DELETE THE
PROVISIONS THAT MAKE CERTAIN HEALTH CARE AND
MEDICAL FACILITIES ELIGIBLE FOR AWARDS TO COVER
CERTAIN COSTS; TO AMEND ARTICLE 15, CHAPTER 3,
TITLE 16, RELATING TO THE VICTIM'S AND WITNESS'S
BILL OF RIGHTS, SO AS TO DELETE THE PROVISIONS OF
THIS ARTICLE AND REPLACE IT WITH PROVISIONS
PROVIDING FOR VICTIM AND WITNESS SERVICES; AND TO
PROVIDE A SEVERABILITY PROVISION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 code is amended by adding:
"Section 16-3-1350. (A) The State shall ensure that alleged
victims of criminal sexual conduct in any degree or child sexual
abuse shall not bear the cost of his or her routine medicolegal exam
following the assault provided the victim has filed an incident report
with a law enforcement agency.
(B) These exams must be standardized relevant to medical
treatment and to gathering evidence from the body of the victim and
must be based on and must meet minimum standards for rape exam
protocol as developed by the South Carolina Law Enforcement
Division, the South Carolina Hospital Association, and the
Governor's Office Division of Victim Assistance with production
costs to be paid from funds appropriated to the Victim Compensation
Fund. These exams must include treatment for venereal disease, and
must include medication for pregnancy prevention if indicated and
if desired. The South Carolina Law Enforcement Division shall
distribute these exam kits to any licensed health care facility
providing sexual assault exams. When dealing with a victim of
criminal sexual assault, the law enforcement agency immediately
shall transport the victim to the nearest licensed health care facility
which performs sexual assault exams. A health care facility providing
sexual assault exams shall use the standardized protocol described
above.
(C) A licensed health care facility, upon completion of a routine
sexual assault exam as described in subsection (B) performed on an
alleged victim of criminal sexual conduct in any degree or of child
sexual abuse, provided the crime occurred in South Carolina, may file
a claim for reimbursement directly to the South Carolina Crime
Victim's Compensation Fund. The South Carolina Crime Victim's
Compensation Fund shall develop procedures for health care facilities
to follow when filing a claim with respect to the privacy of the
victim. Health care facility personnel shall obtain information
necessary for the claim at the time of the exam if possible. The South
Carolina Crime Victim's Compensation Fund shall reimburse eligible
health care facilities directly.
(D) The Governor's Office Division of Victim Assistance shall
utilize existing funds appropriated from the general fund for the
purpose of compensating licensed health care facilities for the cost of
routine medical exams for sexual assault victims as described above.
When the director determines that projected reimbursements in a
fiscal year provided in this section exceeds funds appropriated for
payment of these reimbursements, he shall direct the payment of the
additional services for the Victim's Compensation Fund. For the
purpose of this particular exam, the one hundred dollar deductible is
waived for award eligibility under the fund. The South Carolina
Victim's Compensation Fund shall develop appropriate guidelines
and procedures and distribute them to law enforcement agencies and
appropriate health care facilities."
SECTION 2. Section 16-3-1210 of the 1976 Code, as last amended
by Act 181 of 1989, is further amended to read:
"Section 16-3-1210. (1) Except as provided in Section
16-3-1220, a victim, surviving spouse, or a parent or legally
dependent child of a victim is entitled to file for benefits under this
article if either:
(a) the crime was committed in this State or
(b) the victim was a resident of this State when the crime was
committed in another state. In either case the award payable under
this article must be reduced by the amount paid or payable under the
laws of another state as a result of the criminal act giving rise to the
claim.
(2) A licensed health care or medical facility is eligible for an
award to cover the specific cost for a routine medicolegal exam of an
alleged victim of criminal sexual conduct in any degree or child
sexual abuse provided the victim has filed an incident report with the
police, provided the health care facility has performed the exam
adhering to sexual assault exam protocol standards developed by the
South Carolina Law Enforcement Division and the South Carolina
Hospital Association, and provided that the crime occurred in South
Carolina."
SECTION 3. Article 15, Chapter 3, Title 16 of the 1976 Code is
amended to read:
"Article 15
Victim's and Witness's Bill of Right
Victim and Witness Service
Section 16-3-1510. In recognition of the civic and
moral duty of victims and witnesses of crime to fully and voluntarily
cooperate with law enforcement and prosecutorial agencies, and in
further recognition of the continuing importance of this citizen
cooperation to state and local law enforcement efforts and to the
general effectiveness and the well-being of the criminal justice
system of this State, the General Assembly declares its intent, in this
article, to ensure that all victims and witnesses of crime are treated
with dignity, respect, courtesy, and sensitivity; that the rights
extended in this article to victims and witnesses of crime are honored
and protected by law enforcement agencies, prosecutors, and judges
in a manner no less vigorous than the protections afforded criminal
defendants; and that the State has a responsibility to provide support
to a network of services to victims of crime, including victims of
domestic violence and criminal sexual assault.
Section 16-3-1520. For the purpose of this article,
"witness" means any person who has been or is expected
to be summoned to testify for either the prosecution or the defense or
who by reason of having relevant information is subject to call or
likely to be called as a witness for the prosecution or defense,
whether or not any action or proceeding has yet been commenced.
Section 16-3-1530. This section is known and
may be cited as the "Victim's and Witness's Bill of
Rights". To the extent reasonably possible and subject to
available resources, victims and witnesses of crime are afforded the
following rights where applicable:
(A) VICTIMS AND WITNESSES HAVE A
RIGHT TO BE TREATED WITH DIGNITY AND COMPASSION.
(1) A victim has a right to basic human services
to meet emergency and long term needs caused by financial, physical,
or psychological injury.
(2) A victim or witness has a right to be treated
with dignity by human service professionals who provide basic
assistance.
(3) A victim or witness has a right to receive
courteous assistance as they cooperate with criminal justice
personnel.
(B)(1) A victim has the right to be free from intimidation
when involved in the criminal justice system.
(2) When the threat of damaging
intimidation cannot be avoided, law enforcement agencies shall take
measures to protect the victim or witness, including, but not be
limited to, transportation to and from court and physical protection
in the courthouse.
(3) The court shall provide the victim or
witness courthouse waiting areas that are separate from those that
will be used by the defendant, his or her family, or friends.
(4) If a witness is threatened, the solicitor
shall, to the extent reasonably possible, attempt to prosecute the case.
(C) A victim or witness who wishes to receive
notification and information shall provide the solicitor, the
Department of Corrections, and the Department of Probation, Parole,
and Pardon Services his current address and telephone number. This
information, as it is contained in Department of Corrections and
Department of Probation, Parole, and Pardon Services files, is
privileged and must not be disclosed directly or indirectly, except
between these two departments, or by order of a court of competent
jurisdiction. The solicitor's office which is prosecuting the case has
the responsibility of the rights in this subsection, except items (6) and
(7) which are the responsibility of the Department of Probation,
Parole, and Pardon Services and the Department of Corrections.
(1) victim or witness has a right to be informed
about the procedures and practices of the criminal justice system.
(2) victim has a right to be informed of financial
assistance and other social services available to victims and
witnesses.
(3) A victim has a right to be informed of any
compensation or fees to which they are entitled.
(4) A victim has a right to know the status and
progress of his case from the police investigation to final disposition.
(5) A victim or prosecution witness has a right
to be informed of a defendant's release on bail and to provide
recommendations to the magistrate.
(6) A victim or prosecution witness has a right
to be informed of post-sentence hearings affecting the probation or
parole of the offender.
(7) A victim or prosecution witness has the right
to be informed when the convicted offender receives a temporary,
provisional, or final release from custody or the offender escapes
from custody.
(8) Unless there is a judicial determination to
restrict attendance, a victim or witness has the right to attend all
hearings and procedures involving his case. A victim or prosecution
witness has the right to be informed of all hearings and procedures in
time to exercise his right to attend.
(9) A victim has the right to be informed of
whatever rights to legal counsel are available to him in this State.
(10) A victim has the right to discuss his case
with the prosecutor.
(11) A victim has a right to be informed of all
available civil remedies respecting his case and to proceed in civil
suits for recovery for damages if possible, including placing a lien on
any profits received by the offender as a result of publication or
media coverage resulting from the crime.
(12) A victim has the right to discuss his case
with the solicitor or other prosecutor and be informed of any offers
to plea bargain with the defendant.
(13) A victim or prosecution witness has the
right to be notified in advance when a court proceeding has been
rescheduled or cancelled.
(14) A witness has a right to be informed of
financial assistance, compensation, or fees to which they are entitled.
(D)(1) A victim or witness has the right to receive
a reasonable witness fee plus reimbursement for necessary
out-of-pocket expenses associated with lawfully observing a
subpoena. The court shall determine the rate of reimbursement and
reimburse all eligible persons in a timely manner.
(2) A victim or his surviving dependents have
the right to receive financial compensation for physical or emotional
injuries suffered as a result of being a victim of a violent, bodily
crime. The eligibility and award will be determined by the South
Carolina Crime Victim's Compensation Fund.
(3) A victim has the right to receive restitution
for expenses or property loss incurred as the result of the crime. The
judge shall order restitution at every sentencing for a crime against
person or property or as a condition of probation, unless the court
finds a substantial and compelling reason not to order restitution.
The court shall diligently, fairly, and in a timely manner enforce all
orders of restitution.
(E)(1) A victim or witness has the right to respond
to a subpoena without fear of retaliation or loss of wages from his
employer. Victims and witnesses must be provided, where
appropriate, employer and creditor intercession services by the
solicitor who (a) shall seek employer cooperation in minimizing
employees' loss of pay and other benefits resulting from their
participation in the criminal justice process, and (b) shall seek
consideration from creditors if the victim is unable, temporarily, to
continue payments.
(2) A victim has the right to have recovered, or
taken personal property returned as expeditiously as possible unless
the property is contraband, property subject to evidentiary analysis,
property the ownership of which is disputed, or the property is
needed for law enforcement or prosecution purposes. The property
must be returned by the court, the solicitor, or law enforcement
agencies using photographs of property as evidence whenever
possible.
(F) The court, the solicitor, and the defense shall
recognize the rights due victims and witnesses and protect them as
diligently as the defendant's rights.
(1) A victim has the right to participate in the
criminal justice process directly or through representation.
(2) A victim or witness has the right to retain
counsel with standing in court to represent him in cases involving the
victim's reputation.
(3) A victim or witness has the right to a speedy
disposition of the case so as to minimize the stress, cost, and
inconvenience resulting from his involvement in a prosecution.
(G) The court shall treat "special"
witnesses sensitively, using closed or taped sessions when
appropriate. The solicitor or defense shall notify the court when a
victim or witness deserves special consideration.
Section 16-3-1535. General law enforcement
agencies shall provide crime victims, free of charge, a copy of the
crime incident report relating to their case and a document which
describes the statutory rights the State grants crime victims in
criminal cases that list the local crime victim assistance providers.
The statutory rights contained in this document shall include all rights
contained in Section 16-3-1530.
Section 16-3-1540. Nothing in Section 16-3-1530 of this
article creates a cause of action on behalf of any person against any
public employee, public agency, the State, or any agency responsible
for the enforcement of rights and provision of services set forth in
this article.
Section 16-3-1550. (A) The provisions of this
section govern the disposition of any offense within the jurisdiction
of the General Sessions Court, excluding any crime for which a
sentence of death is sought, in any case which involves an identified
victim whose whereabouts are known.
(B) It is the responsibility of the solicitor's Victim
or Witness Assistance Unit in each judicial circuit or a representative
designated by the solicitor or law enforcement agency handling the
case to advise all victims of their right to submit to the court, orally
or in writing at the victim's option, a victim impact statement to be
considered by the judge at the sentencing or disposition hearing in
General Sessions Court and at a parole hearing. The solicitor's
office or law enforcement agency shall provide a copy of the written
form to any victim who wishes to make a written report. In cases
where the solicitor determines that there has been extensive or
significant impact on the life of the victim, the Victim or Witness
Assistance Unit shall assist the victim in completing the form. The
victim shall submit this statement to the solicitor's office within
appropriate time limits set by the solicitor to be filed in the court
records by the solicitor's office so it may be available to the defense
for a reasonable period of time before sentencing. The court shall
allow the defendant to have the opportunity to rebut the victim's
written statement if the court decides to review any part of the
statement before sentencing. If the defendant is incarcerated, the
solicitor shall forward a copy of the impact statement and copies of
all completed Victim/Witness Notification Requests to the
Department of Corrections, the Department of Probation, Parole, and
Pardon Services, and to the Probation, Parole, and Pardon Services
Board. Solicitors shall begin using these victim impact statements no
later than January 1, 1985.
(C) The Attorney General's Office shall develop
a standard form for the victim impact statement. For this purpose, the
Attorney General may seek the assistance of any other state agency
or department in developing this form. The Attorney General's office
shall distribute this form to all solicitor's offices no later than
November 1, 1984.
(D) The victim impact statement shall:
(1) Identify the victim of the offense;
(2) Itemize any economic loss suffered by the
victim as a result of the offense;
(3) Identify any physical and psychological
injury suffered by the victim as a result of the offense, along with its
seriousness and permanence;
(4) Describe any changes in the victim's
personal welfare or familial relationships as a result of the offense;
(5) Identify any request for psychological
services initiated by the victim or the victim's family as a result of
offense;
(6) Contain any other information related to the
impact of the offense upon the victim; and
(7) The original of the statement must be
included in the court file with one copy for the solicitor and one copy
for the victim.
(E) [Deleted]
(F) No sentence may be invalidated because of
failure to comply with the provisions of this section. This section
must not be construed to create any cause of action for monetary
damages.
Section 16-3-1560. (A) The State shall
ensure that alleged victims of criminal sexual conduct in any degree
or child sexual abuse shall not bear the cost of his or her routine
medicolegal exam following the assault provided the victim has filed
an incident report with a law enforcement agency.
(B) These exams must be standardized relevant to
medical treatment and to gathering evidence from the body of the
victim and must be based on and must meet minimum standards for
rape exam protocol as developed by the South Carolina Law
Enforcement Division and the South Carolina Hospital Association.
These exams shall include treatment for venereal disease, and shall
include medication for pregnancy prevention if indicated and if
desired. The South Carolina Law Enforcement Division shall
distribute these exam kits to any licensed health care facility
providing sexual assault exams. When dealing with a victim of
criminal sexual assault, the law enforcement agency shall
immediately transport the victim to the nearest licensed health care
facility which performs sexual assault exams. Any health care facility
providing sexual assault exams shall use the standardized protocol
described above.
(C) A licensed health care facility, upon
completion of a routine sexual assault exam as described in (B) above
performed on an alleged victim of criminal sexual conduct in any
degree or of child sexual abuse, provided the crime occurred in South
Carolina, may file a claim for reimbursement directly to the South
Carolina Crime Victim's Compensation Fund. The South Carolina
Crime Victim's Compensation Fund must develop procedures for
health care facilities to follow when filing a claim with respect to the
privacy of the victim. Health care facility personnel shall obtain any
information necessary for the claim at the time of the exam if
possible. The South Carolina Crime Victim's Compensation Fund
shall reimburse eligible health care facilities directly.
(D) There is hereby appropriated from the general
fund of this State the sum of one hundred and ten thousand dollars to
the South Carolina Victim's Compensation Fund for the purpose of
compensating licensed health care facilities for the cost of routine
medical exams for sexual assault victims as described above. For the
purpose of this particular exam, the one hundred dollar deductible is
waived for award eligibility under the fund. The South Carolina
Victim's Compensation Fund shall develop appropriate guidelines
and procedures and distribute them to law enforcement agencies and
appropriate health care facilities.
(E) When the director determines that projected
reimbursements in any fiscal year provided for in this section will
exceed funds appropriated for payment of these reimbursements, he
shall direct payment of additional services from the Victim's
Compensation Fund.
Section 16-3-1505. In recognition of the civic and moral duty of
victims and witnesses of crime fully and voluntarily to cooperate with
law enforcement and prosecution agencies, and in further recognition
of the continuing importance of this citizen cooperation to state and
local law enforcement efforts and to the general effectiveness and the
well-being of the criminal and juvenile justice systems of this State,
and to implement the rights guaranteed to crime victims in the
Constitution of this State, the General Assembly declares its intent,
in this article, to ensure that all victims and witnesses of crime are
treated with dignity, respect, courtesy, and sensitivity; that the rights
and services extended in this article to victims and witnesses of crime
are honored and protected by law enforcement agencies, prosecutors,
witnesses of crime are honored and protected by law enforcement
agencies, prosecutor, and judges in a manner no less vigorous than
the protections afforded criminal defendants; and that the State has
a responsibility to provide support to a network of services to victims
of crime, including victims of domestic violence and criminal sexual
assault.
Section 16-3-1510. For the purpose of this article:
(1) 'Victim' means a person who suffers direct or threatened
physical, psychological, or financial harm as the result of the
commission or attempted commission of a crime against him. The
term victim also includes the person's spouse, parent, child, or lawful
representative of a crime victim who is:
(a) deceased;
(b) a minor;
(c) incompetent;
(d) a homicide victim; or
(e) physically or psychologically incapacitated.
(2) 'Witness' means a person who has been or is expected to be
summoned to testify for either the prosecution or defense or who by
reason of having relevant information is subject to be called or likely
to be called as a witness for the prosecution or defense, whether or
not any action or proceeding has been commenced.
(3) 'Prosecuting agency' means the solicitor, Attorney General,
special prosecutor, or any other person or entity charged with the
prosecution of a criminal case in general sessions or family court.
(4) 'Summary court' means magistrate or municipal court.
(5) 'Initial crime incident report' means a uniform traffic accident
report or a standardized incident report form completed at the time
of an initial law enforcement response. This term does not include
supplementary reports, investigative notes or reports, statements,
letters, memos, other communications, measurements, sketches,
diagrams, or any other material that may be produced by law
enforcement officers or witnesses.
(6) 'In writing' means any written communication, including
electronically transmitted data.
Section 16-3-1515. (A) A victim or prosecution witness who
wishes to exercise his rights under this article or receive services
under this article or both shall provide a law enforcement agency, a
prosecuting agency, a summary court judge, the Department of
Corrections, the Department of Probation, Parole, and Pardon
Services, the Board of Juvenile Parole, or the Department of Juvenile
Justice, as appropriate, his legal name, current mailing address, and
telephone number.
(B) A victim who wishes to receive restitution, within appropriate
time limits set by the prosecuting agency or summary court judge,
shall provide the prosecuting agency or summary court judge with an
itemized list, including values of property stolen, damaged or
destroyed, property recovered, medical or counseling expenses, or
both, income lost due to the crime, out-of-pocket expenses made
necessary by the crime, and any other financial losses that may have
been incurred, together with an itemization of financial recovery from
insurance, the crime victims' compensation fund, or other sources.
The prosecuting agency or court, or both, may require documentation
of all claims. This information may be included in a written victim
impact statement.
(C) A victim who wishes to be present for any plea, trial, or
sentencing shall notify the prosecuting agency or summary court
judge of that desire. This notification may be included in a written
victim impact statement.
(D) A victim who wishes to submit a written victim impact
statement shall provide it to the prosecuting agency or summary court
judge within appropriate time limits set by the prosecuting agency or
summary court judge.
(E) A victim who wishes to make an oral victim impact statement
to the court at sentencing shall notify the prosecuting agency or
summary court judge of this desire in advance of the sentencing.
Section 16-3-1520. (A) A law enforcement agency shall provide
a crime victim, free of charge, a copy of the initial crime incident
report relating to his case, and a document which:
(1) describes the constitutional rights the State grants victims in
criminal cases;
(2) describes the responsibilities of victims in exercising these
rights;
(3) lists the local crime victim assistance and social service
providers;
(4) provides information on eligibility and application for crime
victims' compensation benefits; and
(5) provides information about the rights of individuals who are
harassed or threatened.
(B) A law enforcement agency, within a reasonable time of initial
contact, shall assist each eligible victim in applying for crime
victims' compensation benefits and other available financial, social
service, and counseling assistance.
(C) Law enforcement based victim advocates, upon request, may
intervene with, and seek special consideration from, creditors of
crime victims who are temporarily unable to continue payments due
to a crime, and with the victim's employer, landlord, school, and
other parties as appropriate through the investigative process.
(D) A law enforcement agency, upon request, reasonably shall
inform victims of the status and progress of their cases from initial
incident through:
(1) disposition in summary court;
(2) the referral of a juvenile offender to the Department of
Juvenile Justice; or
(3) transmittal of a general sessions warrant to the prosecuting
agency.
Section 16-3-1525. (A) A law enforcement agency, upon
effecting the arrest or pickup of a person accused of committing a
crime involving one or more victims, reasonably shall attempt to
notify each victim of the arrest or pickup and of the appropriate bail,
bond, or other pretrial release hearing or procedure.
(B) A law enforcement agency, before making a decision about the
release of a juvenile offender to his parent or guardian, shall make a
reasonable effort to inform each victim of the juvenile offender.
(C) A law enforcement agency, upon effecting the arrest or pickup
of a person suspected of committing a crime involving one or more
victims, shall provide to the jail, prison, detention, or holding facility
having physical custody of the defendant, the names, mailing
addresses, and telephone numbers of each victim. If the person is
transferred to another facility, this information immediately must be
transmitted to the receiving facility. The names, addresses, and
telephone numbers of victims and witnesses contained in the files of
a jail, prison, detention, or holding facility are confidential and may
not be disclosed directly or indirectly, except as necessary to provide
notifications.
(D) A law enforcement agency, upon effecting the arrest or pickup
of a juvenile suspected of committing a crime involving one or more
victims, shall provide to the Department of Juvenile Justice the
names, addresses, and telephone numbers of each victim.
(E) In all cases not under jurisdiction of a summary court and
before a bond or release proceeding before a circuit or family court
judge, after effecting the arrest or pickup of a person suspected of
committing a crime and involving one or more victims, the arresting
law enforcement agency shall provide, in writing, to the prosecuting
agency the names, addresses, and telephone numbers of each victim.
(F) After arresting a person suspected of committing a crime under
the jurisdiction of a summary court or subject to a preliminary
hearing, and involving one or more victims, the arresting law
enforcement agency shall provide, in writing to the summary court
the names, mailing addresses, and telephone numbers of each victim.
(G) A law enforcement agency shall provide the measures
necessary to protect the victims and witnesses, including court
transportation and physical protection in the courthouse.
(H) In cases in which a criminal defendant has bail or bond set by
a summary court judge:
(1) the facility having custody of the defendant reasonably shall
attempt to notify each victim related to the case of his right to attend
the bond hearing and make recommendations to the presiding judge.
This notification must be made sufficiently in advance to allow the
victims to exercise their rights contained in this article;
(2) the summary court judge, before proceeding with
a bail or bond hearing in a case involving a victim, shall ask the
facility representative to verify that a reasonable attempt was made
to notify the victims sufficiently in advance to attend. If not, the
hearing must be delayed for a reasonable time to allow notice; and
(3) the summary court judge shall impose bond conditions
which, in his discretion, are sufficient to protect victims from
harassment or intimidation by the defendant or persons acting on the
defendant's behalf.
(I) In cases in which a criminal defendant will have a bond or bail
matter heard by a circuit court judge:
(1) the prosecuting agency reasonably shall attempt to notify
each victim related to the case of his right to attend the bond hearing
and make recommendations to the presiding judge. This notification
must be made sufficiently in advance to allow the victims to exercise
their rights contained in this article;
(2) the circuit court judge, before proceeding with a bail or bond
matter in a case involving a victim, shall ask the prosecuting agency
representative to verify that a reasonable attempt was made to notify
the victims sufficiently in advance to attend. If not, the hearing must
be delayed for a reasonable time to allow notice; and
(3) the circuit court judge shall impose bond conditions which,
in his discretion, are sufficient to protect victims from harassment or
intimidation by the defendant or persons acting on the defendant's
behalf.
(J) In cases in which a criminal defendant will have a detention
hearing before a family court judge:
(1) the prosecuting agency shall reasonably attempt to notify
each victim related to the case of his right to attend the detention
hearing and make recommendations to the presiding judge. This
notification must be made sufficiently in advance to allow the victims
to exercise their rights in this regard;
(2) the family court judge, before proceeding with a detention
hearing in a case involving a victim, shall ask the prosecuting agency
to verify that a reasonable attempt was made to notify the victims
sufficiently in advance to attend. If not, the hearing must be delayed
for a reasonable time to allow notice; and
(3) the family court judge, if he does not rule that the juvenile
offender must be detained, shall impose release conditions which, in
his discretion, are sufficient to protect victims from harassment or
intimidation by the defendant or persons acting on the defendant's
behalf.
(K) Upon scheduling a preliminary hearing in a case involving a
victim, the summary court judge reasonably shall attempt to notify
each victim related to the case of his right to attend.
Section 16-3-1530. (A) A jail, prison, detention, or holding
facility having custody of a person accused of, convicted, or
adjudicated guilty of committing a crime involving one or more
victims reasonably shall attempt to notify each victim of any release
of the person.
(B) A department or agency having custody or custodial
supervision of a person accused of committing a crime involving one
or more victims, reasonably shall attempt to notify each victim of an
escape by the person.
(C) A department or agency having custody of a person accused or
convicted or adjudicated guilty of committing a crime involving one
or more victims, shall inform each victim, upon inquiry, of any
transfer of the person.
(D) A department or agency having custody or custodial
supervision of a person convicted or adjudicated guilty of committing
a crime involving one or more victims shall reasonably attempt to
notify each victim and prosecution witness of an escape by the
person.
Section 16-3-1535. (A) The summary court, upon referral for
disposition of charges against a person suspected of committing a
crime involving one or more victims, reasonably shall attempt to
notify each victim of his rights to:
(1) be present and participate in all hearings;
(2) be represented by counsel;
(3) pursue civil remedies; and
(4) submit an oral or written victim impact statement, or both,
for consideration by the summary court judge at disposition.
(B) The summary court shall provide to each victim who wishes
to make a written victim impact statement a form that solicits
pertinent information regarding the crime, including:
(1) the victim's personal information and supplementary
contact information;
(2) an itemized list of the victim's economic loss, and recovery
from any insurance policy or any other source;
(3) details of physical or psychological injuries, or both,
including their seriousness and permanence;
(4) a description of any changes in the victim's personal welfare
or family relationships;
(5) identification of psychological services requested or
obtained by the victim; and
(6) any other information the victim believes to be important
and pertinent.
(C) The summary court judge shall inform a victim of the
applicable procedures and practices of the court.
(D) The summary court judge reasonably shall attempt to notify
each victim related to the case of each hearing, trial, or other
proceeding.
(E) A law enforcement agency and the summary court shall return
to a victim personal property recovered or taken as evidence as
expeditiously as possible, substituting photographs of the property
and itemized lists of the property including serial numbers and unique
identifying characteristics for use as evidence wherever possible.
(F) The summary court judge shall recognize and protect the rights
of victims and witnesses as diligently as those of the defendant.
Section 16-3-1540. (A) The Department of Juvenile Justice,
upon referral of a juvenile suspected of committing a crime involving
one or more victims, shall make a reasonable effort to confer with
each victim before placing the juvenile in a diversion program,
issuing a recommendation for diversion, referring him to the
prosecuting agency for prosecution, issuing a recommendation for
evaluation at the agency's reception and evaluation center, or taking
any other action.
(B) The Department of Juvenile Justice shall keep each victim
reasonably informed of the status and progress of a case from the
time it is referred by law enforcement until it is referred to the
prosecuting agency.
Section 16-3-1545. (A) The prosecuting agency, when a juvenile
case is referred to it, or a general sessions charge is received by it
involving one or more victims, reasonably shall attempt to notify
each victim of his right to submit an oral or written victim impact
statement, or both, for consideration by the circuit or family court
judge at the proceeding to dispose of the case and that written victim
impact statements may be submitted at any postadjudication
proceedings by the Department of Corrections, Department of
Probation, Parole, and Pardon Services, Board of Juvenile Parole, or
Department of Juvenile Justice. The prosecuting agency shall
provide to each victim who wishes to make a written victim impact
statement a form that solicits pertinent information regarding the
crime that may include:
(1) the victim's personal information and supplementary contact
information;
(2) an itemization of the victim's economic loss, and recovery
from any insurance policy or another source;
(3) details of physical or psychological injuries, or both,
including their seriousness and permanence;
(4) a description of any changes in the victim's personal welfare
or family relationships;
(5) identification of psychological services requested or
obtained by the victim; and
(6) any other information the victim believes to be important
and pertinent.
(B) The prosecuting agency shall offer the victim assistance in
preparing a comprehensive victim impact statement, and assistance
in reviewing and updating the statement as appropriate before the
case is disposed.
(C) The prosecuting agency shall inform victims and witnesses of
the applicable procedures and practices of the criminal or juvenile
justice system, or both.
(D) The prosecuting agency shall inform each victim of his right
to legal counsel and of any available civil remedies.
(E) A law enforcement agency, the prosecuting agency, and the
circuit and family courts shall return to a victim personal property
recovered or taken as evidence as expeditiously as possible,
substituting photographs of the property, and itemized lists of the
property including serial numbers and unique identifying
characteristics to use as evidence wherever possible.
(F) The prosecuting agency shall inform victims and prosecution
witnesses of financial assistance, compensation, or fees to which they
may be entitled, and shall offer to the victims and witnesses
assistance with applications for these items.
(G) The prosecuting agency, upon request, shall keep each victim
reasonably informed of the status and progress of a case, with the
exception of preliminary hearings, from the time a juvenile case is
referred to, or a general sessions charge is received by the
prosecuting agency through disposition of the case in general
sessions or family court.
(H) The prosecuting agency shall confer with each victim
regarding decisions that will impact on its handling and disposition
of a case to include, but not be limited to, diversions and plea
negotiations, and shall discuss the case fully with the victim.
(I) The prosecuting agency reasonably shall attempt to notify each
victim related to the case of each hearing, trial, or other proceeding.
This notification must be made sufficiently in advance to allow the
victims to exercise their rights contained in this article. When
proceedings are canceled or rescheduled, the prosecuting agency shall
reasonably attempt to inform victims and witnesses in a timely
manner.
(J) The prosecuting agency victim advocate, upon request, may
intercede with, and seek special consideration from, employers of
victims and witnesses to prevent loss of pay or benefits, or both,
resulting from their participation in the criminal juvenile justice
system, or both, and with the victim's creditors, landlord, school, and
other parties as appropriate throughout the prosecution process.
(K) If a victim or witness is threatened, the prosecuting agency
immediately shall refer the incident to the appropriate law
enforcement agency for prompt investigation and reasonably attempt
to prosecute the case.
(L) The prosecuting agency shall take reasonable and appropriate
steps to minimize inconvenience to victims and witnesses throughout
court preparation and court proceedings, and shall familiarize victims
and witnesses with courtroom procedure and protocol.
(M) The prosecuting agency shall refer victims, as appropriate, to
counselors, social service agencies, and victim assistance providers.
Section 16-3-1550. (A) Employers of crime victims and
witnesses shall not retaliate against or suspend or reduce the wages
and benefits of a victim or witness who lawfully responds to a
subpoena. Wilful violation of this provision constitutes contempt of
court.
(B) A person must not be sequestered from a proceeding
adjudicating a crime in which he was a victim.
(C) The circuit or family court shall provide victims and
prosecution witnesses waiting areas separate from those used by the
defendant and defense witnesses. The prosecuting agency and law
enforcement agency shall assist in minimizing contact between
prosecution and defense parties as much as possible.
(D) The circuit or family court judge shall recognize and protect
the rights of victims and witnesses as diligently as those of the
defendant. A circuit or family court judge, before proceeding with
a trial, plea, sentencing, or other dispositive hearing, in a case
involving a victim, shall ask the prosecuting agency to verify that a
reasonable attempt was made to notify the victims sufficiently in
advance to attend. If a reasonable attempt was not made to notify the
victims, the hearing must be delayed for a reasonable time to notify
the victims.
(E) The circuit or family court shall treat special witnesses,
including those who are very young, elderly, handicapped, or who
have special needs, sensitively, using closed or taped sessions when
appropriate. The prosecuting agency or defense attorney shall notify
the court when a victim or witness deserves special consideration.
(F) The circuit or family court shall hear or review any victim
impact statement, whether written or oral, before sentencing. The
prosecuting agency shall make available to the defense, for a
reasonable period of time before sentencing, any written victim
impact statement submitted by the victim, and the court shall allow
the defense the opportunity for response. However, the victim impact
statement must not be provided to the defense until the defendant has
been determined guilty by a judge or jury. The victim impact
statement and its contents are not admissible as evidence in any trial.
(G) The circuit and family court shall address the issue of
restitution as provided by statute.
Section 16-3-1555. (A) The circuit or family court shall order,
in a timely manner, reasonable witness fees and reimbursement of
expenses to victims and witnesses.
(B) The prosecuting agency shall forward, as appropriate and
within a reasonable time, a copy of each victim's impact statement,
or the name, mailing address, and telephone number of each victim,
or both, to the Department of Corrections, the Department of
Probation, Parole, and Pardon Services, the Board of Juvenile Parole,
or the Department of Juvenile Justice. The names, addresses, and
telephone numbers of victims and prosecution witnesses contained in
the records of the Department of Corrections, the Department of
Probation, Parole, and Pardon Services, the Board of Juvenile Parole,
and Department of Juvenile Justice, are confidential and must not be
disclosed directly or indirectly, except as necessary to provide
notifications or services, or both, between these agencies and the
prosecuting agency, between these agencies and the Attorney
General, between the Department of Corrections and the Department
of Probation, Parole, and Pardon Services, the Board of Juvenile
Parole, the Department of Mental Health, or the Department of
Juvenile Justice, or by order of a court of competent jurisdiction.
(C) The prosecuting agency shall file with an indictment a copy of
a written victim impact statement with the victim's personal
information deleted.
(D) The prosecuting agency shall inform the victim and
prosecution witnesses of their responsibility to provide the
prosecuting agency, the Department of Corrections, the Department
of Probation, Parole, and Pardon Services, the Board of Juvenile
Parole, the Department of Juvenile Justice, or the Attorney General,
as appropriate, his legal name, current address, and telephone
number.
(E) The prosecuting agency shall inform the victim regarding
collection of restitution, fees, and expenses, the recovery of property
used as evidence, and how to contact the Department of Corrections,
the Board of Juvenile Parole, the Department of Probation, Parole,
and Pardon Services, the Department of Juvenile Justice, or the
Attorney General, as appropriate.
Section 16-3-1560. (A) The Department of Corrections, the
Department of Probation, Parole, and Pardon Services, the Board of
Juvenile Parole, or the Department of Juvenile Justice reasonably
shall attempt to notify each victim of post-sentence hearings or
proceedings affecting the probation, parole, or release of the offender,
and of the victim's right to attend and comment at these proceedings.
This notification must be made sufficiently in advance to allow the
victims to exercise their rights in this regard.
(B) The Attorney General, upon receiving notice of appeal or other
post-conviction action by an offender convicted or adjudicated guilty
of committing a crime involving one or more victims, shall request
from the Department of Probation, Parole, and Pardon Services, the
Board of Juvenile Parole, or the Department of Juvenile Justice, as
appropriate, the victim's personal information.
(C) The Department of Corrections, the Department of Probation,
Parole, and Pardon Services, the Board of Juvenile Parole, or the
Department of Juvenile Justice, upon receipt of request for the
victim's personal information from the Attorney General in an appeal
or post-conviction action case, shall supply the requested information
within a reasonable period.
(D) The Attorney General shall confer with victims regarding the
appeal and other post-conviction actions of the offender.
(E) The Attorney General shall keep each victim reasonably
informed of the status and progress of the appeal or other
post-conviction action until its ultimate resolution.
(F) The Attorney General reasonably shall attempt to notify
victims of all post-conviction hearings and proceedings, and of the
victim's right to attend. This notification must be made sufficiently
in advance to allow the victims to exercise their rights in this regard.
Section 16-3-1565. (A) Nothing in this article creates a cause of
action on behalf of a person against a public employee, public
agency, the State, or an agency responsible for the enforcement or
rights and provision of services set forth in this article.
(B) A sentence must not be invalidated because of failure to
comply with the provisions of this article. This article must not be
construed to create a cause of action for monetary damages."
SECTION 4. If a provision of this act or the application of a
provision of this act to a person or circumstance is held to be invalid,
the invalidity does not affect other provisions or applications of this
act which can be given effect without the invalid provision or
application and to this end the provisions of this act are severable.
SECTION 5. This act takes effect July 1, 1997.
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