REQUIRE DEFENDANT TO REMAIN PRESENT

DURING VICTIM IMPACT STATEMENT

House Bill 5407 as introduced

Sponsor:  Rep. Holly Hughes

Committee:  Law and Justice

Complete to 2-2-18

SUMMARY:

House Bill 5407 would amend the William Van Regenmorter Crime Victim’s Rights Act to require that a defendant be physically present during victim impact statements at a sentencing hearing. The bill also would require that a juvenile defendant be physically present during victim impact statements at a disposition or sentencing hearing. These requirements would be referred to as the “Rebekah Bletsch Law.”

Currently, a victim has the right to appear and make an oral impact statement at the sentencing of a defendant, as well as at the disposition or sentencing of a juvenile defendant. The bill would require that a defendant, including a juvenile defendant, be physically present in the courtroom when a victim makes an oral impact statement. A defendant would not be required to be physically present only if the court determines that the defendant is behaving in a disruptive manner or presents a threat to the safety of any individuals present in the courtroom.

The bill would take effect 90 days after enactment.

FISCAL IMPACT:

House Bill 5407 would have no fiscal impact on the state or local units of government.

                                                                                        Legislative Analyst:   Emily S. Smith

                                                                                                Fiscal Analyst:   Robin Risko

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.