H. B. 4296


(By Delegates Canterbury, Campbell and Crosier)
[Introduced January 28, 2008; referred to the
Committee on the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-11A-9, relating to the rights of crime victims.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-11A-9, to read as follows:
ARTICLE 11A. CRIME VICTIM PROTECTION ACT OF 1984.
§61-11A-9. Crime victim's rights.
(a) A crime victim has the following rights:
(1) The right to be reasonably protected from the accused.
(2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused.
(3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.
(4) The right to be reasonably heard at any public proceeding regarding release, plea, sentencing, or any parole proceeding.
(5) The reasonable right to confer with the attorney for the prosecution in the case.
(6) The right to full and timely restitution as provided by this code.
(7) The right to proceedings free from unreasonable delay.
(8) The right to be treated with fairness and with respect for the victim's dignity and privacy.




NOTE: The purpose of this bill is to enumerate specific rights of crime victims.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.