H. B. 3268
(By Delegates Canterbury and Campbell)
[Introduced February 23, 2007; 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.