Bill > SB6029

This bill aims to ensure that members of the Washington National Guard, when serving in a state capacity, receive the same protections as victims of crime as they would if serving in a federal capacity under the Uniform Code of Military Justice. The Washington Code of Military Justice (WCMJ) is the set of laws governing the military justice system for the state's organized militia. The bill adds a new section to chapter 38.38 of the Revised Code of Washington (RCW) to grant victims of offenses under this chapter specific rights, including the right to be protected from the accused, receive timely notice of hearings and proceedings, not be excluded from public hearings unless their testimony would be altered, be heard at sentencing and clemency board proceedings, confer with state counsel, receive restitution, have proceedings free from unreasonable delay, be informed of plea or non-prosecution agreements, and be treated with fairness and respect. A "victim of an offense under this chapter" is defined as someone who has suffered direct physical, emotional, or financial harm from the offense. The bill clarifies that these rights do not create a cause of action for damages against the state or its employees, nor do they impair the discretion of commanders. It also establishes procedures for interviewing alleged victims, requiring interviews to be conducted through counsel and, if requested by the victim, in the presence of state counsel or a victim advocate.