Bill > HB2417

This bill aims to align the Washington Code of Military Justice with the federal Uniform Code of Military Justice by establishing specific rights for victims of offenses within the Washington organized militia, which includes the National Guard. The legislation recognizes that members of the Washington National Guard serve in both federal and state capacities and intends to ensure that victims receive the same protections regardless of their service status. Key provisions grant victims the right to be reasonably protected from the accused, receive timely notice of various legal proceedings such as court-martials, sentencing hearings, and potential release of the accused, and the right not to be excluded from public hearings unless their testimony would be materially altered. Victims also gain the right to be heard at sentencing and clemency board proceedings, to confer with state counsel, to receive restitution, to have proceedings free from unreasonable delay, to be informed of plea or non-prosecution agreements, and to be treated with fairness and respect. A "victim" is defined as someone who has suffered direct physical, emotional, or financial harm. The bill clarifies that these rights do not create a cause of action for damages or imply liability for the state, nor do they impair existing discretionary powers. It also outlines procedures for interviewing victims, requiring interviews to be conducted through victim's counsel or in the presence of state counsel or a victim advocate if requested by the victim.