Current Status Bill Number:3768 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970401 Primary Sponsor:Harrison All Sponsors:Harrison Drafted Document Number:dka\4228cm.97 Companion Bill Number:616 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Sexual assualt victims, Victims and witnesses of crimes, Compensation Fund, Crimes and Offenses, medical exams
Body Date Action Description Com Leg Involved
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House 19970401 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1350 SO AS TO PROVIDE FOR MEDICAL EXAMINATIONS OF VICTIMS OF SEXUAL ASSAULTS; TO AMEND SECTION 16-3-1210, AS AMENDED, RELATING TO PERSONS ELIGIBLE FOR AWARDS FROM THE VICTIM'S COMPENSATION FUND, SO AS TO DELETE THE PROVISIONS THAT MAKE CERTAIN HEALTH CARE AND MEDICAL FACILITIES ELIGIBLE FOR AWARDS TO COVER CERTAIN COSTS; TO AMEND ARTICLE 15, CHAPTER 3, TITLE 16, RELATING TO THE VICTIM'S AND WITNESS'S BILL OF RIGHTS, SO AS TO DELETE THE PROVISIONS OF THIS ARTICLE AND REPLACE IT WITH PROVISIONS PROVIDING FOR VICTIM AND WITNESS SERVICES; AND TO PROVIDE A SEVERABILITY PROVISION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 code is amended by adding:
"Section 16-3-1350. (A) The State shall ensure that alleged victims of criminal sexual conduct in any degree or child sexual abuse shall not bear the cost of his or her routine medicolegal exam following the assault provided the victim has filed an incident report with a law enforcement agency.
(B) These exams must be standardized relevant to medical treatment and to gathering evidence from the body of the victim and must be based on and must meet minimum standards for rape exam protocol as developed by the South Carolina Law Enforcement Division, the South Carolina Hospital Association, and the Governor's Office Division of Victim Assistance with production costs to be paid from funds appropriated to the Victim Compensation Fund. These exams must include treatment for venereal disease, and must include medication for pregnancy prevention if indicated and if desired. The South Carolina Law Enforcement Division shall distribute these exam kits to any licensed health care facility providing sexual assault exams. When dealing with a victim of criminal sexual assault, the law enforcement agency immediately shall transport the victim to the nearest licensed health care facility which performs sexual assault exams. A health care facility providing sexual assault exams shall use the standardized protocol described above.
(C) A licensed health care facility, upon completion of a routine sexual assault exam as described in subsection (B) performed on an alleged victim of criminal sexual conduct in any degree or of child sexual abuse, provided the crime occurred in South Carolina, may file a claim for reimbursement directly to the South Carolina Crime Victim's Compensation Fund. The South Carolina Crime Victim's Compensation Fund shall develop procedures for health care facilities to follow when filing a claim with respect to the privacy of the victim. Health care facility personnel shall obtain information necessary for the claim at the time of the exam if possible. The South Carolina Crime Victim's Compensation Fund shall reimburse eligible health care facilities directly.
(D) The Governor's Office Division of Victim Assistance shall utilize existing funds appropriated from the general fund for the purpose of compensating licensed health care facilities for the cost of routine medical exams for sexual assault victims as described above. When the director determines that projected reimbursements in a fiscal year provided in this section exceeds funds appropriated for payment of these reimbursements, he shall direct the payment of the additional services for the Victim's Compensation Fund. For the purpose of this particular exam, the one hundred dollar deductible is waived for award eligibility under the fund. The South Carolina Victim's Compensation Fund shall develop appropriate guidelines and procedures and distribute them to law enforcement agencies and appropriate health care facilities."
SECTION 2. Section 16-3-1210 of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:
"Section 16-3-1210. (1) Except as provided in Section 16-3-1220, a victim, surviving spouse, or a parent or legally dependent child of a victim is entitled to file for benefits under this article if either:
(a) the crime was committed in this State or
(b) the victim was a resident of this State when the crime was committed in another state. In either case the award payable under this article must be reduced by the amount paid or payable under the laws of another state as a result of the criminal act giving rise to the claim.
(2) A licensed health care or medical facility is eligible for an award to cover the specific cost for a routine medicolegal exam of an alleged victim of criminal sexual conduct in any degree or child sexual abuse provided the victim has filed an incident report with the police, provided the health care facility has performed the exam adhering to sexual assault exam protocol standards developed by the South Carolina Law Enforcement Division and the South Carolina Hospital Association, and provided that the crime occurred in South Carolina."
SECTION 3. Article 15, Chapter 3, Title 16 of the 1976 Code is amended to read:
Section 16-3-1510. In recognition of the civic and moral duty of victims and witnesses of crime to fully and voluntarily cooperate with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of this citizen cooperation to state and local law enforcement efforts and to the general effectiveness and the well-being of the criminal justice system of this State, the General Assembly declares its intent, in this article, to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy, and sensitivity; that the rights extended in this article to victims and witnesses of crime are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protections afforded criminal defendants; and that the State has a responsibility to provide support to a network of services to victims of crime, including victims of domestic violence and criminal sexual assault.
Section 16-3-1520. For the purpose of this article, "witness" means any person who has been or is expected to be summoned to testify for either the prosecution or the defense or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution or defense, whether or not any action or proceeding has yet been commenced.
Section 16-3-1530. This section is known and may be cited as the "Victim's and Witness's Bill of Rights". To the extent reasonably possible and subject to available resources, victims and witnesses of crime are afforded the following rights where applicable:
(A) VICTIMS AND WITNESSES HAVE A RIGHT TO BE TREATED WITH DIGNITY AND COMPASSION.
(1) A victim has a right to basic human services to meet emergency and long term needs caused by financial, physical, or psychological injury.
(2) A victim or witness has a right to be treated with dignity by human service professionals who provide basic assistance.
(3) A victim or witness has a right to receive courteous assistance as they cooperate with criminal justice personnel.
(B)(1) A victim has the right to be free from intimidation when involved in the criminal justice system.
(2) When the threat of damaging intimidation cannot be avoided, law enforcement agencies shall take measures to protect the victim or witness, including, but not be limited to, transportation to and from court and physical protection in the courthouse.
(3) The court shall provide the victim or witness courthouse waiting areas that are separate from those that will be used by the defendant, his or her family, or friends.
(4) If a witness is threatened, the solicitor shall, to the extent reasonably possible, attempt to prosecute the case.
(C) A victim or witness who wishes to receive notification and information shall provide the solicitor, the Department of Corrections, and the Department of Probation, Parole, and Pardon Services his current address and telephone number. This information, as it is contained in Department of Corrections and Department of Probation, Parole, and Pardon Services files, is privileged and must not be disclosed directly or indirectly, except between these two departments, or by order of a court of competent jurisdiction. The solicitor's office which is prosecuting the case has the responsibility of the rights in this subsection, except items (6) and (7) which are the responsibility of the Department of Probation, Parole, and Pardon Services and the Department of Corrections.
(1) victim or witness has a right to be informed about the procedures and practices of the criminal justice system.
(2) victim has a right to be informed of financial assistance and other social services available to victims and witnesses.
(3) A victim has a right to be informed of any compensation or fees to which they are entitled.
(4) A victim has a right to know the status and progress of his case from the police investigation to final disposition.
(5) A victim or prosecution witness has a right to be informed of a defendant's release on bail and to provide recommendations to the magistrate.
(6) A victim or prosecution witness has a right to be informed of post-sentence hearings affecting the probation or parole of the offender.
(7) A victim or prosecution witness has the right to be informed when the convicted offender receives a temporary, provisional, or final release from custody or the offender escapes from custody.
(8) Unless there is a judicial determination to restrict attendance, a victim or witness has the right to attend all hearings and procedures involving his case. A victim or prosecution witness has the right to be informed of all hearings and procedures in time to exercise his right to attend.
(9) A victim has the right to be informed of whatever rights to legal counsel are available to him in this State.
(10) A victim has the right to discuss his case with the prosecutor.
(11) A victim has a right to be informed of all available civil remedies respecting his case and to proceed in civil suits for recovery for damages if possible, including placing a lien on any profits received by the offender as a result of publication or media coverage resulting from the crime.
(12) A victim has the right to discuss his case with the solicitor or other prosecutor and be informed of any offers to plea bargain with the defendant.
(13) A victim or prosecution witness has the right to be notified in advance when a court proceeding has been rescheduled or cancelled.
(14) A witness has a right to be informed of financial assistance, compensation, or fees to which they are entitled.
(D)(1) A victim or witness has the right to receive a reasonable witness fee plus reimbursement for necessary out-of-pocket expenses associated with lawfully observing a subpoena. The court shall determine the rate of reimbursement and reimburse all eligible persons in a timely manner.
(2) A victim or his surviving dependents have the right to receive financial compensation for physical or emotional injuries suffered as a result of being a victim of a violent, bodily crime. The eligibility and award will be determined by the South Carolina Crime Victim's Compensation Fund.
(3) A victim has the right to receive restitution for expenses or property loss incurred as the result of the crime. The judge shall order restitution at every sentencing for a crime against person or property or as a condition of probation, unless the court finds a substantial and compelling reason not to order restitution. The court shall diligently, fairly, and in a timely manner enforce all orders of restitution.
(E)(1) A victim or witness has the right to respond to a subpoena without fear of retaliation or loss of wages from his employer. Victims and witnesses must be provided, where appropriate, employer and creditor intercession services by the solicitor who (a) shall seek employer cooperation in minimizing employees' loss of pay and other benefits resulting from their participation in the criminal justice process, and (b) shall seek consideration from creditors if the victim is unable, temporarily, to continue payments.
(2) A victim has the right to have recovered, or taken personal property returned as expeditiously as possible unless the property is contraband, property subject to evidentiary analysis, property the ownership of which is disputed, or the property is needed for law enforcement or prosecution purposes. The property must be returned by the court, the solicitor, or law enforcement agencies using photographs of property as evidence whenever possible.
(F) The court, the solicitor, and the defense shall recognize the rights due victims and witnesses and protect them as diligently as the defendant's rights.
(1) A victim has the right to participate in the criminal justice process directly or through representation.
(2) A victim or witness has the right to retain counsel with standing in court to represent him in cases involving the victim's reputation.
(3) A victim or witness has the right to a speedy disposition of the case so as to minimize the stress, cost, and inconvenience resulting from his involvement in a prosecution.
(G) The court shall treat "special" witnesses sensitively, using closed or taped sessions when appropriate. The solicitor or defense shall notify the court when a victim or witness deserves special consideration.
Section 16-3-1535. General law enforcement agencies shall provide crime victims, free of charge, a copy of the crime incident report relating to their case and a document which describes the statutory rights the State grants crime victims in criminal cases that list the local crime victim assistance providers. The statutory rights contained in this document shall include all rights contained in Section 16-3-1530.
Section 16-3-1540. Nothing in Section 16-3-1530 of this article creates a cause of action on behalf of any person against any public employee, public agency, the State, or any agency responsible for the enforcement of rights and provision of services set forth in this article.
Section 16-3-1550. (A) The provisions of this section govern the disposition of any offense within the jurisdiction of the General Sessions Court, excluding any crime for which a sentence of death is sought, in any case which involves an identified victim whose whereabouts are known.
(B) It is the responsibility of the solicitor's Victim or Witness Assistance Unit in each judicial circuit or a representative designated by the solicitor or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in General Sessions Court and at a parole hearing. The solicitor's office or law enforcement agency shall provide a copy of the written form to any victim who wishes to make a written report. In cases where the solicitor determines that there has been extensive or significant impact on the life of the victim, the Victim or Witness Assistance Unit shall assist the victim in completing the form. The victim shall submit this statement to the solicitor's office within appropriate time limits set by the solicitor to be filed in the court records by the solicitor's office so it may be available to the defense for a reasonable period of time before sentencing. The court shall allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the solicitor shall forward a copy of the impact statement and copies of all completed Victim/Witness Notification Requests to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, and to the Probation, Parole, and Pardon Services Board. Solicitors shall begin using these victim impact statements no later than January 1, 1985.
(C) The Attorney General's Office shall develop a standard form for the victim impact statement. For this purpose, the Attorney General may seek the assistance of any other state agency or department in developing this form. The Attorney General's office shall distribute this form to all solicitor's offices no later than November 1, 1984.
(D) The victim impact statement shall:
(1) Identify the victim of the offense;
(2) Itemize any economic loss suffered by the victim as a result of the offense;
(3) Identify any physical and psychological injury suffered by the victim as a result of the offense, along with its seriousness and permanence;
(4) Describe any changes in the victim's personal welfare or familial relationships as a result of the offense;
(5) Identify any request for psychological services initiated by the victim or the victim's family as a result of offense;
(6) Contain any other information related to the impact of the offense upon the victim; and
(7) The original of the statement must be included in the court file with one copy for the solicitor and one copy for the victim.
(E) [Deleted]
(F) No sentence may be invalidated because of failure to comply with the provisions of this section. This section must not be construed to create any cause of action for monetary damages.
Section 16-3-1560. (A) The State shall ensure that alleged victims of criminal sexual conduct in any degree or child sexual abuse shall not bear the cost of his or her routine medicolegal exam following the assault provided the victim has filed an incident report with a law enforcement agency.
(B) These exams must be standardized relevant to medical treatment and to gathering evidence from the body of the victim and must be based on and must meet minimum standards for rape exam protocol as developed by the South Carolina Law Enforcement Division and the South Carolina Hospital Association. These exams shall include treatment for venereal disease, and shall include medication for pregnancy prevention if indicated and if desired. The South Carolina Law Enforcement Division shall distribute these exam kits to any licensed health care facility providing sexual assault exams. When dealing with a victim of criminal sexual assault, the law enforcement agency shall immediately transport the victim to the nearest licensed health care facility which performs sexual assault exams. Any health care facility providing sexual assault exams shall use the standardized protocol described above.
(C) A licensed health care facility, upon completion of a routine sexual assault exam as described in (B) above performed on an alleged victim of criminal sexual conduct in any degree or of child sexual abuse, provided the crime occurred in South Carolina, may file a claim for reimbursement directly to the South Carolina Crime Victim's Compensation Fund. The South Carolina Crime Victim's Compensation Fund must develop procedures for health care facilities to follow when filing a claim with respect to the privacy of the victim. Health care facility personnel shall obtain any information necessary for the claim at the time of the exam if possible. The South Carolina Crime Victim's Compensation Fund shall reimburse eligible health care facilities directly.
(D) There is hereby appropriated from the general fund of this State the sum of one hundred and ten thousand dollars to the South Carolina Victim's Compensation Fund for the purpose of compensating licensed health care facilities for the cost of routine medical exams for sexual assault victims as described above. For the purpose of this particular exam, the one hundred dollar deductible is waived for award eligibility under the fund. The South Carolina Victim's Compensation Fund shall develop appropriate guidelines and procedures and distribute them to law enforcement agencies and appropriate health care facilities.
(E) When the director determines that projected reimbursements in any fiscal year provided for in this section will exceed funds appropriated for payment of these reimbursements, he shall direct payment of additional services from the Victim's Compensation Fund.
Section 16-3-1505. In recognition of the civic and moral duty of victims and witnesses of crime fully and voluntarily to cooperate with law enforcement and prosecution agencies, and in further recognition of the continuing importance of this citizen cooperation to state and local law enforcement efforts and to the general effectiveness and the well-being of the criminal and juvenile justice systems of this State, and to implement the rights guaranteed to crime victims in the Constitution of this State, the General Assembly declares its intent, in this article, to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy, and sensitivity; that the rights and services extended in this article to victims and witnesses of crime are honored and protected by law enforcement agencies, prosecutors, witnesses of crime are honored and protected by law enforcement agencies, prosecutor, and judges in a manner no less vigorous than the protections afforded criminal defendants; and that the State has a responsibility to provide support to a network of services to victims of crime, including victims of domestic violence and criminal sexual assault.
Section 16-3-1510. For the purpose of this article:
(1) 'Victim' means a person who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a crime against him. The term victim also includes the person's spouse, parent, child, or lawful representative of a crime victim who is:
(a) deceased;
(b) a minor;
(c) incompetent;
(d) a homicide victim; or
(e) physically or psychologically incapacitated.
(2) 'Witness' means a person who has been or is expected to be summoned to testify for either the prosecution or defense or who by reason of having relevant information is subject to be called or likely to be called as a witness for the prosecution or defense, whether or not any action or proceeding has been commenced.
(3) 'Prosecuting agency' means the solicitor, Attorney General, special prosecutor, or any other person or entity charged with the prosecution of a criminal case in general sessions or family court.
(4) 'Summary court' means magistrate or municipal court.
(5) 'Initial crime incident report' means a uniform traffic accident report or a standardized incident report form completed at the time of an initial law enforcement response. This term does not include supplementary reports, investigative notes or reports, statements, letters, memos, other communications, measurements, sketches, diagrams, or any other material that may be produced by law enforcement officers or witnesses.
(6) 'In writing' means any written communication, including electronically transmitted data.
Section 16-3-1515. (A) A victim or prosecution witness who wishes to exercise his rights under this article or receive services under this article or both shall provide a law enforcement agency, a prosecuting agency, a summary court judge, the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, his legal name, current mailing address, and telephone number.
(B) A victim who wishes to receive restitution, within appropriate time limits set by the prosecuting agency or summary court judge, shall provide the prosecuting agency or summary court judge with an itemized list, including values of property stolen, damaged or destroyed, property recovered, medical or counseling expenses, or both, income lost due to the crime, out-of-pocket expenses made necessary by the crime, and any other financial losses that may have been incurred, together with an itemization of financial recovery from insurance, the crime victims' compensation fund, or other sources. The prosecuting agency or court, or both, may require documentation of all claims. This information may be included in a written victim impact statement.
(C) A victim who wishes to be present for any plea, trial, or sentencing shall notify the prosecuting agency or summary court judge of that desire. This notification may be included in a written victim impact statement.
(D) A victim who wishes to submit a written victim impact statement shall provide it to the prosecuting agency or summary court judge within appropriate time limits set by the prosecuting agency or summary court judge.
(E) A victim who wishes to make an oral victim impact statement to the court at sentencing shall notify the prosecuting agency or summary court judge of this desire in advance of the sentencing.
Section 16-3-1520. (A) A law enforcement agency shall provide a crime victim, free of charge, a copy of the initial crime incident report relating to his case, and a document which:
(1) describes the constitutional rights the State grants victims in criminal cases;
(2) describes the responsibilities of victims in exercising these rights;
(3) lists the local crime victim assistance and social service providers;
(4) provides information on eligibility and application for crime victims' compensation benefits; and
(5) provides information about the rights of individuals who are harassed or threatened.
(B) A law enforcement agency, within a reasonable time of initial contact, shall assist each eligible victim in applying for crime victims' compensation benefits and other available financial, social service, and counseling assistance.
(C) Law enforcement based victim advocates, upon request, may intervene with, and seek special consideration from, creditors of crime victims who are temporarily unable to continue payments due to a crime, and with the victim's employer, landlord, school, and other parties as appropriate through the investigative process.
(D) A law enforcement agency, upon request, reasonably shall inform victims of the status and progress of their cases from initial incident through:
(1) disposition in summary court;
(2) the referral of a juvenile offender to the Department of Juvenile Justice; or
(3) transmittal of a general sessions warrant to the prosecuting agency.
Section 16-3-1525. (A) A law enforcement agency, upon effecting the arrest or pickup of a person accused of committing a crime involving one or more victims, reasonably shall attempt to notify each victim of the arrest or pickup and of the appropriate bail, bond, or other pretrial release hearing or procedure.
(B) A law enforcement agency, before making a decision about the release of a juvenile offender to his parent or guardian, shall make a reasonable effort to inform each victim of the juvenile offender.
(C) A law enforcement agency, upon effecting the arrest or pickup of a person suspected of committing a crime involving one or more victims, shall provide to the jail, prison, detention, or holding facility having physical custody of the defendant, the names, mailing addresses, and telephone numbers of each victim. If the person is transferred to another facility, this information immediately must be transmitted to the receiving facility. The names, addresses, and telephone numbers of victims and witnesses contained in the files of a jail, prison, detention, or holding facility are confidential and may not be disclosed directly or indirectly, except as necessary to provide notifications.
(D) A law enforcement agency, upon effecting the arrest or pickup of a juvenile suspected of committing a crime involving one or more victims, shall provide to the Department of Juvenile Justice the names, addresses, and telephone numbers of each victim.
(E) In all cases not under jurisdiction of a summary court and before a bond or release proceeding before a circuit or family court judge, after effecting the arrest or pickup of a person suspected of committing a crime and involving one or more victims, the arresting law enforcement agency shall provide, in writing, to the prosecuting agency the names, addresses, and telephone numbers of each victim.
(F) After arresting a person suspected of committing a crime under the jurisdiction of a summary court or subject to a preliminary hearing, and involving one or more victims, the arresting law enforcement agency shall provide, in writing to the summary court the names, mailing addresses, and telephone numbers of each victim.
(G) A law enforcement agency shall provide the measures necessary to protect the victims and witnesses, including court transportation and physical protection in the courthouse.
(H) In cases in which a criminal defendant has bail or bond set by a summary court judge:
(1) the facility having custody of the defendant reasonably shall attempt to notify each victim related to the case of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victims to exercise their rights contained in this article;
(2) the summary court judge, before proceeding with a bail or bond hearing in a case involving a victim, shall ask the facility representative to verify that a reasonable attempt was made to notify the victims sufficiently in advance to attend. If not, the hearing must be delayed for a reasonable time to allow notice; and
(3) the summary court judge shall impose bond conditions which, in his discretion, are sufficient to protect victims from harassment or intimidation by the defendant or persons acting on the defendant's behalf.
(I) In cases in which a criminal defendant will have a bond or bail matter heard by a circuit court judge:
(1) the prosecuting agency reasonably shall attempt to notify each victim related to the case of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victims to exercise their rights contained in this article;
(2) the circuit court judge, before proceeding with a bail or bond matter in a case involving a victim, shall ask the prosecuting agency representative to verify that a reasonable attempt was made to notify the victims sufficiently in advance to attend. If not, the hearing must be delayed for a reasonable time to allow notice; and
(3) the circuit court judge shall impose bond conditions which, in his discretion, are sufficient to protect victims from harassment or intimidation by the defendant or persons acting on the defendant's behalf.
(J) In cases in which a criminal defendant will have a detention hearing before a family court judge:
(1) the prosecuting agency shall reasonably attempt to notify each victim related to the case of his right to attend the detention hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victims to exercise their rights in this regard;
(2) the family court judge, before proceeding with a detention hearing in a case involving a victim, shall ask the prosecuting agency to verify that a reasonable attempt was made to notify the victims sufficiently in advance to attend. If not, the hearing must be delayed for a reasonable time to allow notice; and
(3) the family court judge, if he does not rule that the juvenile offender must be detained, shall impose release conditions which, in his discretion, are sufficient to protect victims from harassment or intimidation by the defendant or persons acting on the defendant's behalf.
(K) Upon scheduling a preliminary hearing in a case involving a victim, the summary court judge reasonably shall attempt to notify each victim related to the case of his right to attend.
Section 16-3-1530. (A) A jail, prison, detention, or holding facility having custody of a person accused of, convicted, or adjudicated guilty of committing a crime involving one or more victims reasonably shall attempt to notify each victim of any release of the person.
(B) A department or agency having custody or custodial supervision of a person accused of committing a crime involving one or more victims, reasonably shall attempt to notify each victim of an escape by the person.
(C) A department or agency having custody of a person accused or convicted or adjudicated guilty of committing a crime involving one or more victims, shall inform each victim, upon inquiry, of any transfer of the person.
(D) A department or agency having custody or custodial supervision of a person convicted or adjudicated guilty of committing a crime involving one or more victims shall reasonably attempt to notify each victim and prosecution witness of an escape by the person.
Section 16-3-1535. (A) The summary court, upon referral for disposition of charges against a person suspected of committing a crime involving one or more victims, reasonably shall attempt to notify each victim of his rights to:
(1) be present and participate in all hearings;
(2) be represented by counsel;
(3) pursue civil remedies; and
(4) submit an oral or written victim impact statement, or both, for consideration by the summary court judge at disposition.
(B) The summary court shall provide to each victim who wishes to make a written victim impact statement a form that solicits pertinent information regarding the crime, including:
(1) the victim's personal information and supplementary contact information;
(2) an itemized list of the victim's economic loss, and recovery from any insurance policy or any other source;
(3) details of physical or psychological injuries, or both, including their seriousness and permanence;
(4) a description of any changes in the victim's personal welfare or family relationships;
(5) identification of psychological services requested or obtained by the victim; and
(6) any other information the victim believes to be important and pertinent.
(C) The summary court judge shall inform a victim of the applicable procedures and practices of the court.
(D) The summary court judge reasonably shall attempt to notify each victim related to the case of each hearing, trial, or other proceeding.
(E) A law enforcement agency and the summary court shall return to a victim personal property recovered or taken as evidence as expeditiously as possible, substituting photographs of the property and itemized lists of the property including serial numbers and unique identifying characteristics for use as evidence wherever possible.
(F) The summary court judge shall recognize and protect the rights of victims and witnesses as diligently as those of the defendant.
Section 16-3-1540. (A) The Department of Juvenile Justice, upon referral of a juvenile suspected of committing a crime involving one or more victims, shall make a reasonable effort to confer with each victim before placing the juvenile in a diversion program, issuing a recommendation for diversion, referring him to the prosecuting agency for prosecution, issuing a recommendation for evaluation at the agency's reception and evaluation center, or taking any other action.
(B) The Department of Juvenile Justice shall keep each victim reasonably informed of the status and progress of a case from the time it is referred by law enforcement until it is referred to the prosecuting agency.
Section 16-3-1545. (A) The prosecuting agency, when a juvenile case is referred to it, or a general sessions charge is received by it involving one or more victims, reasonably shall attempt to notify each victim of his right to submit an oral or written victim impact statement, or both, for consideration by the circuit or family court judge at the proceeding to dispose of the case and that written victim impact statements may be submitted at any postadjudication proceedings by the Department of Corrections, Department of Probation, Parole, and Pardon Services, Board of Juvenile Parole, or Department of Juvenile Justice. The prosecuting agency shall provide to each victim who wishes to make a written victim impact statement a form that solicits pertinent information regarding the crime that may include:
(1) the victim's personal information and supplementary contact information;
(2) an itemization of the victim's economic loss, and recovery from any insurance policy or another source;
(3) details of physical or psychological injuries, or both, including their seriousness and permanence;
(4) a description of any changes in the victim's personal welfare or family relationships;
(5) identification of psychological services requested or obtained by the victim; and
(6) any other information the victim believes to be important and pertinent.
(B) The prosecuting agency shall offer the victim assistance in preparing a comprehensive victim impact statement, and assistance in reviewing and updating the statement as appropriate before the case is disposed.
(C) The prosecuting agency shall inform victims and witnesses of the applicable procedures and practices of the criminal or juvenile justice system, or both.
(D) The prosecuting agency shall inform each victim of his right to legal counsel and of any available civil remedies.
(E) A law enforcement agency, the prosecuting agency, and the circuit and family courts shall return to a victim personal property recovered or taken as evidence as expeditiously as possible, substituting photographs of the property, and itemized lists of the property including serial numbers and unique identifying characteristics to use as evidence wherever possible.
(F) The prosecuting agency shall inform victims and prosecution witnesses of financial assistance, compensation, or fees to which they may be entitled, and shall offer to the victims and witnesses assistance with applications for these items.
(G) The prosecuting agency, upon request, shall keep each victim reasonably informed of the status and progress of a case, with the exception of preliminary hearings, from the time a juvenile case is referred to, or a general sessions charge is received by the prosecuting agency through disposition of the case in general sessions or family court.
(H) The prosecuting agency shall confer with each victim regarding decisions that will impact on its handling and disposition of a case to include, but not be limited to, diversions and plea negotiations, and shall discuss the case fully with the victim.
(I) The prosecuting agency reasonably shall attempt to notify each victim related to the case of each hearing, trial, or other proceeding. This notification must be made sufficiently in advance to allow the victims to exercise their rights contained in this article. When proceedings are canceled or rescheduled, the prosecuting agency shall reasonably attempt to inform victims and witnesses in a timely manner.
(J) The prosecuting agency victim advocate, upon request, may intercede with, and seek special consideration from, employers of victims and witnesses to prevent loss of pay or benefits, or both, resulting from their participation in the criminal juvenile justice system, or both, and with the victim's creditors, landlord, school, and other parties as appropriate throughout the prosecution process.
(K) If a victim or witness is threatened, the prosecuting agency immediately shall refer the incident to the appropriate law enforcement agency for prompt investigation and reasonably attempt to prosecute the case.
(L) The prosecuting agency shall take reasonable and appropriate steps to minimize inconvenience to victims and witnesses throughout court preparation and court proceedings, and shall familiarize victims and witnesses with courtroom procedure and protocol.
(M) The prosecuting agency shall refer victims, as appropriate, to counselors, social service agencies, and victim assistance providers.
Section 16-3-1550. (A) Employers of crime victims and witnesses shall not retaliate against or suspend or reduce the wages and benefits of a victim or witness who lawfully responds to a subpoena. Wilful violation of this provision constitutes contempt of court.
(B) A person must not be sequestered from a proceeding adjudicating a crime in which he was a victim.
(C) The circuit or family court shall provide victims and prosecution witnesses waiting areas separate from those used by the defendant and defense witnesses. The prosecuting agency and law enforcement agency shall assist in minimizing contact between prosecution and defense parties as much as possible.
(D) The circuit or family court judge shall recognize and protect the rights of victims and witnesses as diligently as those of the defendant. A circuit or family court judge, before proceeding with a trial, plea, sentencing, or other dispositive hearing, in a case involving a victim, shall ask the prosecuting agency to verify that a reasonable attempt was made to notify the victims sufficiently in advance to attend. If a reasonable attempt was not made to notify the victims, the hearing must be delayed for a reasonable time to notify the victims.
(E) The circuit or family court shall treat special witnesses, including those who are very young, elderly, handicapped, or who have special needs, sensitively, using closed or taped sessions when appropriate. The prosecuting agency or defense attorney shall notify the court when a victim or witness deserves special consideration.
(F) The circuit or family court shall hear or review any victim impact statement, whether written or oral, before sentencing. The prosecuting agency shall make available to the defense, for a reasonable period of time before sentencing, any written victim impact statement submitted by the victim, and the court shall allow the defense the opportunity for response. However, the victim impact statement must not be provided to the defense until the defendant has been determined guilty by a judge or jury. The victim impact statement and its contents are not admissible as evidence in any trial.
(G) The circuit and family court shall address the issue of restitution as provided by statute.
Section 16-3-1555. (A) The circuit or family court shall order, in a timely manner, reasonable witness fees and reimbursement of expenses to victims and witnesses.
(B) The prosecuting agency shall forward, as appropriate and within a reasonable time, a copy of each victim's impact statement, or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice. The names, addresses, and telephone numbers of victims and prosecution witnesses contained in the records of the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, and Department of Juvenile Justice, are confidential and must not be disclosed directly or indirectly, except as necessary to provide notifications or services, or both, between these agencies and the prosecuting agency, between these agencies and the Attorney General, between the Department of Corrections and the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, the Department of Mental Health, or the Department of Juvenile Justice, or by order of a court of competent jurisdiction.
(C) The prosecuting agency shall file with an indictment a copy of a written victim impact statement with the victim's personal information deleted.
(D) The prosecuting agency shall inform the victim and prosecution witnesses of their responsibility to provide the prosecuting agency, the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, the Department of Juvenile Justice, or the Attorney General, as appropriate, his legal name, current address, and telephone number.
(E) The prosecuting agency shall inform the victim regarding collection of restitution, fees, and expenses, the recovery of property used as evidence, and how to contact the Department of Corrections, the Board of Juvenile Parole, the Department of Probation, Parole, and Pardon Services, the Department of Juvenile Justice, or the Attorney General, as appropriate.
Section 16-3-1560. (A) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice reasonably shall attempt to notify each victim of post-sentence hearings or proceedings affecting the probation, parole, or release of the offender, and of the victim's right to attend and comment at these proceedings. This notification must be made sufficiently in advance to allow the victims to exercise their rights in this regard.
(B) The Attorney General, upon receiving notice of appeal or other post-conviction action by an offender convicted or adjudicated guilty of committing a crime involving one or more victims, shall request from the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, the victim's personal information.
(C) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, upon receipt of request for the victim's personal information from the Attorney General in an appeal or post-conviction action case, shall supply the requested information within a reasonable period.
(D) The Attorney General shall confer with victims regarding the appeal and other post-conviction actions of the offender.
(E) The Attorney General shall keep each victim reasonably informed of the status and progress of the appeal or other post-conviction action until its ultimate resolution.
(F) The Attorney General reasonably shall attempt to notify victims of all post-conviction hearings and proceedings, and of the victim's right to attend. This notification must be made sufficiently in advance to allow the victims to exercise their rights in this regard.
Section 16-3-1565. (A) Nothing in this article creates a cause of action on behalf of a person against a public employee, public agency, the State, or an agency responsible for the enforcement or rights and provision of services set forth in this article.
(B) A sentence must not be invalidated because of failure to comply with the provisions of this article. This article must not be construed to create a cause of action for monetary damages."
SECTION 4. If a provision of this act or the application of a provision of this act to a person or circumstance is held to be invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable.
SECTION 5. This act takes effect July 1, 1997.