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Advocacy


Published on Jan 15, 2021

House considers changes to managing sexual assault cases and juvenile access to attorneys

Contact: Sharon Swanson, Jacob Ewing

HB 1109, sponsored by Rep. Tina Orwall (D–Des Moines) and Rep. Gina Mosbrucker (R-Goldendale), requires police departments investigating sexual assault cases to provide the Attorney General’s Office (AGO) with periodic case updates. These updates include the status of an investigation as well as providing updates on the prosecution. The AGO will establish reporting requirements for these cases for police departments. The AGO will also file biannual reports with data collected from law enforcement agencies.

Additionally, the bill requires that police departments and prosecuting attorneys provide clear communication and updated timelines to a survivor of sexual assault regarding inquiries about the status of their case.

If the survivor of sexual assault is a minor, a prosecuting attorney must consider and discuss with the survivor a request to provide remote video testimony.

HB 1140, sponsored by Rep. Jesse Johnson (D–Federal Way) and Rep. Noel Frame (D–Greenwood), requires that law enforcement provide a juvenile with access to an attorney for consultation before the juvenile waives any constitutional rights. An officer may question a juvenile without an attorney present if the information sought is necessary to protect an individual’s life from imminent threat. Failure to comply with these new requirements would render any statements made by the juvenile inadmissible in court.

 

Dates to remember


HB 1109 is scheduled for public hearing in the House Public Safety Committee at 1:30 pm on Thursday, January 21.

HB 1140 is scheduled for public hearing in the House Civil Rights & Judiciary Committee at 10 am on Wednesday, January 20. The bill is scheduled for executive session in the same committee at 8 am on Friday, January 22.

  • Advocacy
  • Public safety & criminal justice

 

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