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HB 0298 - Victim Guidelines for Prosecutors

Tracking Level: Watch
Sponsor: Andrew Stoddard
Last Action: 3/24/2020 - Governor Signed in Lieutenant Governor's office for filing
House Committee: Law Enforcement and Criminal Justice
Senate Committee: Judiciary, Law Enforcement, and Criminal Justice
Assigned To:
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Staff Analysis of the Legislation

The bill requires that upon a victim or victim's family member's request, an official from a certifying agency will certify victim helpfulness on a Form I-918 Supplement B certificate (certificate). When the victim is a victim of a qualifying criminal activity, it will be noted on the certificate when the victim has been helpful, is being helpful, or is likely to be helpful in the detection, investigation, or prosecution of the criminal activity. 

The bill enacts a rebuttable presumption of the victim's helpfulness if the victim has not refused or failed to provide reasonable information and assistance to law enforcement. An official from a certifying agency may withdraw the certification if the victim refuses to provide information and assistance when reasonably requested. 

The bill prohibits a certifying agency from disclosing a victim or requesting party's immigration status except to comply with federal law. 

This bill defines a certifying agency as law enforcement, prosecutor, court, any authority or agency with responsibility for the detection, investigation, or prosecution of a qualifying crime or criminal activity. Agencies include the Division of Child Family Services and the Department of Workforce Services.

Each entity is required to report to the Office of the Attorney General before June 30 of each year: the number of victims requesting certifications, the number of certifications signed, and denied. The Attorney General is required to report this information to the Judiciary Interim Committee annually.  

Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text