This amendment changes a committee report to list specific sections that need updates and removes several paragraphs of text from the document.
HB26-1052
Rights for Victims of Certain Crimes
In one sentence
This law stops a person accused or convicted in a case from acting as the legal representative for child or at-risk adult victims and adds new rights to help those victims.
What it does
- Prohibits defendants or alleged offenders from serving as lawful representatives for child or at-risk adult victims under the Victim Rights Act.
- Requires district attorneys to notify victims if a crime laboratory employee committed wrongful actions against them.
- Requires district attorneys to tell victims when an evidentiary hearing on a post-conviction petition is scheduled.
- Allows victims to ask courts and officials to use abbreviations, pseudonyms, initials, or other preferred names during hearings.
- Gives victims the right to speak at restitution assessment hearings.
Who it affects
- Child victims of crimes
- At-risk adult victims of crimes
- Defendants and alleged offenders in criminal cases
- District attorneys
Limits and unknowns
- The official text does not state when this law officially takes effect.
- The summary does not explain what happens if someone breaks these new rules.
Plain language
Terms to know
- Lawful representative
- A person legally allowed to act on behalf of a victim.
- At-risk adult
- An adult who is vulnerable due to age, disability, or other factors as defined by law.
Official record
Sources
Official summary
For purposes of the 'Victim Rights Act', the act prohibits a defendant or alleged offender in the underlying case from being the 'lawful representative' of a victim or the victim's designee if the victim is a child or an at-risk adult. The act creates new rights for a victim under the 'Victim Rights Act', including the right to: Be notified by the district attorney if the district attorney receives a notice that a crime laboratory employee engaged in a wrongful action that includes a crime against the victim and a notice that an evidentiary hearing on post-conviction petition for relief is held; Request to be referred to by an abbreviation, pseudonym, initials, or another preferred name during hearings; and Be heard at a restitution assessment hearing. (Note: This summary applies to this bill as enacted.)
Official activity
Bill history
- Governor SignedGovernor
- Sent to the GovernorGovernor
- Signed by the President of the SenateSenate
- Signed by the Speaker of the HouseHouse
- Senate Third Reading Passed - No AmendmentsSenate
- Senate Second Reading Special Order - Passed - No AmendmentsSenate
- Senate Committee on Judiciary Refer Unamended - Consent Calendar to Senate Committee of the WholeSenate
- Introduced In Senate - Assigned to JudiciarySenate
- House Third Reading Passed - No AmendmentsHouse
- House Second Reading Special Order - Passed with Amendments - Committee, FloorHouse
- House Committee on Appropriations Refer Amended to House Committee of the WholeHouse
- House Committee on Judiciary Refer Amended to AppropriationsHouse
- Introduced In House - Assigned to JudiciaryHouse
Changes
Amendments
4 stored
This amendment updates the list of legal situations where a defendant cannot represent a victim and adds new rights for victims to request retesting of forensic evidence if lab errors occurred.
This amendment expands the list of legal hearings where a defendant cannot represent a victim and adds new rights for victims to request their preferred name be used in specific court proceedings.
This amendment changes the bill to require that medical evidence be collected and victims are told what the District Attorney decides.