Military code/victim rights

AN ACT Relating to changing the Washington code of military 1
justice so that it includes certain protections for victims of an 2
offense while serving within the organized militia of Washington; 3
adding a new section to chapter 38.38 RCW; and creating a new 4
section. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The legislature recognizes that members of 7
the Washington national guard serve in both a federal and state 8
capacity. This dual mission is at the core of the citizen soldier's 9
response to the national defense as well as the needs of Washington 10
state during emergencies and disasters. The legislature intends to 11
ensure the same protections afforded to service members who are 12
victims of a crime while in federal status exist when the same 13
members of our national guard are serving in a state capacity. 14
Alignment between the federal uniform code of military justice and 15
the Washington code of military justice is necessary for crime 16
victims to receive the same universal basic rights. Furthermore, 17
consistency between the federal and state military codes and 18
alignment to state law also provides clear guidelines and standards 19
for commanders regarding victims' rights, ensuring consistency in 20
Z-0608.1
HOUSE BILL 2417
State of Washington 69th Legislature 2026 Regular Session
By Representatives Keaton, Stuebe, Marshall, Leavitt, Jacobsen,
Eslick, Shavers, and Reeves; by request of Military Department
Read first time 01/13/26. Referred to Committee on Technology,
Economic Development, & Veterans.
p. 1 HB 2417
treatment of victims and processing of cases by leaders across the 1
various commands of the Washington air and army national guard.2
NEW SECTION. Sec. 2. A new section is added to chapter 38.38 3
RCW to read as follows: 4
(1) Notwithstanding any other provision of law including, but not 5
limited to, chapter 7.69 RCW and the Washington state Constitution, a 6
victim of an offense under this chapter has the following rights:7
(a) The right to be reasonably protected from the accused;8
(b) The right to reasonable, accurate, and timely notice of any 9
of the following: 10
(i) A public hearing concerning the continuation of confinement 11
before the trial of the accused; 12
(ii) An investigation under RCW 38.38.316 relating to the 13
offense; 14
(iii) A court-martial relating to the offense;15
(iv) A posttrial motion, filing, or hearing that may address the 16
finding or sentence of a court-martial with respect to the accused, 17
unseal privileged or private information of the victim, or result in 18
the release of the accused; 19
(v) A public proceeding of the service clemency and parole board 20
relating to the offense; 21
(vi) The release or escape of the accused, unless such notice may 22
endanger the safety of any person; 23
(c) The right not to be excluded from any public hearing or 24
proceeding described in (b) of this subsection unless the military 25
judge or investigating officer, as applicable, after receiving clear 26
and convincing evidence, determines that testimony by the victim of 27
an offense under this chapter would be materially altered if the 28
victim heard other testimony at that hearing or proceeding;29
(d) The right to be reasonably heard at any of the following:30
(i) A public hearing concerning the continuation of confinement 31
before to trial of the accused; 32
(ii) A sentencing hearing relating to the offense;33
(iii) A public proceeding of the service clemency and parole 34
board relating to the offense; 35
(e) The reasonable right to confer with the counsel representing 36
the state at any proceeding described in (b) of this subsection;37
(f) The right to receive restitution as provided in law, if 38
applicable; 39
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(g) The right to proceedings free from unreasonable delay;1
(h) The right to be informed in a timely manner of any plea 2
agreement, separation in lieu of trial agreement, or nonprosecution 3
agreement relating to the offense, unless providing such information 4
would jeopardize a law enforcement proceeding or would violate the 5
privacy concerns of an individual other than the accused; and6
(i) The right to be treated with fairness and with respect for 7
the dignity and privacy of the victim of an offense under this 8
chapter. 9
(2) For the purposes of this section, "victim of an offense under 10
this chapter" means an individual who has suffered direct physical, 11
emotional, or pecuniary harm as a result of the commission of an 12
offense under this chapter. 13
(3) Nothing in this section is construed to: 14
(a) Authorize a cause of action for damages; 15
(b) Create, enlarge, or imply any duty or obligation to any 16
victim of an offense under this chapter or other person for the 17
breach of which the state of Washington or any of its officers or 18
employees could be held liable in damages; or 19
(c) Impair the exercise of discretion under RCW 38.38.308 and 20
38.38.324. 21
(4)(a) Upon notice by counsel for the state to counsel for the 22
accused of the name of an alleged victim of an offense under this 23
chapter who counsel for the state intends to call as a witness at a 24
proceeding under this chapter, counsel for the accused shall make any 25
request to interview the victim through counsel for the victim, if 26
applicable. 27
(b) If requested by an alleged victim who is subject to a request 28
for interview under (a) of this subsection, any interview of the 29
victim by counsel for the accused shall take place only in the 30
presence of the counsel for the state, or, if applicable, counsel for 31
the victim or a victim advocate. 32
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