This bill strengthens compliance by state, county and local authorities with laws regarding crime victim rights and provides a complaint process for victims whose rights have been violated. Specifically, the bill does the following.
1. It directs the Office of the Attorney General to create a centralized complaint process and procedures for investigations of violations of crime victim rights, including a victim complaint notice process and an inquiry and investigative process that requires that the office be given access to necessary information to conduct investigations. If, after the filing of a complaint and investigation into that complaint, the office determines it appropriate to do so, the office must recommend that a state, county or municipal authority take action and that authority must report to the office within 30 days regarding the action taken or the reasons for not taking any action responsive to the recommendation.
2. It specifies that a victim who participates in the victim complaint process may also exercise any other legal rights and remedies available to the victim.
3. It clarifies that the office may not be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to matters involving the exercise of the duties established in the bill.
4. It specifies that a victim has the right to receive timely notice of and have an opportunity to be heard at any hearing or court proceeding concerning a subpoena issued for any record about or concerning the victim, including, but not limited to, medical or mental health counseling or treatment records, educational records or cellular telephone records.
5. It specifies that a victim has a right to be notified of the filing, scheduling and outcome of an appeal of a decision of a court about a crime against that victim.
6. It specifies that at any point in a criminal proceeding, a victim has the right to retain a victim's attorney, who may be present and speak on behalf of the victim during all stages of any interview, investigation or other interaction with representatives of the criminal justice system. Treatment of the victim may not be affected or altered in any way because of the victim's decision to exercise this right. A victim witness advocate or victim witness coordinator may also be present and speak on behalf of the victim during any court proceeding.

Statutes affected:
Bill Text LD 2163, HP 1452: 17-A.2102