Summary:

 House Bill 204 (HB 204) relates to criminal procedure and a child victim, child witness or adult victim the right to refuse to give pretrial statements or interviews.  

Legislation Overview:

 House Bill 204 (HB 204) enacts a new section of the Victims of Crime Act that allows certain victims the right to refuse to give pretrial statements or interviews.
First, HB 204 provides that a child victim or child witness in a criminal case cannot be compelled to give a pretrial statement or interview.  A child is a person under the age of 18 at the time of the requested interview.
Second, the bill gives an adult victim the right to refuse to give a pretrial statement or interview in a criminal proceeding. A victim may decline to be interviewed or place limits on the scope of questions to be asked. In response, a party may ask the court to approve questions to be asked by an individual trained in forensic interviews at a recorded interview.  At the interview, the parties are not present but may observe remotely.  Questions that are not relevant or that repeat questions previously answered by the victim cannot be asked. The court can also modify questions to protect the victim’s health, safety and privacy.  
Third, HB 204 prohibits a defendant from initiating contact with the victim except through the prosecutor’s office.  The victim will then be informed of the request and of  the victim’s right to refuse the interview.  The prosecutor cannot inform the defendant of the victim’s address, phone number or any other personal information unless ordered by court. 
Fourth, if an adult victim agrees to an interview, the prosecutor’s office tells the defendant of the time, place and manner where the victim wants the interview to take place.  The victim has a right to have an advocate present and the right to end the interview at any time or refuse to answer any question.  The prosecutor has the authority to protect the victim from harassment, intimidation or abuse and may also request a protective order from the court.  The bill requires everyone participating in the interview to respect the victim’s health, privacy and dignity. A prosecutor may attend all interviews and may request a copy of a transcript of the interview.  
Finally, a defendant is prohibited from commenting at trial on a victim’s refusal to undergo an interview, and if such a comment is made, the judge must tell the jury that the victim has the right to refuse an interview.  

Current Law:

 Current law does not allow victims the right to refuse pretrial statements or interviews.