Washington § 38.38.030 - Rights of victims.

(1) Notwithstanding any other provision of law including, but not limited to, chapter 7.69 RCW and the Washington state Constitution, a victim of an offense under this chapter has the following rights:

(a) The right to be reasonably protected from the accused;

(b) The right to reasonable, accurate, and timely notice of any of the following:

(i) A public hearing concerning the continuation of confinement before the trial of the accused;

(ii) An investigation under RCW 38.38.316 relating to the offense;

(iii) A court-martial relating to the offense;

(iv) A posttrial motion, filing, or hearing that may address the finding or sentence of a court-martial with respect to the accused, unseal privileged or private information of the victim, or result in the release of the accused;

(v) A public proceeding of the service clemency and parole board relating to the offense;

(vi) The release or escape of the accused, unless such notice may endanger the safety of any person;

(c) The right not to be excluded from any public hearing or proceeding described in (b) of this subsection unless the military judge or investigating officer, as applicable, after receiving clear and convincing evidence, determines that testimony by the victim of an offense under this chapter would be materially altered if the victim heard other testimony at that hearing or proceeding;

(d) The right to be reasonably heard at any of the following:

(i) A public hearing concerning the continuation of confinement before to [the] trial of the accused;

(ii) A sentencing hearing relating to the offense;

(iii) A public proceeding of the service clemency and parole board relating to the offense;

(e) The reasonable right to confer with the counsel representing the state at any proceeding described in (b) of this subsection;

(f) The right to receive restitution as provided in law, if applicable;

(g) The right to proceedings free from unreasonable delay;

(h) The right to be informed in a timely manner of any plea agreement, separation in lieu of trial agreement, or nonprosecution agreement relating to the offense, unless providing such information would jeopardize a law enforcement proceeding or would violate the privacy concerns of an individual other than the accused; and

(i) The right to be treated with fairness and with respect for the dignity and privacy of the victim of an offense under this chapter.

(2) For the purposes of this section, "victim of an offense under this chapter" means an individual who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of an offense under this chapter.

(3) Nothing in this section is construed to:

(a) Authorize a cause of action for damages;

(b) Create, enlarge, or imply any duty or obligation to any victim of an offense under this chapter or other person for the breach of which the state of Washington or any of its officers or employees could be held liable in damages; or

(c) Impair the exercise of discretion under RCW 38.38.308 and 38.38.324.

(4)(a) Upon notice by counsel for the state to counsel for the accused of the name of an alleged victim of an offense under this chapter who counsel for the state intends to call as a witness at a proceeding under this chapter, counsel for the accused shall make any request to interview the victim through counsel for the victim, if applicable.

(b) If requested by an alleged victim who is subject to a request for interview under (a) of this subsection, any interview of the victim by counsel for the accused shall take place only in the presence of the counsel for the state, or, if applicable, counsel for the victim or a victim advocate.

Intent—2026 c 28: "The legislature recognizes that members of the Washington national guard serve in both a federal and state capacity. This dual mission is at the core of the citizen soldier's response to the national defense as well as the needs of Washington state during emergencies and disasters. The legislature intends to ensure the same protections afforded to service members who are victims of a crime while in federal status exist when the same members of our national guard are serving in a state capacity. Alignment between the federal uniform code of military justice and the Washington code of military justice is necessary for crime victims to receive the same universal basic rights. Furthermore, consistency between the federal and state military codes and alignment to state law also provides clear guidelines and standards for commanders regarding victims' rights, ensuring consistency in treatment of victims and processing of cases by leaders across the various commands of the Washington air and army national guard." [ 2026 c 28 s 1.]