HB 4788

Abstract

Amends the Rights of Crime Victims and Witnesses Act. Provides that the office of the State's Attorney shall: (1) consult with the crime victim regarding the State's Attorney's decision to charge or not charge an offense, and the victim has the right to have an attorney, advocate, and other support person of the victim's choice attend this consultation with them; and (2) give the crime victim timely notice of any decision not to pursue charges and provide the notice in a way that does not put the victim's safety at risk. Crime victims' rights shall be asserted in the court in which a defendant is being prosecuted for the crime. Provides that if no prosecution has been commenced, a complaint for mandamus, injunctive, or declaratory relief may be filed in the circuit court in the jurisdiction in which the crime occurred. Provides that filing fees that would otherwise be owed by the victim shall be waived for any court filing with the main purpose of enforcing crime victims' rights. Provides that the Act grants a victim a private civil cause of action for injunctive relief and compensatory damages for lost wages, attorney's fees, and costs directly related to enforcing a crime victim's rights when officials willfully or wantonly violate a victim's right or rights and the officials do not correct their actions and afford the right or rights to the victim when given written notice and reasonable time to comply.