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2000 SESSION

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001172536
SENATE JOINT RESOLUTION NO. 155 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Rules on February 7, 2000) (Patrons Prior to Substitute--Senators Stolle and Ticer [SJR 186]) Directing the Virginia State Crime Commission to study victim and witness safety.

WHEREAS, the safety of victims and witnesses during the criminal justice process is of paramount importance to a fair system; and

WHEREAS, the ability of innocent victims and witnesses to openly, honestly, and safely face their perpetrators is as vital to the system as is the right of the accused to face his accusor; and

WHEREAS, modern criminal behavior has made it increasingly difficult to assure the safety of participants in criminal trials; and

WHEREAS, measures which protect the criminal justice system from possible decay in this area need to be considered; now, therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, That the Virginia State Crime Commission be directed to study victim and witness safety. The study shall include ways to increase victim and witness safety before, during and after trial, including through means used by other states, such as dispensing with preliminary hearings in cases deemed dangerous to victims or witnesses, use of secret grand jury indictments, use of investigative grand juries, and allowing police officers to summarize evidence, including hearsay evidence, at the preliminary hearing phase.

All agencies of the Commonwealth shall provide assistance to the Commission for this study, upon request.

The Commission shall complete its work in time to submit its findings and recommendations to the Governor and the 2001 Session of the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.