House Bill 2417 — State of Washington, 69th Legislature, 2026 Regular Session (by request of Military Department)

Summary

House Bill 2417 (Z-0608.1), State of Washington, 69th Legislature, 2026 Regular Session, with sponsors beginning Representatives Keaton, Stuebe and Marshall, by request of Military Department, read first time 01/13/26 and referred to the Committee on Technology, Economic Development, & Veterans. The act relates to changing the Washington code of military justice so that it includes certain protections for victims of an offense while serving within the organized militia of Washington. Its text adds a new section to chapter 38.38 RCW stating that a victim of an offense under that chapter has rights including to be reasonably protected from the accused, to receive timely notice of listed proceedings, to be reasonably heard at a sentencing hearing, and to receive restitution as provided in law.

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Full text

     Z-0608.1

                                HOUSE BILL 2417


     State of Washington        69th Legislature         2026 Regular Session

     By Representatives Keaton, Stuebe, Marshall, Leavitt, Jacobsen,
     Eslick, Shavers, and Reeves; by request of Military Department

     Read first time 01/13/26.      Referred   to   Committee   on   Technology,
     Economic Development, & Veterans.




1        AN ACT Relating to changing the Washington code of military
2    justice so that it includes certain protections for victims of an
3    offense while serving within the organized militia of Washington;
4    adding a new section to chapter 38.38 RCW; and creating a new
5    section.


6    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 7       NEW SECTION. Sec. 1. The legislature recognizes that members of
 8   the Washington national guard serve in both a federal and state
 9   capacity. This dual mission is at the core of the citizen soldier's
10   response to the national defense as well as the needs of Washington
11   state during emergencies and disasters. The legislature intends to
12   ensure the same protections afforded to service members who are
13   victims of a crime while in federal status exist when the same
14   members of our national guard are serving in a state capacity.
15   Alignment between the federal uniform code of military justice and
16   the Washington code of military justice is necessary for crime
17   victims to receive the same universal basic rights. Furthermore,
18   consistency between the federal and state military codes and
19   alignment to state law also provides clear guidelines and standards
20   for commanders regarding victims' rights, ensuring consistency in


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 1   treatment of victims and processing of cases by leaders across the
 2   various commands of the Washington air and army national guard.


 3       NEW SECTION.   Sec. 2.   A new section is added to chapter 38.38
 4   RCW to read as follows:
 5       (1) Notwithstanding any other provision of law including, but not
 6   limited to, chapter 7.69 RCW and the Washington state Constitution, a
 7   victim of an offense under this chapter has the following rights:
 8       (a) The right to be reasonably protected from the accused;
 9       (b) The right to reasonable, accurate, and timely notice of any
10   of the following:
11       (i) A public hearing concerning the continuation of confinement
12   before the trial of the accused;
13       (ii) An investigation under RCW 38.38.316 relating to the
14   offense;
15       (iii) A court-martial relating to the offense;
16       (iv) A posttrial motion, filing, or hearing that may address the
17   finding or sentence of a court-martial with respect to the accused,
18   unseal privileged or private information of the victim, or result in
19   the release of the accused;
20       (v) A public proceeding of the service clemency and parole board
21   relating to the offense;
22       (vi) The release or escape of the accused, unless such notice may
23   endanger the safety of any person;
24       (c) The right not to be excluded from any public hearing or
25   proceeding described in (b) of this subsection unless the military
26   judge or investigating officer, as applicable, after receiving clear
27   and convincing evidence, determines that testimony by the victim of
28   an offense under this chapter would be materially altered if the
29   victim heard other testimony at that hearing or proceeding;
30       (d) The right to be reasonably heard at any of the following:
31       (i) A public hearing concerning the continuation of confinement
32   before to trial of the accused;
33       (ii) A sentencing hearing relating to the offense;
34       (iii) A public proceeding of the service clemency and parole
35   board relating to the offense;
36       (e) The reasonable right to confer with the counsel representing
37   the state at any proceeding described in (b) of this subsection;
38       (f) The right to receive restitution as provided in law, if
39   applicable;
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 1       (g) The right to proceedings free from unreasonable delay;
 2       (h) The right to be informed in a timely manner of any plea
 3   agreement, separation in lieu of trial agreement, or nonprosecution
 4   agreement relating to the offense, unless providing such information
 5   would jeopardize a law enforcement proceeding or would violate the
 6   privacy concerns of an individual other than the accused; and
 7       (i) The right to be treated with fairness and with respect for
 8   the dignity and privacy of the victim of an offense under this
 9   chapter.
10       (2) For the purposes of this section, "victim of an offense under
11   this chapter" means an individual who has suffered direct physical,
12   emotional, or pecuniary harm as a result of the commission of an
13   offense under this chapter.
14       (3) Nothing in this section is construed to:
15       (a) Authorize a cause of action for damages;
16       (b) Create, enlarge, or imply any duty or obligation to any
17   victim of an offense under this chapter or other person for the
18   breach of which the state of Washington or any of its officers or
19   employees could be held liable in damages; or
20       (c) Impair the exercise of discretion under RCW 38.38.308 and
21   38.38.324.
22       (4)(a) Upon notice by counsel for the state to counsel for the
23   accused of the name of an alleged victim of an offense under this
24   chapter who counsel for the state intends to call as a witness at a
25   proceeding under this chapter, counsel for the accused shall make any
26   request to interview the victim through counsel for the victim, if
27   applicable.
28       (b) If requested by an alleged victim who is subject to a request
29   for interview under (a) of this subsection, any interview of the
30   victim by counsel for the accused shall take place only in the
31   presence of the counsel for the state, or, if applicable, counsel for
32   the victim or a victim advocate.

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