AB 28

Under current law, a crime victim may offer a statement regarding the impact

of the crime on his or her life, which may be considered at sentencing, disposition,

or parole hearings.

This bill names such a statement a “victim impact statement.” Under the bill,

a victim impact statement is confidential, and unless the statement contains

exculpatory information, the statement is not considered a witness statement that

must be disclosed by the prosecuting attorney to the court and to the defendant at

trial. The bill allows a victim to amend or retract a victim impact statement he or

she has provided up until the time at which it is disclosed. Under the bill, a victim

impact statement may not be disclosed until after a plea has been entered or a

conviction has been obtained in a criminal case, at which time the statement must

be disclosed to the court, the prosecuting attorney, and the defendant or the

defendant's attorney, and the judge must enter a protective order barring

redisclosure of the statement. The bill requires that a disclosed statement be kept

confidential and returned to the court at the conclusion of representation.