AN ACT Relating 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;
Bill Description
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.
What this bill does Powered by Legitron
The bill adds a new section to chapter 38.38 RCW (the Washington code of military justice) establishing enumerated rights for victims of offenses under that chapter and includes legislative findings stating an intent to align victim protections with the federal Uniform Code of Military Justice and state law. This is a statutory addition creating procedural rights and processes for victims rather than creating new crimes or specifying new penalties in the extracted facts.
Specified rights include reasonable protection from the accused; timely, reasonable, and accurate notice of specified hearings, investigations, and the release or escape of the accused (with safety exceptions); a presumption that victims not be excluded from listed public hearings unless a military judge or investigating officer finds by clear and convincing evidence that testimony would be materially altered; the right to be reasonably heard at certain proceedings; a reasonable right to confer with the counsel representing the state; the right to receive restitution if applicable under law; timely notice of plea or similar agreements except where notice would jeopardize investigations or privacy of third parties; proceedings free from unreasonable delay; and treatment with fairness and respect for dignity and privacy. The bill also imposes procedural requirements on defense counsel interview requests (requests must be made through the victim’s counsel if applicable) and allows victims to require interviews occur only in the presence of state counsel, victim counsel, or a victim advocate.
The new section defines a “victim of an offense under this chapter” as an individual who has suffered direct physical, emotional, or pecuniary harm from an offense under chapter 38.38 RCW. The provision expressly does not create a private cause of action for damages, does not create or enlarge a duty that would subject the state or its officers/employees to liability for damages, and does not impair discretion under RCW 38.38.308 and 38.38.324. Affected entities named include the Washington National Guard (air and army), the organized militia of Washington, the Military Department, the service clemency and parole board, counsel roles, victim advocates, and command leadership. The bill was read for the first time on 1/13/2026, passed the House on 2/11/2026, and passed the Senate on 3/3/2026. The extracted facts do not specify the exact new section number, any effective date or operative date, the text of the offenses in chapter 38.38 RCW, or an approval/filing date.
Why it matters Powered by Legitron
If enacted, the bill formally gives people harmed by crimes under Washington’s military justice chapter a set of enforceable procedural protections and puts concrete new duties on the Military Department, prosecutors, commanders, and the service clemency and parole board to provide notices, allow victims to participate in certain hearings, and coordinate how defense counsel may interview victims (including routing requests through a victim’s counsel and holding interviews in the presence of prosecutors, victim counsel, or a victim advocate if the victim asks). In practice this will require the Washington National Guard and the Military Department to expand notification and victim‑assistance processes, likely adding staff time, training, and administrative steps for scheduling hearings, providing timely notices, and involving victim advocates; defense counsel will face narrower options for contacting alleged victims.
The law also says it does not create a new private right to sue or increase the state’s liability, and it preserves existing official discretion in related military provisions, so financial exposure to damages claims should not rise. Important details are missing from the extracted text—there’s no effective date or new section number provided and the bill doesn’t show exactly which offenses are covered—so the timing and full scope of who and when these requirements apply remain uncertain.