Bill advances requiring attorneys to speak with victims before plea deals

A bill passed by the General Assembly last month will require prosecutors to consult with victims before entering plea deals.

Previously, prosecutors only had to communicate with victims about a plea deal if they submitted a request in writing.

The bill would require attorneys to inform the victim of the proposed plea agreement and get their views about dismissal, pleas and sentencing. The court won’t accept a plea agreement if the commonwealth’s attorney hasn’t taken these steps or shown good cause for why they couldn’t reach the victim.

The bill was introduced by Sen. Mark Peake, R-Lynchburg, in early January. The bill passed the Senate in a 30-10 vote. It passed the House 79-20 with no discussion.

Peake told the Senate that the new law would put the responsibility for notifying victims on the commonwealth’s attorney, rather than the victims.

The bill does not require the commonwealth’s attorney to follow victims’ wishes regarding plea agreements, Peake said. It just requires prosecutors to keep victims apprised of what’s happening.

Peake brought the bill at the request of Virginia Attorney General Jason Miyares, a former Virginia Beach delegate.

“Frequently, commonwealth’s attorneys were entering into plea agreements, and they weren’t discussing it all with the victims of the crime,” Peake said. Sometimes victims would find out after the agreement had been approved by the court.

“The purpose of the bill is to make sure that doesn’t happen,” he said.

Peake acknowledged that most prosecutors already communicate with victims and witnesses.

“This just puts it in code to make sure all of them do it,” he said. “It’s obviously a pretty good practice to keep our victims informed.”

Sen. Scott Surovell, D-Fairfax, voted against the bill in committee and on the floor of the Senate.

“The reason I had a problem with it is I don’t think it’s practical,” Surovell said. “The law changed it to require it in every case whether the victim requested it or not, and sometimes you can’t locate the victim.”

A defense attorney, Surovell said, “I’ve had lots of cases where the victim didn’t show up in court and stops communicating and goes off the grid.”

Surovell was concerned the change could lead to plea discussions getting “bogged down and delayed” if attorneys were unable to comply with the new requirement.

The section of the sate code being changed broadly provides for victim and witness rights and ensures they “are treated with dignity, respect and sensitivity.” It includes requirements that victims be kept up to date on their case and provided with protections as necessary.