8-412

8-412. Victim's right to refuse an interview;
applicability

A. Unless the victim consents, the victim shall not be compelled to submit to an
interview on any matter, including any alleged delinquent act witnessed by the victim and
that occurred on the same occasion as the delinquent act against the victim, or filed in
the same petition or consolidated for an adjudication hearing, that is conducted by the
juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile
defendant.

B. The juvenile defendant, the attorney for the juvenile defendant or an agent of
the juvenile defendant shall only initiate contact with the victim through the
prosecutor's office. The prosecutor's office shall inform the victim of the juvenile
defendant's request for an interview within ten days after the request and shall advise
the victim of the victim's right to refuse the interview.

C. The prosecutor shall not be required to forward any correspondence from the
juvenile defendant, the juvenile defendant's attorney or an agent of the juvenile
defendant to the victim or the victim's representative.

D. If the victim consents to an interview, the prosecutor's office shall inform the
juvenile defendant, the attorney for the juvenile defendant or an agent of the juvenile
defendant of the time and place the victim has selected for the interview. If the victim
wishes to impose other conditions on the interview, the prosecutor's office shall inform
the juvenile defendant, the attorney for the juvenile defendant or an agent of the
juvenile defendant of the conditions. The victim has the right to terminate the
interview at any time or to refuse to answer any question during the interview. The
prosecutor has standing at the request of the victim to protect the victim from
harassment, intimidation or abuse and, pursuant to that standing, may seek any
appropriate protective court order.

E. Unless otherwise directed by the victim, the prosecutor may attend all
interviews. If a transcript or tape recording of the interview is made and on request of
the prosecutor, the prosecutor shall receive a copy of the transcript or tape recording
at the prosecutor's expense.

F. For the purposes of this section, a peace officer shall not be considered a
victim if the act that would have made the officer a victim occurs while the peace
officer is acting in the scope of the officer's official duties.

G. This section applies to the parent or legal guardian of a minor child who
exercises victims' rights on behalf of the minor child.