Statutes | Lummi Nation Code of Laws Title 5A Chapter 5A.04 ยง 5A.04.020 | 2018
(a) A person prosecuting a crime involving domestic violence shall:
(1) encourage the victim to advise the prosecutor as to the victim's wishes regarding the outcome of the case
(2) upon request, inform the victim of all Court hearings where the defendant has the right to be present
(3) forward to the Court any requests or statements made by the victim regarding victim impact, recommendations for treatment and other conditions of sentencing, and restitution
(4) notify the victim or, if the victim cannot be contacted notify Lummi Victims of Crime, when:
(A) an alleged perpetrator will not, for any reason, be prosecuted for an alleged crime involving domestic violence and
(B) when the disposition of the case involves an agreement reached during plea bargaining.
(b) If the prosecutor moves to dismiss charges against a defendant accused of a crime involving domestic violence, the prosecutor must state the specific reasons for the dismissal in the written motion. If the motion for dismissal is based on the unavailability of the alleged victim or any witness, the prosecutor's office shall indicate any known reason why such person(s) are unavailable, and why the case cannot be prosecuted in that person's absence.
(c) In filing a criminal complaint, the prosecutor may decline to charge the alleged crime as one involving domestic violence upon a determination that the alleged crime does not come within the purpose of this title, to prevent domestic violence, because the incident does not involve an attempt by one family or household member to exercise power and control over the other family or household member.