Texas Code of Criminal Procedure - Article 56.02. Crime Victims' Rights
Legal Research Home >
Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 56.02. Crime Victims' Rights
Art. 56.02. CRIME VICTIMS' RIGHTS. (a) A victim, guardian
of a victim, or close relative of a deceased victim is entitled to
the following rights within the criminal justice system:
(1) the right to receive from law enforcement agencies
adequate protection from harm and threats of harm arising from
cooperation with prosecution efforts;
(2) the right to have the magistrate take the safety of the
victim or his family into consideration as an element in fixing the
amount of bail for the accused;
(3) the right, if requested, to be informed:
(A) by the attorney representing the state of relevant court
proceedings, including appellate proceedings, and to be informed if
those proceedings have been canceled or rescheduled prior to the
event; and
(B) by an appellate court of decisions of the court, after
the decisions are entered but before the decisions are made public;
(4) the right to be informed, when requested, by a peace
officer concerning the defendant's right to bail and the procedures
in criminal investigations and by the district attorney's office
concerning the general procedures in the criminal justice system,
including general procedures in guilty plea negotiations and
arrangements, restitution, and the appeals and parole process;
(5) the right to provide pertinent information to a
probation department conducting a presentencing investigation
concerning the impact of the offense on the victim and his family by
testimony, written statement, or any other manner prior to any
sentencing of the offender;
(6) the right to receive information regarding compensation
to victims of crime as provided by Subchapter B, including
information related to the costs that may be compensated under that
subchapter and the amount of compensation, eligibility for
compensation, and procedures for application for compensation
under that subchapter, the payment for a medical examination under
Article 56.06 for a victim of a sexual assault, and when requested,
to referral to available social service agencies that may offer
additional assistance;
(7) the right to be informed, upon request, of parole
procedures, to participate in the parole process, to be notified,
if requested, of parole proceedings concerning a defendant in the
victim's case, to provide to the Board of Pardons and Paroles for
inclusion in the defendant's file information to be considered by
the board prior to the parole of any defendant convicted of any
crime subject to this subchapter, and to be notified, if requested,
of the defendant's release;
(8) the right to be provided with a waiting area, separate
or secure from other witnesses, including the offender and
relatives of the offender, before testifying in any proceeding
concerning the offender; if a separate waiting area is not
available, other safeguards should be taken to minimize the
victim's contact with the offender and the offender's relatives and
witnesses, before and during court proceedings;
(9) the right to prompt return of any property of the victim
that is held by a law enforcement agency or the attorney for the
state as evidence when the property is no longer required for that
purpose;
(10) the right to have the attorney for the state notify the
employer of the victim, if requested, of the necessity of the
victim's cooperation and testimony in a proceeding that may
necessitate the absence of the victim from work for good cause;
(11) the right to counseling, on request, regarding
acquired immune deficiency syndrome (AIDS) and human
immunodeficiency virus (HIV) infection and testing for acquired
immune deficiency syndrome (AIDS), human immunodeficiency virus
(HIV) infection, antibodies to HIV, or infection with any other
probable causative agent of AIDS, if the offense is an offense under
Section 21.11(a)(1), 22.011, or 22.021, Penal Code;
(12) the right to request victim-offender mediation
coordinated by the victim services division of the Texas Department
of Criminal Justice;
(13) the right to be informed of the uses of a victim impact
statement and the statement's purpose in the criminal justice
system, to complete the victim impact statement, and to have the
victim impact statement considered:
(A) by the attorney representing the state and the judge
before sentencing or before a plea bargain agreement is accepted;
and
(B) by the Board of Pardons and Paroles before an inmate is
released on parole; and
(14) except as provided by Article 56.06(a), for a victim of
a sexual assault, the right to a forensic medical examination if the
sexual assault is reported to a law enforcement agency within 96
hours of the assault.
(b) A victim, guardian of a victim, or close relative of a
deceased victim is entitled to the right to be present at all public
court proceedings related to the offense, subject to the approval
of the judge in the case.
(c) The office of the attorney representing the state, and
the sheriff, police, and other law enforcement agencies shall
ensure to the extent practicable that a victim, guardian of a
victim, or close relative of a deceased victim is afforded the
rights granted by Subsection (a) of this article and, on request, an
explanation of those rights.
(d) A judge, attorney for the state, peace officer, or law
enforcement agency is not liable for a failure or inability to
provide a right enumerated in this article. The failure or
inability of any person to provide a right or service enumerated in
this article may not be used by a defendant in a criminal case as a
ground for appeal, a ground to set aside the conviction or sentence,
or a ground in a habeas corpus petition. A victim, guardian of a
victim, or close relative of a deceased victim does not have
standing to participate as a party in a criminal proceeding or to
contest the disposition of any charge.
Added by Acts 1985, 69th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1985.
Subsec. (a) amended by Acts 1987, 70th Leg., ch. 433, Sec. 1, eff.
Aug. 31, 1987; Subsecs. (a), (c) amended by Acts 1987, 70th Leg.,
ch. 929, Sec. 1, eff. Sept. 1, 1987; Subsec. (c) amended by Acts
1989, 71st Leg., ch. 996, Sec. 1, eff. Sept. 1, 1989; Subsecs. (a),
(d) amended by Acts 1991, 72nd Leg., ch. 202, Sec. 3, eff. Sept. 1,
1991; Subsec. (a) amended by Acts 1993, 73rd Leg., ch. 811, Sec. 3,
eff. Sept. 1, 1993; Subsec. (a)(6) amended by Acts 1995, 74th Leg.,
ch. 76, Sec. 5.95(108), eff. Sept. 1, 1995; Subsecs. (a), (b)
amended by Acts 2001, 77th Leg., ch. 1034, Sec. 3, eff. Sept. 1,
2001. Subsec. (a) amended by Acts 2005, 79th Leg., ch. 498, Sec. 1,
eff. Sept. 1, 2005.
Article: 55.01 55.02 55.03 55.04 55.05 55.06 56.01 56.02 56.03 56.04 56.045 56.05 56.06 56.07 56.08
Last modified: August 11, 2007
|
