Texas Code of Criminal Procedure - Article 56.08. Notification Of Rights By Attorney Representing The State
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Art. 56.08. NOTIFICATION OF RIGHTS BY ATTORNEY REPRESENTING
THE STATE. (a) Not later than the 10th day after the date that an
indictment or information is returned against a defendant for an
offense, the attorney representing the state shall give to each
victim of the offense a written notice containing:
(1) a brief general statement of each procedural stage in
the processing of a criminal case, including bail, plea bargaining,
parole restitution, and appeal;
(2) notification of the rights and procedures under this
chapter;
(3) suggested steps the victim may take if the victim is
subjected to threats or intimidation;
(4) notification of the right to receive information
regarding compensation to victims of crime as provided by
Subchapter B of this chapter, including information about:
(A) the costs that may be compensated under Subchapter B of
this chapter, eligibility for compensation, and procedures for
application for compensation under Subchapter B of this chapter;
(B) the payment for a medical examination for a victim of a
sexual assault under Article 56.06 of this code; and
(C) referral to available social service agencies that may
offer additional assistance;
(5) the name, address, and phone number of the local victim
assistance coordinator;
(6) the case number and assigned court for the case;
(7) the right to file a victim impact statement with the
office of the attorney representing the state and the pardons and
paroles division of the Texas Department of Criminal Justice; and
(8) notification of the right of a victim, guardian of a
victim, or close relative of a deceased victim, as defined by
Section 508.117, Government Code, to appear in person before a
member of the Board of Pardons and Paroles as provided by Section
508.153, Government Code.
(b) If requested by the victim, the attorney representing
the state, as far as reasonably practical, shall give to the victim
notice of any scheduled court proceedings, changes in that
schedule, the filing of a request for continuance of a trial
setting, and any plea agreements to be presented to the court.
(c) A victim who receives a notice under Subsection (a) of
this article and who chooses to receive other notice under law about
the same case must keep the following persons informed of the
victim's current address and phone number:
(1) the attorney representing the state; and
(2) the pardons and paroles division of the Texas Department
of Criminal Justice if after sentencing the defendant is confined
in the institutional division.
(d) An attorney representing the state who receives
information concerning a victim's current address and phone number
shall immediately provide that information to the community
supervision and corrections department supervising the defendant,
if the defendant is placed on community supervision.
(e) The brief general statement describing the plea
bargaining stage in a criminal trial required by Subsection (a)(1)
shall include a statement that:
(1) the victim impact statement provided by the victim,
guardian of a victim, or close relative of a deceased victim will be
considered by the attorney representing the state in entering into
the plea bargain agreement; and
(2) the judge before accepting the plea bargain is required
under Section 26.13(e) to ask:
(A) whether a victim impact statement has been returned to
the attorney; and
(B) if a statement has been returned, for a copy of the
statement.
Added by Acts 1991, 72nd Leg., ch. 202, Sec. 5, eff. Sept. 1, 1991.
Subsec. (a) amended by Acts 1995, 74th Leg., ch. 253, Sec. 2, eff.
Sept. 1, 1995; Subsec. (a)(4) amended by Acts 1995, 74th Leg., ch.
76, Sec. 5.95(108), eff. Sept. 1, 1995; Subsec. (d) added by Acts
1995, 74th Leg., ch. 252, Sec. 2, eff. Sept. 1, 1995; Subsec. (a)
amended by Acts 1997, 75th Leg., ch. 165, Sec. 12.04, eff. Sept. 1,
1997; Subsec. (e) added by Acts 2001, 77th Leg., ch. 1034, Sec. 5,
eff. Sept. 1, 2001.
Article: 56.02 56.03 56.04 56.045 56.05 56.06 56.07 56.08 56.09 56.10 56.11 56.12 56.13 56.14 56.31
Last modified: August 11, 2007
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