Texas Code Of Criminal Procedure Title 1, Chapter 56 - Rights Of Crime Victims

SUBCHAPTER A CRIME VICTIMS' RIGHTS

• Texas Article 56.01 - Definitions
  In this chapter: (1) "Close relative of a deceased victim" means a person who was the spouse of a deceased victim at the time of...
• Texas 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...
• Texas Article 56.021 - Rights Of Victim Of Sexual Assault Or Abuse, Stalking, Or Trafficking
  (a) In addition to the rights enumerated in Article 56.02, if the offense is a sexual assault, the victim, guardian of a victim, or close...
• Texas Article 56.03 - Victim Impact Statement
  (a) The Texas Crime Victim Clearinghouse, with the participation of the community justice assistance division of the Texas Department of Criminal Justice and the Board...
• Texas Article 56.04 - Victim Assistance Coordinator; Crime Victim Liaison
  (a) The district attorney, criminal district attorney, or county attorney who prosecutes criminal cases shall designate a person to serve as victim assistance coordinator in...
• Texas Article 56.045 - Presence Of Advocate Or Representative During Forensic Medical Examination
  (a) Before conducting a forensic medical examination of a person who consents to such an examination for the collection of evidence for an alleged sexual...
• Texas Article 56.05 - Reports Required
  (a) The Board of Pardons and Paroles, the community justice assistance division of the Texas Department of Criminal Justice, and the Texas Crime Victim Clearinghouse,...
• Texas Article 56.06 - Forensic Medical Examination For Sexual Assault Victim Who Has Reported Assault; Costs
  (a) If a sexual assault is reported to a law enforcement agency within 96 hours of the assault, the law enforcement agency, with the consent...
• Texas Article 56.065 - Medical Examination For Sexual Assault Victim Who Has Not Reported Assault; Costs
  (a) In this article: (1) "Crime laboratory" has the meaning assigned by Article 38.35. (2) "Department" means the Department of Public Safety. (3) "Sexual assault...
• Texas Article 56.07 - Notification
  (a) At the initial contact or at the earliest possible time after the initial contact between the victim of a reported crime and the law...
• Texas Article 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...
• Texas Article 56.09 - Victim's Right To Privacy
  As far as reasonably practical, the address of the victim may not be a part of the court file except as necessary to identify the...
• Texas Article 56.10 - Victim's Discovery Attendance
  Unless absolutely necessary, victims or witnesses who are not incarcerated may not be required to attend depositions in a correctional facility. Added by Acts 1991,...
• Texas Article 56.11 - Notification To Victim Or Witness Of Release Or Escape Of Defendant
  (a) The Texas Department of Criminal Justice or the sheriff, whichever has custody of the defendant in the case of a felony, or the sheriff...
• Texas Article 56.12 - Notification Of Escape Or Transfer
  (a) The Texas Department of Criminal Justice shall immediately notify the victim of an offense, the victim's guardian, or the victim's close relative, if the...
• Texas Article 56.13 - Victim-offender Mediation
  The victim services division of the Texas Department of Criminal Justice shall: (1) train volunteers to act as mediators between victims, guardians of victims, and...
• Texas Article 56.14 - Clearinghouse Annual Conference
  (a) The Texas Crime Victim Clearinghouse may conduct an annual conference to provide to participants in the criminal justice system training containing information on crime...

SUBCHAPTER B CRIME VICTIMS' COMPENSATION

• Texas Article 56.15 - Computerized Database; Defendant Release Information
  The Texas Department of Criminal Justice shall: (1) create and maintain a computerized database containing the release information and release date of a defendant described...
• Texas Article 56.31 - Short Title
  This subchapter may be cited as the Crime Victims' Compensation Act. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993....
• Texas Article 56.311 - Legislative Findings And Intent
  The legislature recognizes that many innocent individuals suffer personal injury or death as a result of criminal acts. Crime victims and persons who intervene to...
• Texas Article 56.32 - Definitions
  (a) In this subchapter: (1) "Child" means an individual younger than 18 years of age who: (A) is not married; or (B) has not had...
• Texas Article 56.33 - Administration; Rules
  (a) The attorney general shall adopt rules consistent with this subchapter governing its administration, including rules relating to the method of filing claims and the...
• Texas Article 56.34 - Compensation
  (a) The attorney general shall award compensation for pecuniary loss arising from criminally injurious conduct if the attorney general is satisfied by a preponderance of...
• Texas Article 56.35 - Types Of Assistance
  If the attorney general approves an application for compensation under Article 56.41, the attorney general shall determine what type of state assistance will best aid...
• Texas Article 56.36 - Application
  (a) An applicant for compensation under this subchapter must apply in writing on a form prescribed by the attorney general. (b) An application must be...
• Texas Article 56.37 - Time For Filing
  (a) Except as otherwise provided by this article, a claimant or victim must file an application not later than three years from the date of...
• Texas Article 56.38 - Review; Verification
  (a) The attorney general shall appoint a clerk to review each application for compensation under Article 56.36 to ensure the application is complete. If an...
• Texas Article 56.385 - Review Of Health Care Services
  (a) The attorney general may review the actual or proposed health care services for which a claimant or victim seeks compensation in an application filed...
• Texas Article 56.39 - Mental Or Physical Examination; Autopsy
  (a) An order for a mental or physical examination or an autopsy as provided by Article 56.38(c)(2) may be made for good cause shown on...
• Texas Article 56.40 - Hearings
  (a) The attorney general shall determine whether a hearing on an application for compensation under this subchapter is necessary. (b) If the attorney general determines...
• Texas Article 56.41 - Approval Of Claim
  (a) The attorney general shall approve an application for compensation under this subchapter if the attorney general finds by a preponderance of the evidence that...
• Texas Article 56.42 - Limits On Compensation
  (a) Except as otherwise provided by this article, awards payable to a victim and all other claimants sustaining pecuniary loss because of injury or death...
• Texas Article 56.43 - Attorney Fees
  (a) As part of an order, the attorney general shall determine and award reasonable attorney's fees, commensurate with legal services rendered, to be paid by...
• Texas Article 56.44 - Payments
  (a) The attorney general may provide for the payment of an award in a lump sum or in installments. The attorney general shall provide that...
• Texas Article 56.45 - Denial Or Reduction Of Award
  (a) The attorney general may deny or reduce an award otherwise payable: (1) if the claimant or victim has not substantially cooperated with an appropriate...
• Texas Article 56.46 - Reporting Of Crime
  (a) Except as otherwise provided by this article, a claimant or victim may not file an application unless the victim reports the criminally injurious conduct...
• Texas Article 56.47 - Reconsideration
  (a) The attorney general, on the attorney general's own motion or on request of a claimant or victim, may reconsider: (1) a decision to make...
• Texas Article 56.48 - Judicial Review
  (a) Not later than the 40th day after the attorney general renders a final decision, a claimant or victim may file with the attorney general...
• Texas Article 56.49 - Exemption; Assignability
  (a) An award is not subject to execution, attachment, garnishment, or other process, except that an award is not exempt from a claim of a...
• Texas Article 56.50 - Emergency Award
  (a) The attorney general may make an emergency award if, before acting on an application for compensation under this subchapter, it appears likely that: (1)...
• Texas Article 56.51 - Subrogation
  If compensation is awarded under this subchapter, the state is subrogated to all the claimant's or victim's rights to receive or recover benefits for pecuniary...
• Texas Article 56.52 - Notice Of Private Action
  (a) Before a claimant or victim may bring an action to recover damages related to criminally injurious conduct for which compensation under this subchapter is...
• Texas Article 56.53 - Annual Report
  Annually, the attorney general shall report to the governor and the legislature on the attorney general's activities, including a statistical summary of claims and awards...
• Texas Article 56.54 - Funds
  (a) The compensation to victims of crime fund and the compensation to victims of crime auxiliary fund are in the state treasury. (b) Except as...
• Texas Article 56.541 - Appropriation Of Excess Money For Other Crime Victim Assistance
  (a) Not later than December 15 of each even-numbered year, the attorney general, after consulting with the comptroller, shall prepare forecasts and certify estimates of:...
• Texas Article 56.542 - Payments For Certain Disabled Peace Officers
  (a) In this article, "peace officer": (1) means an individual elected, appointed, or employed to serve as a peace officer for a governmental entity under...
• Texas Article 56.58 - Adjustment Of Awards And Payments
  (a) The attorney general shall establish a policy to adjust awards and payments so that the total amount of awards granted in each calendar year...
• Texas Article 56.60 - Public Notice
  (a) A hospital licensed under the laws of this state shall display prominently in its emergency room posters giving notification of the existence and general...
• Texas Article 56.61 - Compensation For Certain Criminally Injurious Conduct Prohibited; Exception
  (a) Except as provided by Subsection (b), the attorney general may not award compensation for pecuniary loss arising from criminally injurious conduct that occurred before...
• Texas Article 56.62 - Public Letter Of Reprimand
  (a) The attorney general may issue a letter of reprimand against an individual if the attorney general finds that the person has filed or has...
• Texas Article 56.63 - Civil Penalty
  (a) A person is subject to a civil penalty of not less than $2,500 or more than $25,000 for each application for compensation that: (1)...

SUBCHAPTER C ADDRESS CONFIDENTIALITY PROGRAM FOR VICTIMS OF FAMILY VIOLENCE, SEXUAL ASSAULT, OR STALKING

• Texas Article 56.64 - Administrative Penalty
  (a) A person who presents to the attorney general under this subchapter, or engages in conduct that results in the presentation to the attorney general...
• Texas Article 56.81 - Definitions
  In this subchapter: (1) "Applicant" means a person who applies to participate in the program. (2) "Family violence" has the meaning assigned by Section 71.004,...
• Texas Article 56.82 - Address Confidentiality Program
  (a) The attorney general shall establish an address confidentiality program, as provided by this subchapter, to assist a victim of family violence, trafficking of persons,...
• Texas Article 56.83 - Eligibility To Participate In Program
  (a) To be eligible to participate in the program, an applicant must: (1) meet with a victim's assistance counselor from a state or local agency...
• Texas Article 56.84 - Certification; Expiration
  (a) The attorney general shall certify for participation in the program an applicant who satisfies the eligibility requirements under Article 56.83. (b) A certification under...
• Texas Article 56.85 - Renewal
  To renew a certification under Article 56.84, a participant must satisfy the eligibility requirements under Article 56.83 as if the participant were originally applying for...
• Texas Article 56.86 - Ineligibility And Cancellation
  (a) An applicant is ineligible for, and a participant may be excluded from, participation in the program if the applicant or participant knowingly makes a...
• Texas Article 56.87 - Withdrawal
  A participant may withdraw from the program by notifying the attorney general in writing of the withdrawal. Added by Acts 2007, 80th Leg., R.S., Ch....
• Texas Article 56.88 - Confidentiality; Destruction Of Information
  (a) Information relating to a participant: (1) is confidential, except as provided by Article 56.90; and (2) may not be disclosed under Chapter 552, Government...
• Texas Article 56.89 - Acceptance Of Substitute Address; Exemptions
  (a) Except as provided by Subsection (b), a state or local agency must accept the substitute post office box address designated by the attorney general...
• Texas Article 56.90 - Exceptions
  (a) The attorney general: (1) shall disclose a participant's true residential, business, or school address if: (A) requested by: (i) a law enforcement agency; (ii)...
• Texas Article 56.91 - Liability
  (a) The attorney general or an agent or employee of the attorney general is immune from liability for any act or omission by the agent...
• Texas Article 56.92 - Program Information And Application Materials
  The attorney general shall make program information and application materials available online. Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 1,...
• Texas Article 56.93 - Rules
  The attorney general shall adopt rules to administer the program. Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 1, eff. June...

Last modified: September 28, 2016