Texas Family Code - Section 57.002. Victim's Rights
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§ 57.002. VICTIM'S RIGHTS. (a) A victim, guardian of a
victim, or close relative of a deceased victim is entitled to the
following rights within the juvenile 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 court or person appointed by
the court take the safety of the victim or the victim's family into
consideration as an element in determining whether the child should
be detained before the child's conduct is adjudicated;
(3) the right, if requested, to be informed of
relevant court proceedings, including appellate proceedings, and
to be informed in a timely manner if those court proceedings have
been canceled or rescheduled;
(4) the right to be informed, when requested, by the
court or a person appointed by the court concerning the procedures
in the juvenile justice system, including general procedures
relating to:
(A) the preliminary investigation and deferred
prosecution of a case; and
(B) the appeal of the case;
(5) the right to provide pertinent information to a
juvenile court conducting a disposition hearing concerning the
impact of the offense on the victim and the victim's family by
testimony, written statement, or any other manner before the court
renders its disposition;
(6) the right to receive information regarding
compensation to victims as provided by Subchapter B, Chapter 56,
Code of Criminal Procedure, 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 of
medical expenses under Section 56.06, Code of Criminal Procedure,
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
procedures for release under supervision or transfer of the person
to the custody of the pardons and paroles division of the Texas
Department of Criminal Justice for parole, to participate in the
release or transfer for parole process, to be notified, if
requested, of the person's release, escape, or transfer for parole
proceedings concerning the person, to provide to the Texas Youth
Commission for inclusion in the person's file information to be
considered by the commission before the release under supervision
or transfer for parole of the person, and to be notified, if
requested, of the person's release or transfer for parole;
(8) the right to be provided with a waiting area,
separate or secure from other witnesses, including the child
alleged to have committed the conduct and relatives of the child,
before testifying in any proceeding concerning the child, or, if a
separate waiting area is not available, other safeguards should be
taken to minimize the victim's contact with the child and the
child'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 be present at all public court
proceedings related to the conduct of the child as provided by
Section 54.08, subject to that section; and
(12) any other right appropriate to the victim that a
victim of criminal conduct has under Article 56.02, Code of
Criminal Procedure.
(b) In notifying a victim of the release or escape of a
person, the Texas Youth Commission shall use the same procedure
established for the notification of the release or escape of an
adult offender under Article 56.11, Code of Criminal Procedure.
Added by Acts 1989, 71st Leg., ch. 633, § 1, eff. June 14, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(110), eff. Sept.
1, 1995; Acts 1995, 74th Leg., ch. 262, § 50, eff. Jan. 1, 1996;
Acts 2001, 77th Leg., ch. 1034, § 8, eff. Sept. 1, 2001.
Section: 55.59 55.60 55.61 56.01 56.02 56.03 57.001 57.002 57.003 57.0031 57.004 57.005 57.006 57.007 57.008
Last modified: August 11, 2007
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