Rights of Crime Victims
Terms
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- Art. 56.01 Definitions.
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1. Close relative of a deceased victim-spouse, parent, adult, sibling or child of victim.
2. Guardian of victim-the legal guardian of victim for whatever reason.
3. Victim-person who is victim of sexual assault, kidnapping, aggravated robbery or who has suffered bodily injury or death as a result of criminal conduct of another. - Art. 56.02 Crime Victims Rights
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1. Victim, guardian or close relative is entitled to:
a. receive protection for Law
enforcement agencies from harm
b. have their safety considered
when determing bail
c. the right, if requested, to be
informed;
1. of court proceedings
and if they have been
cancelled or
rescheduled and,
2. by an appellate court
prior to being made
public
d. to be informed when requested
by peace officer concerning
defendants right to bail and
court procedures
e. right to provide information
to probation office doing
pre-sentence investigation
f. right to receive information on
crime victims compensation act
g. right to be informed of parole
procedures and to participate
in parole boards
h. right to private waiting area
away from other witnesses and
relatives of offender
i. right to a prompt return of
property taken as evidence
j. right to have attorney contact
victims employer as to
necessity of their testimony
k. right to AIDS/HIV test if
victim of sexual assault
l. right to victim/offender
mediation
m. right to a victim impact
statement and to have statement
considered;
1. by D.A. before
sentencing of plea
agreement
2. by board of Pardons and
Parole
2. Victim, guardian or close relative is entitled to be present at all public court proceedings.
3. The D.A. or Law Enforcement agency shall ensure victim is afforded rights granted and explain them.
4. Judge, D.A., Peace Officer or agency is not liable for failure or inability to provide rights. This failure cannot be used by offender as grounds for appeal. - Art. 56.03 Victim Impact Statement
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1. Texas Crime Victim Clearinghouse will develop statement form and provide victims information booklet.
2. State will include victims rights and;
a. name of victim, guardian or
close relative
b. the address and phone number
where they can be contacted
c. state of economic loss
d. statement of physical and or
psychological injury
e. statement of psychological
services requested
f. statement of change of
personal welfare or family
relationship
g. statement on whether they wish
to be notified of further
actions
h. any other relevant information
other than facts of case
3. Victim assistance coordinator will send statement and explanation.
4. Person is responsible to notify of address and/or phone number changes.
5. Prior to sentencing, the court shall consider statement. Defendant has right to statement and can dispute allegations.
6. Court can't consider statement until found guilty, pleads guilty or defendant authorizes.
7. Statement is subject to discovery if it contains exculpatory material.
8. Statement and booklet are updated by December 1 of each odd numbered year.
9. If victim is child and defendant has custody or visitation rights, TDJC will notify court before release. - Art. 56.04 Victims assistance coordinator or crime victim liason.
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1. D.A.'s office will designate victim assistance coordinator.
2. Duty is to ensure victims receive their rights.
3. Each local Law Enforcement agency shall designate crime victim liason.
4. Duty is to ensure rights.
5. Victim assistance coordinator shall send impact statement to court and TDCJ if necessary. - Art. 56.045 Presence of advocate or representative during Forensic Medical Examination.
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1. Before conduction exam, the victim shall be offered advocate who has completed sexual assault training program.
2. The advocate may only provide;
a. counseling and other support
services
b. information regarding victims
rights
3. Advocate can't delay or impede screening or stabilization of an emergency medical condition.
4. Sexual assault program providing advocate pays for cost.
5. Hospital or staff that provides advocate is not subject to civil or criminal liablity.
6. If the victim is in prison, the prison must provide advocate. Advocate must be approved and be a;
a. psychologist
b. sociologist
c. chaplain
d. social worker
e. case manager
f. volunteer who has completed
sexual assault training program - Art. 56.05 Reports Required.
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1. Parole, Probation and Crime Victim Clearinghouse shall develp survey to determing number and type of people provided impact statements.
2. At designated intervals, the planning board may require agencies to report data. Must protect privacy of victims.
3. Crime Victims Clearinghouse shall develop and distribute standards for Law Enforcement Agencies. - Art. 56.05 Cost of Medical Examination.
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1. Law Enforcement Agency that request exam will pay for cost by may apply to the attorney generals office for reimbursement.
2. Law Enforcement Agency or D.A.'s office will pay cost of testimony of health care professional regarding results or how the test was performed.
3. Does not require agency to pay medical cost due to injuries. - Art. 56.07 Notification.
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1. At initial contact or soon after, Law Enforcement will provide victim written notice containing;
a. availability of emergency and
medical services
b. has right to information about
crime victims compensation
including;
1. the cost compensated,
eligibility and
procedures for applying
2. the payment of medical
exam for sexual assault
victims
3. referral to social
service agencies
c. the name, address and phone
number to agencies victim
assistance liason
d. the name, address and phone
numbers to D.A.'s victim
assistance coordinator
e. the following statement:
"You may call the Law
Enforcement agencies telephone
number for the status of the
case and information about
victims rights"
f. the rights of crime victims
2. The agency shall provide, if it possesses it, a referral to a sexual assault program. - Art. 56.08 Notification of Rights by Attorney Representing the State.
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1. No later than the 10th day after indictment, the D.A. shall provide written notice containing;
a. general statement of each stage
of process
b. rights and procedures
c. suggestions if threatened or
intimidated
d. right to receive information
regarding crime victims
compensation
e. name, address and phone number
of victims coordinator
f. case number and assigned court
g. right to file impact statement
h. right to appear before Parole
Board
2. D.A. will notify of any changes in court proceedings, if requested.
3. Victim must advise of new address and phone number to D.A. and Parole Board.
4. D.A. shall forward new address and phone number to probation office
5. Statement describing plea bargain stage and that;
a. impact statement will be
considered by D.A.
b. judge, before accepting plea
bargain, is required to ask
1. whether attorney received
impact statement
2. for a copy of statement - Art. 56.09 Victims Right to Privacy.
- As far as practible, the victims address may not be included in case file except to identify place of crime. Phone number may not be included.
- Art. 56.10 Victim's Discovery Attendance.
- Unless absolutley necessary, victims or witnesses may not be required to attend depositions in correctional facilities.
- Art. 56.11 Notification to Victim of Release or Escape of Defendant.
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1. TDCJ or the sheriff having custody of the defendant when they;
a. complete their sentence and is
released
b. escapes
2. TDCJ shall notify local Law Enforcement agency of release/escape.
3. Applies to persons convicted of crimes in a child safety zone or an offense of family violence, stalking or violating a protective order.
4. Victims responsibility to notify of new address and/or phone number.
5. Notice shall be given;
a. no later than 30th day before
release
b. immediately if escapes
6. An attempt at last known address is sufficient. - Art. 56.12 Notification of Escape of Transfer.
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1. TDCJ shall notify victim, guardian or close relative if;
a. escapes from facility
b. is transferred to custody of a
Peace Officer under a writ of
attachment or a bench warrant
2. Must notify change of address and/or phone number
3. When a Peace Officer takes custody of prisoner, must include name, address and phone number of the Peace Officer receiving them. When returned, they shall be notified. - Art. 56.13 Victim-Offender Mediation.
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Victim services division of TDCJ shall;
a. train volunteers to act as
mediators between victims and
offenders
b. provide mediation services if
requested - Art. 56.14 Clearinghouse Annual Conference.
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1. Clearinghouse may conduct conference to provide training on victims rights.
2. May charge fee for conference. -
Subchapter B: Crime Victims Compensation.
READ CHAPTER!!!!!!!!!! -
1. Act is under the Attorney Generals office.
2. Must file within 3 years of crime.
3. Law Enforcement agency has 14 days to forward all paperwork when requested.
4. May not exceed $50,000 in aggregate. May award additional $75,000 if extraordinary pecuniary losses.
5. Must report crime to be eligible.
6. Class B if suit is filed and attorney general is not reimbursed.
7. Disabled officers are entitled to compensation. Compensation equal to average of final 3 years as officer.
8. Civil penalty of $2500-$25,000 for false application.