Crime Victim's Rights
Victims of crime have several rights under Texas law. These rights include the right to be treated with fairness and respect for dignity and privacy, the right to be reasonably protected from the accused, the right to receive information about the criminal justice process and notifications of court proceedings, the right to participate and be heard in the criminal justice system, and the right to seek financial remedies.
To exercise these rights, victims must contact their local law enforcement agency, district or county attorney’s office, probation office, prison system, or parole office, depending on where the case is within the system, to speak with a crime victim services provider to discuss and request, if applicable, their rights and available services. To ensure you receive all relevant notifications and information related to your rights, it is important to provide the victim services professional with your current address, phone number, and email, and let them know if your contact information changes.
If you have any questions regarding these rights or how to exercise them, please contact the Texas Department of Public Safety Victim Services Provider in your area or call 512-424-2211.
The following provides a general overview of the rights outlined in the Texas Constitution Article 1, § 30, Crime Victims’ Bill of Rights, the Texas Code of Criminal Procedure Chapter 56A, Rights of Crime Victims, and the Texas Family Code Chapter 57, Rights of Victims of juvenile offenders.
A video explanation of these rights and an overview of the criminal justice system can be found at: Texas Crime Victims' Rights videos (TDCJ)
Texas Constitution
Art. 1. Bill of Rights
Sec. 30. Rights of Crime Victims
If you are a victim of a crime, you are entitled to the following rights within the criminal justice system.
(1) The right to be treated fairly and with respect for your dignity and privacy throughout the criminal justice process.
(2) The right to be kept safe, through reasonable means, from the person accused of the crime throughout the criminal justice process.
If you request, you have:
(1) The right to receive notifications of court proceedings.
(2) The right to attend any public court hearings related to the crime, unless you are scheduled to testify and the court determines that your testimony would be impacted by hearing what other witnesses say at the trial.
(3) The right to speak with someone from the prosecutor’s office (the lawyer handling the case for the State).
(4) The right to seek restitution/compensation (financial reimbursement for costs accrued due to the crime).
(5) The right to receive information about the conviction, sentence, imprisonment, and release of the offender.
The legislature may pass laws that define the term "victim" and enforce the rights of crime victims.
The state, through its prosecuting attorney, has the ability to enforce the rights of crime victims.
The legislature may pass laws to protect a judge, prosecutor, police officer, or law enforcement agency from liability for a failure or inability to provide a victim with one of the rights mentioned above. The failure or inability of any person to provide a right or service mentioned above may not be used by an offender in a criminal case as grounds for an appeal.
A victim, guardian, or legal representative of a victim can ask the court to make sure their rights are respected, but they do not have the ability to participate as a party in a criminal proceeding or challenge the outcome of the charges.
Texas Code of Criminal Procedure
Ch. 56A. Rights of Crime Victims
Subch. A. General Provisions
The Rights of Crime Victims under the Texas Code of Criminal Procedure Chapter 56A applies to victims, the guardian of a victim, or a close relative of a deceased victim, whose crime was committed by an adult offender.
Art. 56A.001. Definitions
Except as otherwise provided by Chapter 56A. Rights of Crime Victims, the following definitions have the meanings outlined below. This is not an all-inclusive list of the definitions provided in Chapter 56A.
(3) "Close relative of a deceased victim" means a person who: (A) was the spouse of a deceased victim at the time of the victim's death; or (B) is a parent or adult brother, sister, or child of a deceased victim.
(4-a) "Family violence" means an offense under the following provisions of the Penal Code if the offense is committed against a person whose relationship to or association with the offender is described by § 71.0021(b) - current or former dating relationship, § 71.003 - family relationship, or § 71.005 - household relationship, Family Code: § 21.02 - Continuous Sexual Abuse of Young Child or Disabled Individual; § 21.11(a)(1) - Indecency with a Child; § 22.01 - Assault; § 22.011 - Sexual Assault; § 22.02 - Aggravated Assault; § 22.021 - Aggravated Sexual Assault; § 22.04 - Injury to a Child, Elderly Individual, or Disabled Individual; and § 25.11 - Continuous Violence Against the Family.
(5) "Guardian of a victim" means a person who is the legal guardian of the victim, regardless of whether the legal relationship between the guardian and victim exists because of the age of the victim or the physical or mental incompetency of the victim.
(6) "Sexual assault" means an offense under the following provisions of the Penal Code: § 21.02 - Continuous Sexual Abuse of Young Child or Disabled Individual; § 21.11(a)(1) - Indecency with a Child; § 22.011 - Sexual Assault; or § 22.021 - Aggravated Sexual Assault.
(7) "Victim" means a person who:
(A) is the victim of the offense of: sexual assault; kidnapping; aggravated robbery; trafficking of persons; injury to a child, elderly individual, or disabled individual; family violence; or stalking;
(B) has suffered personal injury or death as a result of the criminal conduct of another; or
(C) is the victim of an offense committed under § 25.07 - Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case, § 25.071 - Violation of Protective Order Preventing Offense Caused by Bias or Prejudice, or § 25.072 - Repeated Violation of Certain Court Orders or Conditions of Bond in Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case, Penal Code, if a violation that is an element of the offense occurred through the commission of an assault, aggravated assault, or sexual assault or the offense of stalking, regardless of whether that violation occurred with respect to a person whose relationship to or association with the offender is described by § 71.0021(b) - current or former dating relationship, § 71.003 - family relationship, or § 71.005 - household relationship, Family Code.
Subch. B. Crime Victims' Rights
The following rights under the Texas Code of Criminal Procedure Article 56A.051 apply to victims, the guardian of a victim, or a close relative of a deceased victim, who experienced a crime of sexual assault, kidnapping, aggravated robbery, human trafficking, injury to a child, elderly person, or disabled person, family violence, or stalking. This includes anyone who has been physically injured or killed because of a crime someone else committed, as well as people harmed by certain protective order or bond condition violations, when those violations involved violence or sexual assault.
Art. 56A.051. General Rights
If you are the victim, guardian of a victim, or a close relative of a deceased victim of any of the above crimes committed by an adult offender, you are entitled to the following rights within the criminal justice system.
(1) You have the right to receive adequate law enforcement protection from harm or threats resulting from your cooperation with prosecution efforts.
(2) You have the right to have the magistrate consider your safety (or the safety of the victim’s family) when setting the amount of bail for the person accused of the crime.
(3) If requested, you have the right to be informed by the prosecutor of any upcoming court dates, cancellations, or resets at least five days before the scheduled hearing, or as soon as possible; and to be informed of any appellate court decisions.
(4) If requested, you have the right to be informed by the law enforcement agency of the offender's right to bail and about criminal investigation procedures (the rules, process, and steps involved); to be informed by the prosecutor’s office about the procedures in the criminal prosecution process and the justice system, including how plea negotiations and arraignment, restitution, the appeals process, and parole works; and to be informed whether the person accused of the crime has complied with any conditions set in their bail.
(5) You have the right to provide an agency conducting a presentencing investigation (community supervision and corrections department) with relevant information about how the crime has impacted you and your family (emotionally, financially, physically, etc.) by testimony, written statement, or any other manner before the judge decides the offender’s sentence.
(6) You have the right to receive information about the Crime Victims’ Compensation program, including what expenses or costs can be covered (medical bills, counseling, lost wages, etc.), how much money might be available for compensation or reimbursement, eligibility requirements, and how to apply. Victims of sexual assault also have the right to receive information about payment for a forensic medical exam and coverage for any ongoing medical care related to the assault that is provided within 30 days after the exam; and, if requested, the right to be referred to available social service agencies that can offer additional help or support (counseling, shelter, advocacy, etc.).
(7) If requested, you have the right to be informed about parole procedures (the rules, process, and steps involved); to be notified of any upcoming parole hearings concerning the offender; and to be notified of the offender's release on parole, including the county where the offender will live, and any non-confidential (public) conditions of parole, such as if the offender is not allowed to go near your home or place of work or is required to complete a battering intervention and prevention program (for family violence cases), as well as to be notified if the offender is charged with a new crime while on parole, if a warrant is issued for the offender’s arrest, or if the offender’s parole is revoked. You also have the right to provide information to the Board of Pardons and Paroles to be considered before deciding whether to grant parole; and to participate in the parole process, including attending parole hearings and submitting protest materials.
(8) You have the right to be provided with a safe and separate waiting area before and during court proceedings that is away from the person accused of the crime, their family, and other witnesses. If a separate waiting area is not available, other safeguards should be taken to minimize your contact with the offender and the offender's relatives and witnesses.
(9) You have the right to the prompt return of any of your property that is held by a law enforcement agency or the prosecutor as evidence, but only when that property is no longer required as evidence.
(10) If requested, you have the right to have the prosecutor notify your employer that your cooperation and testimony are necessary in a court proceeding that may require you to be absent from work.
(11) You have the right to request victim-offender mediation coordinated by the victim services division of the Texas Department of Criminal Justice.
(12) You have 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 a victim impact statement, and to have your victim impact statement considered by the prosecutor and the judge before sentencing or before a plea agreement is accepted; and to have your victim impact statement considered by the Board of Pardons and Paroles before the offender is released on parole.
1 (13) For a victim of sexual assault or a victim of assault who is younger than 17 years of age or whose case involves family violence, you have the right to have the court consider how a continuance (postponement of a scheduled trial, hearing, or court appearance) requested by the offender will impact you. If the continuance is requested by the prosecutor or by the offender's attorney, the court must state the reason for granting or denying the continuance.
2 (13) For a victim of an assault, aggravated assault, or sexual assault who is younger than 17 years of age or whose case involves family violence, you have the right to have the court consider how a continuance (postponement of a scheduled trial, hearing, or court appearance) requested by the offender will impact you. If the continuance is requested by the prosecutor or by the offender's attorney, the court must state the reason for granting or denying the continuance.
(14) If the offense is a capital felony (punishable by the death penalty) and if the court has approved costs for a defense-initiated victim outreach specialist, you have the right to receive a written explanation of defense-initiated victim outreach by mail from the court and not be contacted by the victim outreach specialist unless you (or the victim’s guardian or a close relative of a deceased victim) provides a written notice to the court consenting to the contact. You also have the right to designate a victim service provider to receive all communications from a victim outreach specialist acting on behalf of any person.
You have the right to be present at all public court proceedings related to the crime, given that the judge in the case provides approval.
The office of the attorney representing the state (the prosecutor’s office), and the sheriff, police, or other law enforcement agency must ensure, to the extent possible, that you are provided the rights granted by Chapter 56A. Rights of Crime Victims, and that you receive an explanation of these rights if you request to receive that information.
You may designate an advocate who can obtain information regarding parole proceedings and the offender’s release on parole (see section (7) above) on your behalf.
Art. 56A.052. Additional Rights of Victims of Certain Sexual, Trafficking, or Burglary Offenses
The following rights under the Texas Code of Criminal Procedure Article 56A.052 apply to victims, the guardian of a victim, or a close relative of a deceased victim, who experienced a crime of continuous sexual abuse of a young child or disabled individual, indecency with a child, sexual assault, indecent assault, aggravated sexual assault, stalking, trafficking of persons, continuous trafficking of persons, compelling prostitution, or certain burglary offenses. For the following rights to apply to victims of burglary crimes, the unlawful entry (break-in) must have occurred at a place of residence (apartment or home), or if anyone who participated in the burglary did so with the intention of committing another serious crime, other than theft.
If you are the victim, guardian of a victim, or a close relative of a deceased victim of any of the above crimes committed by an adult offender, you are entitled to the following rights within the criminal justice system.
(1) You have the right to ask for and receive information about any evidence collected during the investigation of the crime and the status of any tests being done on that evidence. However, if sharing this information would hinder the investigation or court case, you will be informed about when you can expect to receive that information.
(2) You have the right to ask for and receive notice when evidence from the investigation is sent to a crime lab for testing, when that evidence is compared in the DNA database, and of the results of that comparison. However, if sharing the results of a comparison would hinder the investigation or court case, you will be informed about when you can expect to receive that information.
(3) You have the right to ask for and receive counseling about acquired immunodeficiency syndrome (AIDS) and human immunodeficiency virus (HIV) infection.
(4) You have the right to speak with the attorney representing the state (the prosecutor) and share your thoughts or concerns about the outcome of the case. You also have the right to ask for and receive information about case-related decisions, such as not filing charges, dismissing charges, using a pretrial intervention program, or making a plea bargain agreement.
(5) Victims who experienced an eligible crime, such as sexual assault, have the right to be tested for HIV/AIDS and related conditions, receive a forensic medical exam, and obtain ongoing medical care related to the assault that is provided within 30 days after the exam.
3 If you are a victim, guardian, or close relative of a deceased victim and want to receive notifications or information about your rights under section (2) above, give your current address and phone number to the investigating law enforcement agency and the prosecuting attorney, and let them know if your contact information changes. If you prefer email notifications, provide your email address to the investigating agency and prosecutor and update them if it changes.
4 If you are a victim, guardian, or close relative of a deceased victim and want to receive notifications or information about your rights under sections (1), (2), and (4) above, give your current address and phone number to the investigating law enforcement agency and the prosecuting attorney, and let them know if your contact information changes.
You can choose to have another person, including an organization that offers services to victims of the crimes mentioned above, receive any notice concerning a request to process and analyze collected evidence on your behalf. This designated person cannot be the individual charged with the crime.
If you are the victim of one of the crimes mentioned above, or the parent or guardian of a victim who is under 18 or an adult dependent, you have the right to be informed that you can ask the court for a protective order to help keep you safe, and which court you can go to for a protective order. You have the right to ask the prosecuting attorney to file the protective order for you and be notified when the prosecutor files for that protective order on your behalf. If the person who committed the crime is found guilty or put on probation, the prosecutor is usually required to file a protective order on your behalf. If you are in court when the person who committed the crime is found guilty or put on probation, you have the right to receive this information from the court and ask for a protective order right away. If you are not in court when the person is found guilty or put on probation, you have the right to have the prosecutor provide you with this information.
Victims of trafficking, continuous trafficking, and compelling prostitution may have the right to ask the court to seal their criminal record if the victim was convicted of a crime or received deferred adjudication (a form of probation) for certain misdemeanor crimes they committed because of their victimization.
A Texas Department of Public Safety Victim Services Professional is available to provide you with more information about these additional rights if they apply to you.
Art. 56A.0521. Additional Rights of Victims of Certain Family Violence Offenses, Stalking, and Violation of Protective Order or Condition of Bond
The following rights under the Texas Code of Criminal Procedure Article 56A.0521 apply to victims, the guardian of a victim, or a close relative of a deceased victim, who experienced a crime of family violence, dating violence, stalking, or certain violations of a protective order or bond condition. For the following rights to apply to victims of protective order or bond condition violations, the court order must be related to family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking, and the violation must have involved an offense of assault, sexual assault, or stalking. If you are a victim, a victim’s guardian, or a close relative of a deceased victim who experienced a sexual assault, indecency with a child, sexual abuse of a child or disabled person, assault, or injury to a child, elderly, or disabled person committed by a family member, current or former dating partner, or household member you are also entitled to the following rights under the law.
If you are the victim, guardian of a victim, or a close relative of a deceased victim of any of the above crimes committed by an adult offender, you are entitled to the following rights within the criminal justice system.
(1) You have the right to ask for and receive information about any evidence collected during the investigation of the crime and the current status of any tests being done on that evidence. However, if sharing this information would hinder the investigation or court case, you will be informed about when you can expect to receive that information.
(2) You have the right to ask for and receive notice when evidence from the investigation is sent to a crime lab for testing.
(3) You have the right to speak with the attorney representing the state (the prosecutor) and share your thoughts or concerns about the outcome of the case. You also have the right to ask for and receive information about case-related decisions, such as not filing charges, dismissing charges, using a pretrial intervention program, or making a plea bargain agreement.
(4) You have the right to be informed that the prosecutor does not represent you, the victim, the guardian of the victim, or the close relative of a deceased victim.
(5) If you are a victim of stalking (or the parent or guardian of a victim who is under 18 or is an adult dependent), you have the right to know that you can apply for a protective order and where to apply. You may file the application yourself or ask the prosecutor to do it for you. If the stalker is found guilty or put on probation, the prosecutor usually must apply for a protective order for you. You also have the right to be notified when the prosecutor files for a protective order on your behalf. If you are present in court when the stalker is found guilty or put on probation, the court must give you this information and let you file for a protective order right away. If you are not present, the prosecutor must provide you with the information.
If you are a victim, guardian, or close relative of a deceased victim and want to receive notifications or information about these rights, you need to: 1) give your current address and phone number to the investigating law enforcement agency and the prosecuting attorney; 2) let them know if your contact information changes; and 3) if you prefer email notifications, provide your email address to the investigating agency and prosecutor and update them if it changes.
You can choose to have another person, including an organization that offers services to victims of the crimes mentioned above, receive any notice concerning a request to process and analyze collected evidence on your behalf. This designated person cannot be the individual charged with the crime.
Victims of sexual offenses may also be entitled to additional rights under Article 56A.052, Additional Rights of Victims of Certain Sexual, Trafficking, or Burglary Offenses.
A Texas Department of Public Safety Victim Services Professional is available to provide you with more information about these additional rights if they apply to you.
Art. 56A.0525. Authorized Form of Notifications
If a judge, prosecutor, police officer, or law enforcement agency needs to give information or updates to a guardian of a victim, or close relative of a deceased victim, they may do so in the following ways: (1) electronically, including by text message, videoconference, or email; (2) by mail; (3) through an anonymous online website or portal; or (4) by calling the person on the phone or by talking to them directly.
Art. 56A.053. Failure to Provide Right or Service
A judge, prosecutor, police officer, or law enforcement agency cannot be held legally responsible for a failure or inability to provide a right detailed in Chapter 56A. Rights of Crime Victims, Subchapter B. Crime Victims’ Rights. The failure or inability of any person to provide a right or service may not be used by a defendant in a criminal case as a reason for an appeal, a basis to set aside the conviction or sentence, or as grounds to challenge the legality of a court sentence.
Art. 56A.0531. Assertion of Rights
As a victim, guardian of a victim, or close relative of a deceased victim, you may insist that your rights be granted to you. You may assert your Crime Victims’ Rights verbally or in writing, individually or through an attorney.
Art. 56A.054. Standing
A victim, guardian of a victim, or close relative of a deceased victim does not have standing to: (1) participate as a party in a criminal proceeding; or (2) contest the disposition of any charge.
Texas Family Code
Title 3. Juvenile Justice Code
Ch. 57. Rights of Victims
The Rights of Victims under the Texas Family Code Chapter 57 applies to victims, the guardian of a victim, or a close relative of a deceased victim, whose crime was committed by a juvenile offender.
Sec. 57.001. Definitions
(1) "Close relative of a deceased victim" means a person who was the spouse of a deceased victim at the time of the victim's death or who is a parent or adult brother, sister, or child of the deceased victim.
(2) "Guardian of a victim" means a person who is the legal guardian of the victim, whether or not the legal relationship between the guardian and victim exists because of the age of the victim or the physical or mental incompetency of the victim.
(3) "Victim" means a person who as the result of the delinquent conduct of a child suffers a pecuniary loss or personal injury or harm.
Sec. 57.002. Victim's Rights
If you are the victim, guardian of a victim, or a close relative of a deceased victim of delinquent conduct committed by a juvenile offender that results in financial loss, personal injury, or personal harm, you are entitled to the following rights within the juvenile justice system.
(1) You have the right to receive adequate law enforcement protection from harm or threats resulting from your cooperation with prosecution efforts.
(2) You have the right to have the court, or a person chosen by the court, consider your safety (or the safety of the victim’s family) before deciding whether the child accused of the delinquent conduct should be kept in custody while waiting for the court’s final decision regarding the case.
(3) If requested, you have the right to be informed of any relevant court proceedings, cancellations, or resets as soon as possible, including appellate proceedings.
(4) If requested, you have the right to be informed by the court, or a person chosen by the court, about procedures (the rules, process, and steps involved) in the juvenile justice system related to preliminary investigations, deferred prosecution, and any appeal of the case.
(5) You have the right to provide relevant information about how the crime has impacted you and your family (emotionally, financially, physically, etc.) by testimony, written statement, or any other manner before the juvenile court makes a final decision regarding the case.
(6) You have the right to receive information about the Crime Victims’ Compensation program, including what expenses or costs can be covered (medical bills, counseling, lost wages, etc.), how much money might be available for compensation or reimbursement, eligibility requirements, and how to apply. Victims of sexual assault also have the right to receive information about payment for a forensic medical exam and coverage for any ongoing medical care related to the assault that is provided within 30 days after the exam; and, if requested, the right to be referred to available social service agencies that can offer additional help or support (counseling, shelter, advocacy, etc.).
(7) If requested, you have the right to be informed about how the process works if the offender is going to be released under supervision or transferred to an adult prison for parole; and to be notified if the offender is released, transferred, escapes, or has a parole hearing. You also have the right to participate in the process where a decision is made about the offender’s release or transfer for parole; and to provide information to the Texas Juvenile Justice Department to be considered before deciding to release the offender under supervision or transfer the offender for parole.
(8) You have the right to be provided with a safe and separate waiting area before and during court proceedings that is away from the child accused of the delinquent conduct, their family, and other witnesses. If a separate waiting area is not available, other safeguards should be taken to minimize your contact with the accused child, their relatives, and witnesses, before and during court proceedings.
(9) You have the right to the prompt return of any of your property that is held by a law enforcement agency or the prosecutor as evidence, but only when that property is no longer required as evidence.
(10) If requested, you have the right to have the prosecutor notify your employer that your cooperation and testimony are necessary in a court proceeding that may require you to be absent from work.
(11) You have the right to attend any public court hearings related to the delinquent conduct of the accused child, unless you are scheduled to testify and the court determines that your testimony would be impacted by hearing what other witnesses say at the trial. Court hearings are closed to the public when the accused child is under the age of 14 at the time of the hearing, unless the court finds that it is in the best interests of the child or the public for the hearing to be open to the public.
(12) You have the right to any other right, as appropriate, granted to victims under the Texas Code of Criminal Procedure Chapter 56A. Rights of Crime Victims, Subchapter B. Crime Victims’ Rights.
The Texas Juvenile Justice Department shall make a reasonable attempt to notify the victim, guardian of the victim, close relative of the deceased victim, or a witness who testified against the juvenile offender, no later than the 30th day before the offender completes their sentence and is released, or immediately if the offender escapes from a correctional facility. A reasonable attempt to give notice to a victim or witness includes sending notice to the victim's or witness's last known mailing address or the last known email address, if possible.
A Texas Department of Public Safety Victim Services Professional is available to provide you with more information about these additional rights if they apply to you.
1 Text of subdivision as added by Acts 2025, 89th Leg., R.S., Ch. 365 (H.B. 47), Sec. 2.
2 Text of subdivision as amended by Acts 2025, 89th Leg., R.S., Ch. 797 (S.B. 1120), Sec. 2.
3 Text of subsection as amended by Acts 2023, 88th Leg., R.S., Ch. 107 (S.B. 2101), Sec. 2.
4 Text of subsection as amended by Acts 2023, 88th Leg., R.S., Ch. 1059 (S.B. 409), Sec. 1.
This discrepancy will likely be resolved during the 90th Legislative session.