Crime Victim's Rights (for victims of adult offenders)

August 18, 2020

The Texas Code of Criminal Procedure, Chapter 56 ensures the right of victims of sexual assault, kidnapping, aggravated robbery, trafficking of persons, or injury to a child, elderly individual, or disabled individual or who has suffered personal injury or death as a result of the criminal conduct of another; to the guardian of a victim; and to the close relative of a deceased victim. The rights of victims as specified in the law are summarized below. The full text is available at Texas Constitution and Statutes.

Texas Crime Victims' Rights video - Texas Department of Criminal Justice

Texas Code of Criminal Procedure

Article 56A.001.  DEFINITIONS

(1)  "Board" means the Board of Pardons and Paroles.

(2)  "Clearinghouse" means the Texas Crime Victim Clearinghouse.

(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)  "Department" means the Texas Department of Criminal Justice.

(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:

(A)  Section 21.02; (B)  Section 21.11(a)(1); (C)  Section 22.011; or (D)  Section 22.021.

(6-a)  "Sexual assault examiner" and "sexual assault nurse examiner" have the meanings assigned by Section 420.003, Government Code.

(7)  "Victim" means a person who:

(A)  is the victim of the offense of:

(i)  sexual assault;

(ii)  kidnapping;

(iii)  aggravated robbery;

(iv)  trafficking of persons; or

(v)  injury to a child, elderly individual, or disabled individual; or

(B)  has suffered personal injury or death as a result of the criminal conduct of another.

 

The Code of Criminal Procedure, Chapter 56A.051 ensures the rights of victims of sexual assault, kidnapping, aggravated robbery, trafficking of persons, or injury to a child, elderly individual, or disabled individual or who has suffered personal injury or death as a result of the criminal conduct of another. The rights of victims as specified in the law are summarized below. The full text is available at Texas Constitution and Statutes.

(a) A victim, guardian of a victim, or close relative of a deceased victim is entitled to the following rights:

1) The right to receive adequate protection from law enforcement agencies from harm and threats of harm arising from a victim’s cooperation with the prosecution efforts.

2) The right to have magistrates take the safety of the victim or his/her family into consideration as an element in fixing the amount of bail for the accused.

3) The right, if requested, to be informed of relevant court proceedings including canceled or rescheduled proceedings and to be informed of appellate court decisions.

4) The right to be informed, when requested, by a peace officer concerning the defendant’s right to bail and the procedures in criminal investigations; and by the district attorney’s office concerning the general procedures in the criminal justice system, including general procedures in guilty plea negotiations.

5) The right to provide pertinent information to a probation department conducting a presentencing investigation concerning the impact of the offense on the victim and his/her family prior to any sentencing of the offender. Victim information may be provided by testimony, written statement, or any other manner.

6) The right to receive information regarding compensation to victims of crime as provided by Subchapter B of chapter 56. Such information includes the costs that may be compensated and the amount of compensation; eligibility for compensation; procedures for application for compensation; the payment for medical examination for a victim of a sexual assault; and referral information to social services agencies that may offer additional assistance, when requested.

7) The right to be informed, upon request, of parole procedures; to participate in the parole process; and to be notified, upon request, of parole proceedings concerning a defendant in the victim’s case. Victims also have the right to provide information, to be included in the defendant’s file, to the Board of Pardons and Paroles, to be considered by the board prior to the parole of any defendant convicted of any crime subject to this Act. When requested, victims will be notified of the defendant’s release.

8) The right to be provided with a waiting area separate or secure from other witnesses, including the offender and the relatives of the offender, before testifying in any proceeding concerning the offender. If a separate waiting area is not available, other safeguards should be taken to minimize the victim’s contact with the offender and the offender’s relatives and witnesses, before and during court proceedings.

9) The right to prompt return of any property of the victim that is held as evidence by a law enforcement agency or by the attorney for the state 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 form work for good cause.

11) The right to request victim-offender mediation coordinated by the victim services division of the Texas Dept. of Criminal Justice.

12) The right to be informed of the uses of a victim impact statement, the statement’s purpose in the criminal justice system, and the right to complete the victim impact statement and to have the victim impact statement considered by the appropriate entities in the criminal justice system. A victim who provides a victim impact statement has the right to have that statement considered before sentencing or acceptance of a plea agreement and by the Board of Pardons and Paroles before an inmate is released on parole.

13) For a victim of an assault or sexual assault who is younger than 17 years of age or whose case involves family violence, as defined by Section 71.004, Family Code, the right to have the court consider the impact on the victim of a continuance requested by the defendant; if requested by the attorney representing the state or by counsel for the defendant, the court shall state on the record the reason for granting or denying the continuance.

14) If the offense is a capital felony, the right to:

A) receive by mail from the court a written explanation of defense-initiated victim outreach if the court has authorized expenditures for a defense-initiated victim outreach specialist;

B) not be contacted by the victim outreach specialist unless the victim, guardian, or relative has consented to the contact by providing a written notice to the court; and

C) designate a victim service provider to receive all communications from a victim outreach specialist acting on behalf of any person.

(b) A victim, guardian of a victim, or close relative of a deceased victim is entitled to the right to be present at all public court proceedings related to the offense, subject to the approval of the judge in the case.

(c) The office of the attorney representing the state, and the sheriff, police, and other law enforcement agencies shall ensure to the extent practicable that a victim, guardian of a victim, or close relative of a deceased victim is afforded the rights granted by Articles 56A.051 and 56A.052 and, on request, an explanation of those rights.

 

Article 56A.052.  ADDITIONAL RIGHTS OF VICTIMS OF SEXUAL ASSAULT, INDECENT ASSAULT, STALKING, OR TRAFFICKING.

 (a)  If the offense is a sexual assault, a victim, guardian of a victim, or close relative of a deceased victim is entitled to the following rights within the criminal justice system:

(1)  if requested, the right to a disclosure of information regarding:

(A)  any evidence that was collected during the investigation of the offense, unless disclosing the information would interfere with the investigation or prosecution of the offense, in which event the victim, guardian, or relative shall be informed of the estimated date on which that information is expected to be disclosed; and

(B)  the status of any analysis being performed of any evidence described by Paragraph (A);

(2)  if requested, the right to be notified:

(A)  at the time a request is submitted to a crime laboratory to process and analyze any evidence that was collected during the investigation of the offense;

(B)  at the time of the submission of a request to compare any biological evidence collected during the investigation of the offense with DNA profiles maintained in a state or federal DNA database; and

(C)  of the results of the comparison described by Paragraph (B), unless disclosing the results would interfere with the investigation or prosecution of the offense, in which event the victim, guardian, or relative shall be informed of the estimated date on which those results are expected to be disclosed;

(3)  if requested, the right to counseling regarding acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) infection; and

(4)  for the victim, the right to:

(A)  testing for acquired immune deficiency syndrome (AIDS), human immunodeficiency virus (HIV) infection, antibodies to HIV, or infection with any other probable causative agent of AIDS; and

(B)  a forensic medical examination to the extent provided by Subchapters F and G if, within 120 hours of the offense:

(i)  the offense is reported to a law enforcement agency; or

(ii) a forensic medical examination is otherwise conducted at a health care provider.

 

Rights of Victims of Juvenile Offenders

Section 57.001, Texas Family Code

Sec. 57.001.  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 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.

Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14, 1989.  Amended by Acts 1995, 74th Leg., ch. 262, Sec. 49, eff. Jan. 1, 1996;  Acts 1997, 75th Leg., ch. 368, Sec. 1, eff. Sept. 1, 1997.

 

Sec. 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 Chapter 56B, Code of Criminal Procedure, including information related to the costs that may be compensated under that chapter and the amount of compensation, eligibility for compensation, and procedures for application for compensation under that chapter, the payment of medical expenses under Subchapter F, Chapter 56A, 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 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 Juvenile Justice Department for inclusion in the person's file information to be considered by the department 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 Subchapter B, Chapter 56A, Code of Criminal Procedure.

(b)  In notifying a victim of the release or escape of a person, the Texas Juvenile Justice Department shall use the same procedure established for the notification of the release or escape of an adult offender under Subchapter K, Chapter 56A, Code of Criminal Procedure.