right of crime victims

CODE OF CRIMINAL PROCEDURE, CHAPTER 56

"Victim" means a person who is the victim of sexual assault, kidnapping, or aggravated robbery or who has suffered bodily injury or death as a result of the criminal conduct of another. (a) 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) 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 magistrate take the safety of the victim or his 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 and to be informed if those court proceedings have been canceled or rescheduled prior to the event;

(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 and arraignments, restitution, and the appeals and parole process;

(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 family by testimony, written statement, or any other manner prior to any sentencing of the offender;

(6) THE RIGHT to receive information regarding compensation to victims of crime as provided by Subchapter B, Chapter 56, including information relating to the cost that may be compensated under the Act and the amount of compensation, eligibility for compensation, and procedures for application for compensation under the Act, the payment for medical examination under the Article 56.06 of this code for a victim of sexual assault, and when requested, to referrals for available social service agencies that may offer additional assistance;

(7) THE RIGHT to be informed, upon request, of parole procedures, to participate in the parole process, to be notified, if requested, of parole proceedings concerning a defendant in the victim's case, to provide to the Board of Pardons and Paroles for inclusion in the defendant's file information to be considered by the board prior to the parole of any defendant convicted of any crime subject to the Act, and to be notified, if requested, 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 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 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 a good cause;

(11) THE RIGHT to counseling, on request, regarding acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) infection and testing for acquired immune deficiency syndrome (AIDS), and human immunodeficiency virus (HIV) infection, antibodies to HIV, or infection or infection with any other probable causative agent of AIDS, if the offense is an offense under Section 21.11 (a) (1) [Indecency with a Child], 22.011 [Sexual Assault], or 22.021 [Aggravated Sexual Assault], Penal Code. 

(b) A victim is entitled to the right to be present at all public court proceedings related to the offense, subject to 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 Sub-section (a) of this article, and on request, an explanation of those rights.  

(d) A judge, attorney for the state, peace officer, or law enforcement agency is not liable for a failure or inability to provide a right enumerated in the article. The failure or inability of any person to provide a right or service enumerated in this article may not be used by a defendant in a criminal case as a ground for an appeal, a ground to set aside the conviction or sentence, or a ground in a habeas corpus petition. A victim, guardian of a victim, or close relative of a deceased victim does not have standing to participate as a party in a criminal proceeding or to contest the disposition of any charge.

State law provides that a victim, guardian of a victim, or close relative of a deceased victim may complete a Victim Impact Statement and have it considered by the court in a criminal case prior to the imposition of a sentence and by the Board of Pardons and Paroles in the parole process. 

A law enforcement agency that requests a medical examination of a victim of alleged sexual assault for the use in the investigation or prosecution of the offense shall pay all costs of the examination. This does not include any costs of treatment for injuries, pregnancy testing, and/or prevention or treatment for sexually transmitted diseases.

If you or your family have been contacted or threatened by the defendant or the defendant's family since the crime occurred, please contact your local law enforcement agency and prosecutor immediately.