Texas Code of Criminal Procedure
“Victim” means a person who: is the victim of the offense of: sexual assault; kidnapping; aggravated robbery; trafficking of persons; or injury to a child, elderly individual, or disabled individual; or has suffered personal injury or death as a result of the criminal conduct of another.
“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.
Texas Crime Victim's
Bill of Rights
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 PROTECTION from harm and threats of harm arising from cooperation with prosecution efforts;
2. The right to have the magistrate consider the SAFETY of the victim or the victim’s family in setting the amount of bail for the defendant;
3. The right to be INFORMED of court proceedings, including appellate proceedings, and to be informed if those proceedings have been canceled or rescheduled before the event, upon request;
4. The right to be INFORMED on the defendant’s right to bail and the procedures in criminal investigations;
5. The right to be INFORMED of parole procedure, parole process and to be NOTIFIED, if requested, of parole proceedings concerning a defendant in the victim’s case and of the defendant’s release;
6. The right to receive INFORMATION regarding compensation to victims of crime and referrals to available social service agencies that may offer additional assistance.
7. The right to be PRESENT at all public court proceedings related to the offense, subject to the approval of the judge in the case, if presiding judge approves:
8. The right to a SAFE area before testifying in any proceeding concerning the defendant; before and during court proceedings; 9. The right to the prompt RETURN of any of the victim’s property when the property is no longer required for that purpose;
10. The right to have the a prosecutor NOTIFY the victim’s employer that the victim’s cooperation and testimony is necessary in a proceeding that may require the victim to be absent from work for good cause;
11. The right to REQUEST victim-offender mediation coordinated by the victim services division of the department;
12. The right to COMPLETE a Victim Impact Statement and be informed of the statement’s purpose in the criminal justice system ; have the statement considered before sentencing or before a plea bargain agreement is accepted; and by the board before a defendant is released on parole;
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