Texas Department of Criminal Justice
(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 victim” means a person who is the legal guardian of the victim, whether or not the legal relationship between the guardian and the victim exists because of the age of the victim or the physical or mental incompetency of the victim.
(2-a) “Sexual assault” includes an offense under Section 21.02, Penal Code.
(3) “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 who has suffered personal 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:
(A) by the attorney representing the state of relevant court proceedings, including appellate proceedings, and to be informed if those proceedings have been canceled or rescheduled prior to the event; and
(B) by an appellate court of decisions of the court, after the decisions are entered but before the decisions are made public;
(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 arrangements, 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, including information related to the costs that may be compensated under that subchapter and the amount of compensation, eligibility for compensation, and procedures for application for compensation under that subchapter, the payment for a medical examination under Article 56.06 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 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 this subchapter, 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 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), human immunodeficiency virus (HIV) infection, antibodies to HIV, or infection with any other probable causative agent of AIDS, if the offense is an offense under Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code;
(12) the right to request victim-offender mediation coordinated by the victim services division of the Texas Department of Criminal Justice;
(13) 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 the victim impact statement, and to have the victim impact statement considered:
(A) by the attorney representing the state and the judge before sentencing or before a plea bargain agreement is accepted; and
(B) by the Board of Pardons and Paroles before an inmate is released on parole;
(14) to the extent provided by Articles 56.06 and 56.065, for a victim of a sexual assault, the right to a forensic medical examination if, within 96 hours of the sexual assault, the assault is reported to a law enforcement agency or a forensic medical examination is otherwise conducted at a health care facility; and
(15) 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.
(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.
If a defendant is charged with a sexual offense against a child age 14 or younger, the magistrate shall require a no direct contact condition on the defendant’s bond and may grant supervised access to the alleged victim. If this conflicts with an existing court order concerning access to a child, this bond condition will prevail, not to exceed 90 days.
A person who is indicted for continuous sexual abuse of a child, indecency with a child/contact, sexual assault, or aggravated sexual assault shall be tested for human immunodeficiency virus (HIV) and other sexually transmitted diseases not later than 48 hours after the indictment, if requested by the victim or on the court’s own motion. If the results of the test are positive for HIV, the court shall order the defendant to undergo any necessary additional testing. The results shall be released to the local health authority who shall report the test results to the victim of the alleged offense.
After sentence is pronounced, the court shall permit a victim, close relative of a deceased victim, or guardian of a victim (as defined by Article 56.01) to appear in person to present to the court and to the defendant a statement of the person’s views about the offense, the defendant, and the effect of the offense on the victim.
Before conducting a forensic medical examination of a person who consents to such an examination for the collection of evidence for an alleged sexual assault, the physician or other medical services personnel conducting the examination shall offer the person the opportunity to have an advocate from a sexual assault program present with the person during the examination, if the advocate is available at the time of the examination.
A law enforcement agency that requests a medical examination of a victim of an alleged sexual assault for use in the investigation or prosecution of the offense shall pay all costs of the examination.
As far as reasonably practical, the address of the victim may not be a part of the court file except as necessary to identify the place of the crime. The phone number of the victim may not be a part of the court file.
Victims and witnesses have the right to be notified when a defendant completes the sentence and is released or escapes from a correctional facility. They also have the right to be notified when an offender who has been released on parole, mandatory supervision or community supervision and is subject to electronic monitoring as a condition of release, ceases to be electronically monitored. A reasonable attempt must be made to provide notice to the victim or witness not later than the 30th day before the date the offender ceases to be electronically monitored.
Victims have the right to compensation, services, or assistance provided directly to a victim for the purpose of supporting or assisting the recovery of the victim from the consequences of criminally injurious conduct.
The victim of a sexual assault may choose to use a pseudonym in all public files and records concerning the offense, including police summary reports, press releases, and records of judicial proceedings.
The victim, legal guardian of the victim, or close relative of a deceased victim (as defined by TCCP Article 56.01) has the right to provide a written statement or to appear in person before a voting member of the Texas Board of Pardons and Paroles to present a statement of the person’s views about the offense, the offender, and the effect of the offense on the victim when the board is considering the offender for release on parole or mandatory supervision for the current offense of sentence being served.
In the event that the close relative (as defined by TCCP Article 56.01) of a deceased victim is deceased, incapacitated due to physical or mental illness or infirmity, the nearest relative of the deceased victim by “consanguinity” (relationship by descent from a common ancestor; kinship) may have a right to provide a written statement or to appear in person before a voting member of the Texas Board of Pardons and Paroles. Other representatives of the victim, victim’s guardian and victim’s close relative can provide a written statement to voting members of the Board of Pardons and Paroles.
If a person who is the subject of a protective order is confined or imprisoned on the date the protective order would expire, the period for which the order is effective is extended, and the order expires on the first anniversary of the date the person is released from confinement or imprisonment.
Texas must honor properly entered orders of protection obtained in another state.
Section 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 Subchapter B, Chapter 56, Code of Criminal Procedure, including information related to the costs that may be compensated under that subchapter and the amount of compensation, eligibility for compensation, and procedures for application for compensation under that subchapter, the payment of medical expenses under Section 56.06, 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 pardons and paroles division 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 Youth Commission for inclusion in the person's file information to be considered by the commission 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 Article 56.02, Code of Criminal Procedure.
(b) In notifying a victim of the release or escape of a person, the Texas Youth Commission shall use the same procedure established for the notification of the release or escape of an adult offender under Article 56.11, Code of Criminal Procedure.