Texas Constitutional Rights

These legal protections are stronger and provide victims’ rights enforcement options that statutory rights do not.

ARTICLE 1 – BILL OF RIGHTS

SEC. 30 – RIGHTS OF CRIME VICTIMS

1. A crime victim has the following rights:
   1. the right to be treated with fairness and with respect for the victim’s dignity and privacy throughout
      the criminal justice process; and
   2. the right to be reasonably protected from the accused throughout the criminal justice process.
2. On the request of a crime victim, the crime victim has the following rights:
   1. the right to notification of court proceedings;
   2. the right to be present at all public court proceedings related to the offense, unless the
      victim is to testify and the court determines that the victim’s testimony would be materially
      affected if the victim hears other testimony at the trial;
   3. the right to confer with a representative of the prosecutor’s office;
   4. the right to restitution; and
   5. the right to information about the conviction, sentence, imprisonment, and release of the
      accused.
3. The legislature may enact laws to define the term “victim” and to enforce these and
   other rights of crime victims.
4. The state, through its prosecuting attorney, has the right to enforce the rights of
   crime victims.
5. The legislature may enact laws to provide that 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 this section. The failure or inability of any person to provide a right or service
   enumerated in this section may not be used by a defendant in a criminal case as a ground for
   appeal or post-conviction writ of habeas corpus. A victim or guardian or legal representative
   of a victim has standing to enforce the rights enumerated in this section but does not have
   standing to participate as a party in a criminal proceeding or to contest the disposition of any
   charge.

(Added Nov. 7, 1989.)

Texas Statutory Rights

These legal protections were designed to improve the treatment of victims/survivors of crime and outline some procedures and processes for the provision of victim services by public servants.  Statutory rights do not provide victims’ rights enforcement language and typically public servants cannot be held liable for not affording victims’ rights.  Certain penal codes such as 39.02 might provide some enforcement options, but we recommend you contact us or hire a lawyer to make informed decisions.

TEXAS CODE OF CRIMINAL PROCEDURE

Article 56.01 – 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 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.

Article 56.02 – CRIME VICTIMS’ RIGHTS

(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.

ADDITIONAL RIGHTS

Article 17.41(a)-(d)

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.

Article 21.31

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.

Article 42.03 (Sec.1)(b)(3)

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.

Article 56.045(a)

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.

Article 56.06(c)

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.

Article 56.09

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.

Article 56.11

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.

Article 56.32(a)(13)

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.

Article 57.02(b)

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.

TEXAS GOVERNMENT CODE

Section 508.153(a)(1&2)

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.

Section 508.117(g)(1)(D)

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.

TEXAS FAMILY CODE

Section 85.025(c)

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.

Section 88.003(a)

Texas must honor properly entered orders of protection obtained in another state.

Victims of Juvenile Offenders

Texas is among the leaders providing comprehensive legal protections for victims of juvenile offenders.

RIGHTS OF VICTIMS OF JUVENILE OFFENDERS

SEC. 57.002 – VICTIMS’ RIGHTS FOR VICTIMS OF JUVENILE OFFENDERS

(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

(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.

Office for Victims of Crime

National Crime Victim Law Institute

These are suggestions and steps you can consider to help ensure that you’re afforded victims’ rights.

Helpful Hints and Tips

A crime victims’ rights complaint can sometimes be a difference of opinion or misunderstanding.  In these situations, a dispute can be resolved by taking the time to talk and listen. Here are some basic steps that can be taken to address problems and concerns with an individual or agency:

• Report your crime – To be eligible for victims’ rights often you must report your crime to law enforcement and cooperate with the investigation.  If you are having trouble reporting your crime or need more information before you report it, please contact us immediately for assistance.
• Request your rights in writing – To be eligible for victims’ rights or to be afforded all your rights often you must request them.  We recommend that you notify the individual(s) and agency that you want your rights and services afforded to you.  See “Request Your Rights Letter.”
• Read everything sent to you – Review the documents given or sent to you by police, prosecutors, probation officers, or other court personnel.
• Ask questions – If you do not understand why something happened, ask for an explanation. Don’t be afraid to ask about the relevant rules, policies, or laws.
• Keep records – Relying on memory is not always the most reliable method of recordkeeping, and it can prove problematic if you want to make a formal complaint about a specific person or agency. Take notes of conversations, ask for the names and titles people you speak to, and keep all correspondence.
• Prepare yourself – Before calling, review any documents and have your questions ready. Be clear ahead of time what you are asking and what you want.
• Leaving messages – Remember that people can be busy and may not be able to talk to you right away. Leave a complete message about why you are calling along with contact information. When trying to communicate with the prosecutor’s office, it is often more useful to contact the victim advocate (if there is one) rather than the attorney in charge of the case.
• Request a Meeting – If you feel that your request for rights and services are ignored, request a meeting to address your problems and concerns.  See “Request a Meeting Letter.”  If you are denied a meeting or problems continue then file a complaint with the individual(s) agency.  See “Go Through Standard Complaint Procedures,” below.
• Go through standard complaint procedures – Victims of crime who have complaints always have the option of relying on routine complaint methods. The most common method is to go through the chain of command—ask to speak to the person’s supervisor.  If you are not satisfied, go to the supervisor’s boss.  Finally, if you do not feel that your problems or concerns are being addressed and you feel that a rights violation is/has occurred then take further action.
• Send Final Demand Letter (Optional) – This is a final demand letter to attempt to resolve a complaint or rights violation complaint.  This letter notifies the individual(s) or agency that you have made several attempts to request your rights and services, and if they do not respond to this letter you will file a rights violation complaint and/or a File a Motion to Enforce Crime Victims’ Rights to try and compel them to resolve matters.
• File Rights Violation Complaint and/or File Motions to Enforce Rights – If you report your crime and request your rights you are eligible to take further action.  If you are not afforded your rights and services and your feel that your rights were violated, you can file a rights violation complaint and take advantage of our pro bono legal services to provide advice and representation including filing Motions/Writs.  These helpful hints are suggestions only. CV1 recommends reviewing your case with an attorney to explore all your options prior to making any decisions.

Summary of Voluntary Action Steps

• Report your crime to law enforcement or directly to a magistrate.  In some cases, you might be too afraid, untrusting, intimidated, or unwilling to report your crime to law enforcement.  In fact, only about half of violent crimes are reported to law enforcement nationwide and the figure is less for property crime victims. In Texas, you can file your own criminal complaint directly with a magistrate.  This is a complicated legal matter, so contact us or hire a lawyer.

• Request your rights in writing (certified mail/return signature) – Some statutory and constitutional rights are automatic.  For example, all victims have the right to be treated with fairness, dignity, and respect.  However, some rights such as the right to confer with the prosecutor about your case must be requested.  We provide a user-friendly template, so you can invoke your rights.  We recommend that you put everyone on notice.

• Request a meeting in writing (certified mail/return receipt) – If you feel like your rights are not being afforded to you, send a letter to request a meeting with the individuals or agencies.

• Send final demand letter (certified mail/return receipt) – If your request for rights and a meeting are not afforded to you, send a final demand letter that to summarize your attempts to resolve matters voluntarily, and this is your last attempt to reach them or you might consider filing a formal administrative or criminal complaint.

• In all situations, please ask them to respond immediately.

• No response or voluntary compliance then Contact Us and file a rights violations complaint.