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CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 56. RIGHTS OF CRIME VICTIMS

SUBCHAPTER  A. CRIME VICTIMS' RIGHTS

Art. 56.01.  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.

(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.

Art. 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.

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Code of Criminal Procedure, Texas Crime Victims' Compensation Act, Chapter 56, Subchapter B

Purpose: To compensate residents of the United States who suffer personal injury or death as the result of a violent crime, including DWI, Failure to Stop and Render Aid, and certain other vehicular crimes.

Administered by: The Office of the Attorney General, Crime Victims' Compensation Division, Austin, Texas.

Crime Victims' Compensation may be available to pay the amount of expense reasonably and necessarily incurred for:

In order to qualify for Crime Victims' Compensation:

The Victim Services Program of the Arlington Police Department will assist you in applying for benefits from Crime Victims' Compensation. Upon request, we will provide you with the claim form, will send the claim form and required documentation to CVC, and notify service providers that a claim has been applied for and is pending. Please allow us assist you in obtaining these benefits if you feel you may qualify.

The Texas Office of the Attorney General's Crime Victims' Compensation Division phone number is 1-800-983-9933

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Local Resource List

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Abuse can be physical (pushing, slapping, grabbing, hitting, kicking, choking, cutting, burning, dragging, shooting, stabbing, murder)

Abuse can be sexual (demeaning remarks about your gender, accusations of being unfaithful, unwanted touching, forced sex)

Abuse can be emotional (criticism, name calling, shouting, making all the decisions for you, humiliating and ridiculing you in public, lying and manipulation)

If you feel afraid:

PHASE I: CRISIS STAGE/IMPACT STAGE

First reaction may be shock and disbelief, may last a few seconds, minutes, hours, days and in some cases years. Denial of the reality of the event is used as a defense to protect the person from experiencing the full impact. Symptoms of distress may include increased heart rate, increased breathing rate, muscle tenseness, shaking, feelings of helplessness, panic, fear, vulnerability, confusion, difficulty making decisions, short term memory difficulties, hypervigilance, difficulty with eating or sleeping, or difficulty concentrating. This stage may last up to 72 hours after the event, but some of these symptoms may last longer or come and go for some time. After a sustained period of emotional and physical arousal, most people experience exhaustion.

PHASE II: RECOIL

As the person begins to recover and adapt to the sense of violation, many strong emotions may emerge. Intense feelings of anger, sadness, violation, panic, fear, frustration, confusion, self-pity, and guilt may alternate with denial and avoidance of experiencing these powerful feelings by trying to avoid thinking about the event, or keeping busy, or trying to avoid reminders of the event. Problems with eating or sleeping may persist. This phase may last from 24 hours to several weeks.

PHASE III: REORGANIZATION/REINTEGRATION

Resuming of something of a normal life, although perhaps a "new normal". The process is one of ups and downs, and there may be a reoccurrence of symptoms of the crisis reaction, especially when confronted with reminders of the event. Triggers may include anniversaries of the event, holidays associated with the event, hearing about similar events, the criminal justice process, or sights, smells, and sounds that remind one of something about the event. This phase can begin as early as a week or as long as a year later.

All of the above are considered "normal" reactions. As long as you are able to recognize that you are having a "normal" reaction to an abnormal circumstance, you may be able to combat the sense that many victims have that they are "losing their minds". If symptoms are very intense, or if they interfere with your ability to return to day to day functioning, you may want to seek some short term help with coping with the trauma. The Victim Assistance Program is available for short term counseling or referral to community resources familiar with trauma reactions. Don't be afraid to reach out for help if you need it. You have probably been through something that anyone would have difficulty coping with. If you have thoughts of hurting yourself, please let someone know, or call Crisis Intervention at 817-927-5544 (24 hours).

Some suggestions for coping with the immediate crisis include:

• Try to get plenty of rest, sleep if you can.
• Eat nutritious meals, even if you have little appetite. Sometimes several small meals are easier than three large ones.
• Moderate exercise, such as walking may help relieve some of the stress, and may also help with appetite and sleep problems.
• Keep a journal, including writing about the experience and about your feelings and experiences afterward.
• Try to keep important information, including names and dates of people that you have talked to about the case, together. Perhaps saved in a large envelope.
• Find a supportive friend or counselor who is willing to listen to you tell your story. You many need to tell the story repeatedly.
• Remember that children react differently to trauma than adults do. Children may be affected even if they were not directly involved in the crisis. Encourage children to talk, draw pictures, or act out the event with toys or role playing. Some regression is normal in children, but if you feel that the reaction is severe, you may want to seek counseling for the child.

Texans for Equal Justice (Victim Advocacy Group)

Justice for All (Victim Advocacy Group)