679-680
PENAL CODE
SECTION 679-680
679. In recognition of the civil and moral duty of victims and
witnesses of crime to fully and voluntarily cooperate with law
enforcement and prosecutorial agencies, and in further recognition of
the continuing importance of this citizen cooperation to state and
local law enforcement efforts and the general effectiveness and
well-being of the criminal justice system of this state, the
Legislature declares its intent, in the enactment of this title, to
ensure that all victims and witnesses of crime are treated with
dignity, respect, courtesy, and sensitivity. It is the further intent
that the rights enumerated in Section 679.02 relating to victims and
witnesses of crime are honored and protected by law enforcement
agencies, prosecutors, and judges in a manner no less vigorous than
the protections afforded criminal defendants. It is the intent of the
Legislature to add to Section 679.02 references to new rights as or
as soon after they are created. The failure to enumerate in that
section a right which is enumerated elsewhere in the law shall not be
deemed to diminish the importance or enforceability of that right.
679.01. As used in this title, the following definitions shall
control:
(a) "Crime" means an act committed in this state which, if
committed by a competent adult, would constitute a misdemeanor or
felony.
(b) "Victim" means a person against whom a crime has been
committed.
(c) "Witness" means any person who has been or is expected to
testify for the prosecution, or who, by reason of having relevant
information, is subject to call or likely to be called as a witness
for the prosecution, whether or not any action or proceeding has yet
been commenced.
679.02. (a) The following are hereby established as the statutory
rights of victims and witnesses of crimes:
(1) To be notified as soon as feasible that a court proceeding to
which he or she has been subpoenaed as a witness will not proceed as
scheduled, provided the prosecuting attorney determines that the
witness' attendance is not required.
(2) Upon request of the victim or a witness, to be informed by the
prosecuting attorney of the final disposition of the case, as
provided by Section 11116.10.
(3) For the victim, the victim's parents or guardian if the victim
is a minor, or the next of kin of the victim if the victim has died,
to be notified of all sentencing proceedings, and of the right to
appear, to reasonably express his or her views, have those views
preserved by audio or video means as provided in Section 1191.16, and
to have the court consider his or her statements, as provided by
Sections 1191.1 and 1191.15.
(4) For the victim, the victim's parents or guardian if the victim
is a minor, or the next of kin of the victim if the victim has died,
to be notified of all juvenile disposition hearings in which the
alleged act would have been a felony if committed by an adult, and of
the right to attend and to express his or her views, as provided by
Section 656.2 of the Welfare and Institutions Code.
(5) Upon request by the victim or the next of kin of the victim if
the victim has died, to be notified of any parole eligibility
hearing and of the right to appear, either personally as provided by
Section 3043 of this code, or by other means as provided by Sections
3043.2 and 3043.25 of this code, to reasonably express his or her
views, and to have his or her statements considered, as provided by
Section 3043 of this code and by Section 1767 of the Welfare and
Institutions Code.
(6) Upon request by the victim or the next of kin of the victim if
the crime was a homicide, to be notified of an inmate's placement in
a reentry or work furlough program, or notified of the inmate's
escape as provided by Section 11155.
(7) To be notified that he or she may be entitled to witness fees
and mileage, as provided by Section 1329.1.
(8) For the victim, to be provided with information concerning the
victim's right to civil recovery and the opportunity to be
compensated from the Restitution Fund pursuant to Chapter 5
(commencing with Section 13959) of Part 4 of Division 3 of Title 2 of
the Government Code and Section 1191.2 of this code.
(9) To the expeditious return of his or her property which has
allegedly been stolen or embezzled, when it is no longer needed as
evidence, as provided by Chapter 12 (commencing with Section 1407)
and Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.
(10) To an expeditious disposition of the criminal action.
(11) To be notified, if applicable, in accordance with Sections
679.03 and 3058.8 if the defendant is to be placed on parole.
(12) For the victim, upon request, to be notified of any pretrial
disposition of the case, to the extent required by Section 28 of
Article I of the California Constitution.
(A) A victim may request to be notified of a pretrial disposition.
(B) The victim may be notified by any reasonable means available.
Nothing in this paragraph is intended to affect the right of the
people and the defendant to an expeditious disposition as provided in
Section 1050.
(13) For the victim, to be notified by the district attorney's
office of the right to request, upon a form provided by the district
attorney's office, and receive a notice pursuant to paragraph (14),
if the defendant is convicted of any of the following offenses:
(A) Assault with intent to commit rape, sodomy, oral copulation,
or any violation of Section 264.1, 288, or 289, in violation of
Section 220.
(B) A violation of Section 207 or 209 committed with the intent to
commit a violation of Section 261, 262, 286, 288, 288a, or 289.
(C) Rape, in violation of Section 261.
(D) Oral copulation, in violation of Section 288a.
(E) Sodomy, in violation of Section 286.
(F) A violation of Section 288.
(G) A violation of Section 289.
(14) When a victim has requested notification pursuant to
paragraph (13), the sheriff shall inform the victim that the person
who was convicted of the offense has been ordered to be placed on
probation, and give the victim notice of the proposed date upon which
the person will be released from the custody of the sheriff.
(b) The rights set forth in subdivision (a) shall be set forth in
the information and educational materials prepared pursuant to
Section 13897.1. The information and educational materials shall be
distributed to local law enforcement agencies and local victims'
programs by the Victims' Legal Resource Center established pursuant
to Chapter 11 (commencing with Section 13897) of Title 6 of Part 4.
(c) Local law enforcement agencies shall make available copies of
the materials described in subdivision (b) to victims and witnesses.
(d) Nothing in this section is intended to affect the rights and
services provided to victims and witnesses by the local assistance
centers for victims and witnesses.
679.026. (a) It is the intent of the people of the State of
California in enacting this section to implement the rights of
victims of crime established in Section 28 of Article I of the
California Constitution to be informed of the rights of crime victims
enumerated in the Constitution and in the statutes of this state.
(b) Every victim of crime has the right to receive without cost or
charge a list of the rights of victims of crime recognized in
Section 28 of Article I of the California Constitution. These rights
shall be known as "Marsy Rights."
(c) (1) Every law enforcement agency investigating a criminal act
and every agency prosecuting a criminal act shall, as provided
herein, at the time of initial contact with a crime victim, during
follow-up investigation, or as soon thereafter as deemed appropriate
by investigating officers or prosecuting attorneys, provide or make
available to each victim of the criminal act without charge or cost a
"Marsy Rights" card described in paragraphs (3) and (4).
(2) The victim disclosures required under this section shall be
available to the public at a state funded and maintained Web site
authorized pursuant to Section 14260 of the Penal Code to be known as
"Marsy's Page."
(3) The Attorney General shall design and make available in ".pdf"
or other imaging format to every agency listed in paragraph (1) a
"Marsy Rights" card, which shall contain the rights of crime victims
described in subdivision (b) of Section 28 of Article I of the
California Constitution, information on the means by which a crime
victim can access the web page described in paragraph (2), and a
toll-free telephone number to enable a crime victim to contact a
local victim's assistance office.
(4) Every law enforcement agency which investigates criminal
activity shall, if provided without cost to the agency by any
organization classified as a nonprofit organization under paragraph
(3) of subdivision (c) of Section 501 of the Internal Revenue Code,
make available and provide to every crime victim a "Victims' Survival
and Resource Guide" pamphlet and/or video that has been approved by
the Attorney General. The "Victims' Survival and Resource Guide" and
video shall include an approved "Marsy Rights" card, a list of
government agencies, nonprofit victims' rights groups, support
groups, and local resources that assist crime victims, and any other
information which the Attorney General determines might be helpful to
victims of crime.
(5) Any agency described in paragraph (1) may in its discretion
design and distribute to each victim of a criminal act its own
Victims' Survival and Resource Guide and video, the contents of which
have been approved by the Attorney General, in addition to or in
lieu of the materials described in paragraph (4).
679.03. (a) With respect to the conviction of a defendant involving
a violent offense, as defined in subdivision (b) of Section 12021.1,
the county district attorney, probation department, and
victim-witness coordinator shall confer and establish an annual
policy within existing resources to decide which one of their
agencies shall inform each witness involved in the conviction who was
threatened by the defendant following the defendant's arrest and
each victim or next of kin of the victim of that offense of the right
to request and receive a notice pursuant to Section 3058.8 or 3605.
If no agreement is reached, the presiding judge shall designate the
appropriate county agency or department to provide this notification.
(b) The Department of Corrections shall supply a form to the
agency designated pursuant to subdivision (a) in order to enable
persons specified in subdivision (a) to request and receive
notification from the department of the release, escape, scheduled
execution, or death of the violent offender. That agency shall give
the form to the victim, witness, or next of kin of the victim for
completion, explain to that person or persons the right to be so
notified, and forward the completed form to the department. The
department or the Board of Prison Terms is responsible for notifying
all victims, witnesses, or next of kin of victims who request to be
notified of a violent offender's release or scheduled execution, as
provided by Sections 3058.8 and 3605.
(c) All information relating to any person receiving notice
pursuant to subdivision (b) shall remain confidential and is not
subject to disclosure pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Title 7 of Division 1
of the Government Code).
679.03. (a) With respect to the conviction of a defendant involving
a violent offense, as defined in Section 29905, the county district
attorney, probation department, and victim-witness coordinator shall
confer and establish an annual policy within existing resources to
decide which one of their agencies shall inform each witness involved
in the conviction who was threatened by the defendant following the
defendant's arrest and each victim or next of kin of the victim of
that offense of the right to request and receive a notice pursuant to
Section 3058.8 or 3605. If no agreement is reached, the presiding
judge shall designate the appropriate county agency or department to
provide this notification.
(b) The Department of Corrections shall supply a form to the
agency designated pursuant to subdivision (a) in order to enable
persons specified in subdivision (a) to request and receive
notification from the department of the release, escape, scheduled
execution, or death of the violent offender. That agency shall give
the form to the victim, witness, or next of kin of the victim for
completion, explain to that person or persons the right to be so
notified, and forward the completed form to the department. The
department or the Board of Prison Terms is responsible for notifying
all victims, witnesses, or next of kin of victims who request to be
notified of a violent offender's release or scheduled execution, as
provided by Sections 3058.8 and 3605.
(c) All information relating to any person receiving notice
pursuant to subdivision (b) shall remain confidential and is not
subject to disclosure pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Title 7 of Division 1
of the Government Code).
679.04. (a) A victim of sexual assault as the result of any offense
specified in paragraph (1) of subdivision (b) of Section 264.2 has
the right to have victim advocates and a support person of the victim'
s choosing present at any interview by law enforcement authorities,
district attorneys, or defense attorneys. However, the support person
may be excluded from an interview by law enforcement or the district
attorney if the law enforcement authority or the district attorney
determines that the presence of that individual would be detrimental
to the purpose of the interview. As used in this section, "victim
advocate" means a sexual assault counselor, as defined in Section
1035.2 of the Evidence Code, or a victim advocate working in a center
established under Article 2 (commencing with Section 13835) of
Chapter 4 of Title 6 of Part 4.
(b) (1) Prior to the commencement of the initial interview by law
enforcement authorities or the district attorney pertaining to any
criminal action arising out of a sexual assault, a victim of sexual
assault as the result of any offense specified in Section 264.2 shall
be notified orally or in writing by the attending law enforcement
authority or district attorney that the victim has the right to have
victim advocates and a support person of the victim's choosing
present at the interview or contact. This subdivision applies to
investigators and agents employed or retained by law enforcement or
the district attorney.
(2) At the time the victim is advised of his or her rights
pursuant to paragraph (1), the attending law enforcement authority or
district attorney shall also advise the victim of the right to have
victim advocates and a support person present at any interview by the
defense attorney or investigators or agents employed by the defense
attorney.
(c) An initial investigation by law enforcement to determine
whether a crime has been committed and the identity of the suspects
shall not constitute a law enforcement interview for purposes of this
section.
679.05. (a) A victim of domestic violence or abuse, as defined in
Sections 6203 or 6211 of the Family Code, or Section 13700 of the
Penal Code, has the right to have a domestic violence advocate and a
support person of the victim's choosing present at any interview by
law enforcement authorities, prosecutors, or defense attorneys.
However, the support person may be excluded from an interview by law
enforcement or the prosecutor if the law enforcement authority or the
prosecutor determines that the presence of that individual would be
detrimental to the purpose of the interview. As used in this section,
"domestic violence advocate" means either a person employed by a
program specified in Section 13835.2 for the purpose of rendering
advice or assistance to victims of domestic violence, or a domestic
violence counselor, as defined in Section 1037.1 of the Evidence
Code. Prior to being present at any interview conducted by law
enforcement authorities, prosecutors, or defense attorneys, a
domestic violence advocate shall advise the victim of any applicable
limitations on the confidentiality of communications between the
victim and the domestic violence advocate.
(b) (1) Prior to the commencement of the initial interview by law
enforcement authorities or the prosecutor pertaining to any criminal
action arising out of a domestic violence incident, a victim of
domestic violence or abuse, as defined in Section 6203 or 6211 of the
Family Code, or Section 13700 of this code, shall be notified orally
or in writing by the attending law enforcement authority or
prosecutor that the victim has the right to have a domestic violence
advocate and a support person of the victim's choosing present at the
interview or contact. This subdivision applies to investigators and
agents employed or retained by law enforcement or the prosecutor.
(2) At the time the victim is advised of his or her rights
pursuant to paragraph (1), the attending law enforcement authority or
prosecutor shall also advise the victim of the right to have a
domestic violence advocate and a support person present at any
interview by the defense attorney or investigators or agents employed
by the defense attorney.
(c) An initial investigation by law enforcement to determine
whether a crime has been committed and the identity of the suspects
shall not constitute a law enforcement interview for purposes of this
section.
679.08. (a) (1) Whenever there has been a crime committed against a
victim, the law enforcement officer assigned to the case may provide
the victim of the crime with a "Victim's Rights Card," as specified
in subdivision (b).
(2) This section shall be operative in a city or county only upon
the adoption of a resolution by the city council or board of
supervisors to that effect.
(3) This section shall not be interpreted as replacing or
prohibiting any services currently offered to victims of crime by any
agency or person affected by this section.
(b) A "Victim's Rights Card" means a card or paper that provides a
printed notice with a disclaimer, in at least 10-point type, to a
victim of a crime regarding potential services that may be available
under existing state law to assist the victim. The printed notice
shall include the following language or language substantially
similar to the following:
"California law provides crime victims with important rights. If
you are a victim of crime, you may be entitled to the assistance of a
victim advocate who can answer many of the questions you might have
about the criminal justice system."
"Victim advocates can assist you with the following:
(1) Explaining what information you are entitled to receive while
criminal proceedings are pending.
(2) Assisting you in applying for restitution to compensate you
for crime-related losses.
(3) Communicating with the prosecution.
(4) Assisting you in receiving victim support services.
(5) Helping you prepare a victim impact statement before an
offender is sentenced."
"To speak with a victim advocate, please call any of the following
numbers:"