CHAPTER 57. RIGHTS OF VICTIMS
FAMILY CODE
TITLE 3. JUVENILE JUSTICE CODE
CHAPTER 57. RIGHTS OF VICTIMS
Sec. 57.001. 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.
(3) "Victim" means a person who as the result of the delinquent
conduct of a child suffers a pecuniary loss or personal injury or
harm.
Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14,
1989. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 49, eff.
Jan. 1, 1996; Acts 1997, 75th Leg., ch. 368, Sec. 1, eff. Sept.
1, 1997.
Sec. 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 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.
Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14,
1989. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(110),
eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 262, Sec. 50, eff.
Jan. 1, 1996; Acts 2001, 77th Leg., ch. 1034, Sec. 8, eff. Sept.
1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 25.060, eff. September 1, 2009.
Sec. 57.003. DUTIES OF JUVENILE BOARD AND VICTIM ASSISTANCE
COORDINATOR. (a) The juvenile board shall ensure to the extent
practicable that a victim, guardian of a victim, or close
relative of a deceased victim is afforded the rights granted by
Section 57.002 and, on request, an explanation of those rights.
(b) The juvenile board may designate a person to serve as victim
assistance coordinator in the juvenile board's jurisdiction for
victims of juvenile offenders.
(c) The victim assistance coordinator shall ensure that a
victim, or close relative of a deceased victim, is afforded the
rights granted victims, guardians, and relatives by Section
57.002 and, on request, an explanation of those rights. The
victim assistance coordinator shall work closely with appropriate
law enforcement agencies, prosecuting attorneys, the Texas
Juvenile Probation Commission, and the Texas Youth Commission in
carrying out that duty.
(d) The victim assistance coordinator shall ensure that at a
minimum, a victim, guardian of a victim, or close relative of a
deceased victim receives:
(1) a written notice of the rights outlined in Section 57.002;
(2) an application for compensation under the Crime Victims'
Compensation Act (Subchapter B, Chapter 56, Code of Criminal
Procedure); and
(3) a victim impact statement with information explaining the
possible use and consideration of the victim impact statement at
detention, adjudication, and release proceedings involving the
juvenile.
(e) The victim assistance coordinator shall, on request, offer
to assist a person receiving a form under Subsection (d) to
complete the form.
(f) The victim assistance coordinator shall send a copy of the
victim impact statement to the court conducting a disposition
hearing involving the juvenile.
(g) The juvenile board, with the approval of the commissioners
court of the county, may approve a program in which the victim
assistance coordinator may offer not more than 10 hours of
posttrial psychological counseling for a person who serves as a
juror or an alternate juror in an adjudication hearing involving
graphic evidence or testimony and who requests the posttrial
psychological counseling not later than the 180th day after the
date on which the jury in the adjudication hearing is dismissed.
The victim assistance coordinator may provide the counseling
using a provider that assists local juvenile justice agencies in
providing similar services to victims.
Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14,
1989. Amended by Acts 1995, 74th Leg., ch. 262, Sec. 51, eff.
Jan. 1, 1996.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
93, Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
93, Sec. 3, eff. September 1, 2009.
Sec. 57.0031. NOTIFICATION OF RIGHTS OF VICTIMS OF JUVENILES.
At the initial contact or at the earliest possible time after the
initial contact between the victim of a reported crime and the
juvenile probation office having the responsibility for the
disposition of the juvenile, the office shall provide the victim
a written notice:
(1) containing information about the availability of emergency
and medical services, if applicable;
(2) stating that the victim has the right to receive information
regarding compensation to victims of crime as provided by the
Crime Victims' Compensation Act (Subchapter B, Chapter 56, Code
of Criminal Procedure), including information about:
(A) the costs that may be compensated and the amount of
compensation, eligibility for compensation, and procedures for
application for compensation;
(B) the payment for a medical examination for a victim of a
sexual assault; and
(C) referral to available social service agencies that may offer
additional assistance;
(3) stating the name, address, and phone number of the victim
assistance coordinator for victims of juveniles;
(4) containing the following statement: "You may call the crime
victim assistance coordinator for the status of the case and
information about victims' rights.";
(5) stating the rights of victims of crime under Section 57.002;
(6) summarizing each procedural stage in the processing of a
juvenile case, including preliminary investigation, detention,
informal adjustment of a case, disposition hearings, release
proceedings, restitution, and appeals;
(7) suggesting steps the victim may take if the victim is
subjected to threats or intimidation;
(8) stating the case number and assigned court for the case; and
(9) stating that the victim has the right to file a victim
impact statement and to have it considered in juvenile
proceedings.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 51, eff. Jan. 1,
1996.
Sec. 57.004. NOTIFICATION. A court, a person appointed by the
court, or the Texas Youth Commission is responsible for notifying
a victim, guardian of a victim, or close relative of a deceased
victim of a proceeding under this chapter only if the victim,
guardian of a victim, or close relative of a deceased victim
requests the notification in writing and provides a current
address to which the notification is to be sent.
Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14,
1989.
Sec. 57.005. LIABILITY. The Texas Youth Commission, a juvenile
board, a court, a person appointed by a court, an attorney for
the state, a peace officer, or a law enforcement agency is not
liable for a failure or inability to provide a right listed under
Section 57.002 of this code.
Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14,
1989.
Sec. 57.006. APPEAL. The failure or inability of any person to
provide a right or service listed under Section 57.002 of this
code may not be used by a child as a ground for appeal or for a
post conviction writ of habeas corpus.
Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14,
1989.
Sec. 57.007. STANDING. A victim, guardian of a victim, or close
relative of a victim does not have standing to participate as a
party in a juvenile proceeding or to contest the disposition of
any case.
Added by Acts 1989, 71st Leg., ch. 633, Sec. 1, eff. June 14,
1989.
Sec. 57.008. COURT ORDER FOR PROTECTION FROM JUVENILES. (a) A
court may issue an order for protection from juveniles directed
against a child to protect a victim of the child's conduct who,
because of the victim's participation in the juvenile justice
system, risks further harm by the child.
(b) In the order, the court may prohibit the child from doing
specified acts or require the child to do specified acts
necessary or appropriate to prevent or reduce the likelihood of
further harm to the victim by the child.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 52, eff. Jan. 1,
1996.