FAMILY CODE
CHAPTER 57. RIGHTS OF VICTIMS
§ 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, § 1, eff. June 14, 1989.
Amended by Acts 1995, 74th Leg., ch. 262, § 49, eff. Jan. 1,
1996; Acts 1997, 75th Leg., ch. 368, § 1, eff. Sept. 1, 1997.
§ 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.
Added by Acts 1989, 71st Leg., ch. 633, § 1, eff. June 14, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(110), eff. Sept.
1, 1995; Acts 1995, 74th Leg., ch. 262, § 50, eff. Jan. 1, 1996;
Acts 2001, 77th Leg., ch. 1034, § 8, eff. Sept. 1, 2001.
§ 57.003. DUTY OF JUVENILE BOARD. (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.
Added by Acts 1989, 71st Leg., ch. 633, § 1, eff. June 14, 1989.
Amended by Acts 1995, 74th Leg., ch. 262, § 51, eff. Jan. 1,
1996.
§ 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, § 51, eff. Jan. 1, 1996.
§ 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, § 1, eff. June 14, 1989.
§ 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, § 1, eff. June 14, 1989.
§ 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, § 1, eff. June 14, 1989.
§ 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, § 1, eff. June 14, 1989.
§ 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, § 52, eff. Jan. 1, 1996.
