2009 Texas Code
FAMILY CODE
TITLE 3. JUVENILE JUSTICE CODE
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.