The rights afforded to victims of crime under Texas law include:

The right to receive adequate protection from harm and threats of harm arising from cooperation with prosecution efforts.

 

The right to privacy which includes excluding the victim’s address from the court file except as necessary to identify the place of the crime and excluding the victim’s telephone (and other contact information) from the court file entirely.

 

The right to receive information about Crime Victims’ Compensation.

 

The right to be notified if the accused is released or escapes from custody.

 

The right to be notified of:

 

• • • • the general procedures in the criminal justice system including plea negotiations, restitution, appeals, and the parole process.
      • relevant court proceedings, including when proceedings are canceled or rescheduled.
      • scheduled court proceedings, changes in that schedule, and the filing of a request for a continuance.
      • the existence and terms of any plea agreement to be presented to the court.

 

The right to have a prosecutor contact the victim’s employer about the need for a victim to be absent from work so they may participate and testify in a court proceeding.

 

The right to be informed of the uses and purpose of a victim impact statement.

 

The right to complete a victim impact statement.

 

The right to have the victim impact statement considered by the prosecutor and the judge before sentencing and before a plea agreement is accepted.

 

The right to have all these rights ensured and explained.

 

The right to have the magistrate consider the safety of the victim or the victim’s family when setting the accused’s bail and the conditions for the accused’s release.

 

The right to have a separate waiting area from the accused, the accused’s family, and any witnesses for the accused before testifying in any court proceeding.

 

Victims of sexual assault, indecent assault, stalking, or trafficking have additional rights, including:

 

If requested, the right to:

• • • • • Receive information about any evidence that was collected during the investigation of an offense. If disclosure of this information would interfere with the investigation or prosecution, then the prosecutor shall provide an estimated date when the information is expected to be disclosed.
        • Receive information regarding the status of any analysis being performed on evidence collected during the investigation of an offense.
        • Be notified when a request is made for a crime laboratory to process or analyze evidence.
        • Be notified of a request to compare biological evidence collected during an investigation with DNA profiles maintained in state and federal databases.
        • Be notified of the results of any analysis of evidence or comparison of biological evidence collected with other DNA profiles. If the disclosure of results would interfere with the investigation or prosecution of the offense, then the victim will be provided with an estimated date of disclosure.
        • Receive counseling and testing for AIDS and HIV-related infections.

 

The notices and disclosures described above will be provided to the victim, the victim’s attorney, or the victim’s designee.

 

*The rights of crime victims are defined by the Texas Constitution Article 1, § 30, Crime Victims’ Bill of Rights and the Texas Code of Criminal Procedure (CCP) Chapter 56A, Rights of Crime Victims. Read more about Texas Crime Victims’ Rights here (en Español).