SUBCHAPTER J. REQUIRED NOTIFICATIONS BY ATTORNEY REPRESENTING THE STATE

Art. 56A.451. NOTIFICATION OF RIGHTS. (a) Not later than the 10th day after the date that an indictment or information is returned against a defendant for an offense, the attorney representing the state shall give to each victim of the offense a written notice containing:

(1) the case number and assigned court for the case;

(2) a brief general statement of each procedural stage in the processing of a criminal case, including bail, plea bargaining, parole restitution, and appeal;

(3) suggested steps the victim may take if the victim is subjected to threats or intimidation;

(4) the name, address, and phone number of the local victim assistance coordinator; and

(5) notification of:

(A) the rights and procedures under this chapter, Chapter 56B, and Subchapter B, Chapter 58;

(B) the right to file a victim impact statement with the office of the attorney representing the state and the department;

(C) the right to receive information:

(i) regarding compensation to victims of crime as provided by Chapter 56B, including information relating to the costs that may be compensated under that chapter, eligibility for compensation, and procedures for application for compensation under that chapter;

(ii) for a victim of a sexual assault, regarding the payment under Subchapter G for a forensic medical examination; and

(iii) providing a referral to available social service agencies that may offer additional assistance; and

(D) the right of a victim, guardian of a victim, or close relative of a deceased victim, as defined by Section 508.117, Government Code, to appear in person before a member of the board as provided by Section 508.153, Government Code.

(b) The brief general statement required by Subsection (a)(2) that describes the plea bargaining stage in a criminal trial must include a statement that:

(1) a victim impact statement provided by a victim, guardian of a victim, or close relative of a deceased victim will be considered by the attorney representing the state in entering into a plea bargain agreement; and

(2) the judge before accepting a plea bargain agreement is required under Article 26.13(e) to ask:

(A) whether a victim impact statement has been returned to the attorney representing the state;

(B) if a victim impact statement has been returned, for a copy of the statement; and

(C) whether the attorney representing the state has given the victim, guardian of a victim, or close relative of a deceased victim notice of the existence and terms of the plea bargain agreement.

Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.05, eff. January 1, 2021.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 206 (S.B. 1401), Sec. 13, eff. September 1, 2023.