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§ 40-38-101. Legislative Intent — Short Title

The general assembly finds and declares that victims and witnesses shall have certain rights in this state and that they shall be made aware of these rights. This part shall be known and may be cited as the “Victims’ Bill of Rights.”

§ 40-38-102. Rights of Crime Victims and Prosecution Witnesses

All victims of crime and prosecution witnesses have the right to: Be treated with dignity and compassion; and Protection and support with prompt action in the case of intimidation or retaliation from the defendant and the defendant’s agents or friends. Without requiring the expenditure of additional funds or additional construction or renovation whenever possible, victims […]

§ 40-38-103. Rights of Crime Victims — Generally

All victims of crime shall, upon their request, have the right to: Be fully informed orally, in writing or by video tape by the office of the district attorney general, acting through the appropriate victim-witness coordinator, of the following: The various steps and procedures involved in the criminal justice system; The procedure and basis for […]

§ 40-38-104. Death of Child or Primary Wage Earner — Compensation — Preferences

If a child is the victim of a homicide not committed by the parents, the parents of the child shall be able to apply to the criminal injuries compensation fund for reimbursement to the parents for expenses incurred in obtaining necessary grief counseling. All vocational schools and technical institutes operated by the board of regents […]

§ 40-38-106. Property Offenses — Rights of Victims

Victims of crimes involving offenses against property shall have the right to: Recover property in the custody of the police or the court as soon as is reasonably possible; Restitution ordered as a condition of probation or a suspended sentence or parole and the swift revocation of the privileges for failure to make the ordered […]

§ 40-38-107. Communication of Rights and Resources to Victim

The state treasurer, in consultation with the executive director of the district attorneys general conference, shall prepare and distribute to each district attorney general a booklet, pamphlet, brochure, handout or other publication that sets forth all of the provisions of this chapter and a summary of any other provision of law or regulation that pertains […]

§ 40-38-108. Immunity for Failure to Comply

Failure to comply with any provision of this part shall not create a cause of action or claim for damages against the state, a political subdivision of the state, a government employee or other official or entity, and no such cause of action shall be maintained. No defendant or person charged with a criminal offense […]

§ 40-38-109. Notice to Crime Victims of Eligibility for Compensation

The office of the district attorney general shall notify, in writing, each victim of a violent crime who may be eligible for compensation under the Criminal Injuries Compensation Act, compiled in title 29, chapter 13, of the methods by which the victim may obtain compensation. The written notice shall be substantially in the form and […]

§ 40-38-110. Victim’s Right to Notification of Proceedings — Confidentiality

A victim of crime has the right to be informed of the following proceedings or occurrences by the appropriate agency at the earliest practicable opportunity: Cancelled or rescheduled hearings; Bail hearing for the defendant; Dismissal of the defendant’s case; Pardon of the defendant; Defendant’s recapture; Defendant’s release from a mental institution under § 33-5-410 or […]

§ 40-38-111. Notifying Victim of Rights — Definitions — Confidentiality

Victims, under the Tennessee Constitution, Article I, § 35, have the right to be informed of proceedings and the right to be informed of each of the rights conferred upon the victims. When a victim appears before a judicial commissioner, magistrate or general sessions court clerk or one of the clerk’s duly sworn deputies to […]

§ 40-38-112. Responsibilities of Office of the Prosecuting Attorney — Duty of Victim

After indictment, presentment or information, the office of the prosecuting attorney, through the victim witness coordinator, shall provide the victim with the following information: The procedural steps involved in a criminal prosecution; Dates, times and places of all proceedings involving the victim’s case; The availability of victim’s compensation benefits; and Forms to invoke compensation benefits […]

§ 40-38-113. Information Required to Be Provided to Victim by Law Enforcement Agencies

Law enforcement agencies shall provide notice of the following information to any victim of crime: The victim’s rights under the Tennessee Constitution, Article I, § 35, to be free from intimidation, harassment and abuse throughout the criminal justice system; The availability, if any, of crisis intervention services and emergency and medical services; The name of […]

§ 40-38-115. Crime Victim Advocate

Any victim of crime may have a crime victim advocate from a crime assistance program or a victim-witness coordinator as provided for in § 8-7-206 present at any defense interviews with the victim. This section applies if practical and if the presence of the crime victim advocate or victim-witness coordinator does not cause any unnecessary […]

§ 40-38-116. Victim’s Right to a Speedy Trial

In any criminal proceeding in which a continuance is requested, the court shall consider the victim’s views and the victim’s right to a speedy trial. If the continuance is granted over the victim’s objection, the court shall state on the record the reason for the continuance and the procedures that have been taken to avoid […]