Section 15-23-66 – No Right to Direct Prosecution.
Section 15-23-66 No right to direct prosecution. The rights of the victim do not include the authority to direct the prosecution of the case. (Acts 1995, No. 95-583, p. 1234, §7.)
Section 15-23-82 – Clerk of Court to Accept and Disburse Restitution.
Section 15-23-82 Clerk of court to accept and disburse restitution. The clerk of the court is authorized and shall accept partial payments from defendants when directed to do so by the court, pursuant to the conditions in Section 12-19-26. The clerk of the court shall disburse restitution to victims or the authorized recipient, including partial […]
Section 15-23-67 – Right to Be Present Throughout Proceedings.
Section 15-23-67 Right to be present throughout proceedings. The victim has the right to be present throughout all criminal proceedings pursuant to Section 15-14-50 et seq. (Acts 1995, No. 95-583, p. 1234, §8.)
Section 15-23-83 – Assertion of Rights by Attorney General or District Attorney.
Section 15-23-83 Assertion of rights by Attorney General or district attorney. The Attorney General or district attorney may assert any right to which the victim is entitled. (Acts 1995, No. 95-583, p. 1234, §24.)
Section 15-23-68 – Waiting Area for Victim; Court to Minimize Contact of Victim With Defendant.
Section 15-23-68 Waiting area for victim; court to minimize contact of victim with defendant. The court shall provide a waiting area for the victim separate from the defendant, relatives of the defendant, and defense witnesses, if an area is available and the use of the area is practical. If a separate waiting area is not […]
Section 15-23-84 – Failure to Provide Right or Notice Not Grounds for Setting Aside Sentence.
Section 15-23-84 Failure to provide right or notice not grounds for setting aside sentence. The failure to provide a right, privilege, or notice to a victim under this article shall not be grounds for the defendant to seek to have the conviction or sentence set aside. (Acts 1995, No. 95-583, p. 1234, §25.)
Section 15-23-69 – Testimony Concerning Information About Victim; Information About Victim in Court File.
Section 15-23-69 Testimony concerning information about victim; information about victim in court file. (a) Based upon the reasonable apprehension of the victim of acts or threats of physical violence or intimidation by the defendant, the family of the defendant, or by anyone at the direction of the defendant, against the victim or the immediate family […]
Section 15-23-70 – Right to Refuse Defendant’s Request for Interview.
Section 15-23-70 Right to refuse defendant’s request for interview. The victim has the right to refuse a request by the defendant, the attorney of the defendant, or by any other person acting on behalf of the defendant, for an interview or other communication with the victim. (Acts 1995, No. 95-583, p. 1234, §11.)
Section 15-23-71 – Plea Agreement.
Section 15-23-71 Plea agreement. The victim has the right to be present at any proceeding at which a negotiated plea for the person accused of committing the criminal offense against the victim will be presented to the court. The court shall not accept a plea agreement unless: (1) The prosecuting attorney advises the court that, […]
Section 15-23-72 – Right to Pre-Sentence Information.
Section 15-23-72 Right to pre-sentence information. The prosecuting attorney shall provide to the victim the date of a conviction, acquittal, or dismissal of the charges filed against the defendant and prior to sentencing, when applicable, notice of the following: (1) The criminal offense for which the defendant was convicted, acquitted, or the effect of a […]