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 15-23-100 – Definitions.
Section 15-23-100 Definitions. As used in this article, the following words shall have the following meanings: (1) ALLEGED VICTIM. A person or persons to whom transmission of body fluids from the perpetrator of the crime occurred or was likely to have occurred in the course of the alleged crime. (2) PARENT OR GUARDIAN OF THE […]
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 15-23-101 – Motion to Order Person Charged to Be Tested for Sexually Transmitted Diseases.
Section 15-23-101 Motion to order person charged to be tested for sexually transmitted diseases. When a person has been charged with the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse, assault by bodily fluids, or any other crime in which the victim was compelled to engage in sexual activity by force or threat […]
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 15-23-102 – Order to Submit to Testing; Designation of Attending Physician; Additional Testing; Access to Results; Post-Test Counseling.
Section 15-23-102 Order to submit to testing; designation of attending physician; additional testing; access to results; post-test counseling. (a)(1) If the district attorney files a motion under Section 15-23-101, the court shall order the person charged to submit to testing if the court determines there is probable cause to believe that the person charged committed […]
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 […]