§ 17-17-4. Designation of Family Member to Act in Place of Physically Disabled Victim
If a victim is physically unable to exercise privileges and rights under this chapter, the victim may designate by written instrument his or her spouse, adult child, parent, sibling, or grandparent to act in place of the victim during the duration of the physical disability. During the physical disability, notices to be provided under this […]
§ 17-17-16. Temporary Restraining and Protective Orders
As used in this Code section, the term: “Course of conduct” spans a series of acts over a period of time, however short, indicating a continuity of purpose. “Harassment” means a course of conduct directed at a specific person that causes substantial emotional distress in such person. A superior court, upon application of a prosecuting […]
§ 17-17-5. Notification to Victim of Accused’s Arrest, Release, Judicial Proceedings, Escape, and Violations of Electronic Release and Monitoring Program
All victims, wherever practicable, shall be entitled to notification of: The accused’s arrest; The accused’s release from custody; Any judicial proceeding at which the release of the accused will be considered; An escape by the accused and his or her subsequent rearrest; and If the accused is released from custody and the terms or conditions […]
§ 17-17-5.1. Victim Notification From Department of Behavioral Health and Developmental Disabilities
If the accused is committed to the Department of Behavioral Health and Developmental Disabilities pursuant to the provisions of Part 2 of Article 6 of Chapter 7 of this title, the department shall, upon the written request of the victim, mail to the victim at least ten days before the release or discharge of the […]
§ 17-17-6. Notification to Victim of Accused’s Pretrial Release and of Victims’ Rights and the Availability of Victims’ Compensation and Services
Upon initial contact with a victim, all law enforcement and court personnel shall make available to the victim the following information written in plain language: The possibility of pretrial release of the accused, the victim’s rights and role in the stages of the criminal justice process, and the means by which additional information about these […]
§ 17-17-7. Notification to Victim of Accused’s Arrest and Proceedings Where Accused’s Release Is Considered; Victim’s Right to Express Opinion in Pending Proceedings and to File Written Complaint in Event of Release
Whenever possible, the investigating law enforcement agency shall give to a victim prompt notification as defined in paragraph (9) of Code Section 17-17-3 of the arrest of an accused. The arresting law enforcement agency shall promptly notify the investigating law enforcement agency of the accused’s arrest. Whenever possible, the prosecuting attorney shall notify the victim […]
§ 17-17-8. Notification by Prosecuting Attorney of Legal Procedures and of Victim’s Rights in Relation Thereto; Victims Seeking Restitution
Upon initial contact with a victim, a prosecuting attorney shall give prompt notification to the victim of the following: The procedural steps in processing a criminal case including the right to restitution; The rights and procedures of victims under this chapter; Suggested procedures if the victim is subjected to threats or intimidation; The names and […]
§ 17-17-8.1. Procedures for a Victim to Be Interviewed by an Accused or Accused’s Attorney or Agent; Duties and Conditions
A victim shall have the right to refuse to submit to an interview by the accused, the accused’s attorney, or an agent of the accused. It shall be the duty of the prosecuting attorney to advise a victim that he or she has the right to agree to such an interview or to refuse such […]
§ 17-17-9. Exclusion of Testifying Victim From Criminal Proceedings; Separate Victims’ Waiting Areas
A victim has the right to be present at all criminal proceedings in which the accused has the right to be present. A victim or member of the immediate family of a victim shall not be excluded from any portion of any hearing, trial, or proceeding pertaining to the offense based solely on the fact […]
§ 17-17-9.1. Communications Between Victim Assistance Personnel and Victims Privileged
Communications between a victim, other than a peace officer, and victim assistance personnel appointed by a prosecuting attorney and any notes, memoranda, or other records made by such victim assistance personnel of such communication shall be considered attorney work product of the prosecuting attorney and not subject to disclosure except where such disclosure is required […]