15A-830. (Effective until January 1, 2023) Definitions. (a) The following definitions apply in this Article: (1) Accused. – A person who has been arrested and charged with committing a crime covered by this Article. (2) Arresting law enforcement agency. – The law enforcement agency that makes the arrest of an accused. (2a) Court proceeding. – […]
15A-830.5. Victim’s rights. (a) A victim of crime shall be treated with dignity and respect by the criminal justice system. (b) A victim has the following rights: (1) The right, upon request, to reasonable, accurate, and timely notice of court proceedings of the accused. (2) The right, upon request, to be present at court proceedings […]
15A-831. Responsibilities of law enforcement agency. (a) As soon as practicable but within 72 hours after identifying a victim covered by this Article, the investigating law enforcement agency shall provide the victim with at least the following information in writing, on a form created by the Conference of District Attorneys: (1) The availability of medical […]
15A-831.1. Polygraph examinations of victims of sexual assaults. (a) A criminal or juvenile justice agency shall not require a person claiming to be a victim of sexual assault or claiming to be a witness regarding the sexual assault of another person to submit to a polygraph or similar examination as a precondition to the agency […]
15A-832. (Effective until January 1, 2023) Responsibilities of the district attorney’s office. (a) Within 21 days after the arrest of the accused, but not less than 24 hours before the accused’s first scheduled probable-cause hearing, the district attorney’s office shall provide to the victim a pamphlet or other written material that explains in a clear […]
15A-832.1. Responsibilities of judicial officials. (a) In issuing a pleading as provided in G.S. 15A-921, for any misdemeanor offense against the person based on testimony or evidence from a complaining witness rather than from a law enforcement officer, a judicial official shall record the defendant’s name and the victim’s name, address, and telephone number electronically […]
15A-833. Evidence of victim impact. (a) A victim has the right to offer admissible evidence of the impact of the crime, which shall be considered by the court or jury in sentencing the defendant. The evidence may include the following: (1) A description of the nature and extent of any physical, psychological, or emotional injury […]
15A-834. Restitution. A victim has the right to receive restitution as ordered by the court pursuant to Article 81C of Chapter 15A of the General Statutes. (1998-212, s. 19.4(c).)
15A-834.5. Enforcement of the rights of a victim. (a) A victim may assert the rights provided in this Article pursuant to Section 37 of Article I of the North Carolina Constitution. In no event shall any underlying proceeding be subject to undue delay for the enforcement provided in this section. The procedure by which a […]
15A-835. Posttrial responsibilities. (a) Within 30 days after the final court proceeding in the case, the district attorney’s office shall notify the victim, in writing, of: (1) The final disposition of the case. (2) The crimes of which the defendant was convicted. (3) The defendant’s right to appeal, if any. (4) The telephone number of […]
15A-836. Responsibilities of agency with custody of defendant. (a) When a form is included with the final judgment and commitment pursuant to G.S. 15A-832(g), or when the victim has otherwise filed a written request for notification with the custodial agency, the custodial agency shall notify the victim of: (1) The projected date by which the […]
15A-837. (Effective until January 1, 2023) Responsibilities of Section of Community Corrections of the Division of Adult Correction and Juvenile Justice. (a) The Section of Community Corrections of the Division of Adult Correction and Juvenile Justice shall notify the victim of: (1) The defendant’s regular conditions of probation or post-release supervision, special or added conditions, […]
15A-838. Notice of commuted sentence or pardon. The Governor’s Clemency Office shall notify a victim when it is considering commuting the defendant’s sentence or pardoning the defendant. The Governor’s Clemency Office shall also give notice that the victim has the right to present a written statement to be considered by the Office before the defendant’s […]
15A-839. No money damages. This Article, including the provision of a service pursuant to this Article through the Statewide Automated Victim Assistance and Notification System established by the Governor’s Crime Commission, does not create a claim for damages against the State, a county, or a municipality, or any of its agencies, instrumentalities, officers, or employees. […]
