Section 12-28-1. – Short title.

§ 12-28-1. Short title. This chapter may be cited as the “Victim’s Bill of Rights”. History of Section.P.L. 1983, ch. 265, § 1.

Section 12-28-10. – Victims of domestic abuse — Employment discrimination.

§ 12-28-10. Victims of domestic abuse — Employment discrimination. (a) No employer, employment agency or licensing agency shall refuse to hire any applicant for employment, or discharge an employee or discriminate against him or her with respect to any matter related to employment, solely by reason of his or her seeking or obtaining a protective […]

Section 12-28-11. – Notification to immediate family members of homicide victims.

§ 12-28-11. Notification to immediate family members of homicide victims. (a) For purposes of this section, “immediate family members” means a spouse and any dependent children of the victim as well as a person who is related to the victim whether by blood, adoption or marriage, as any of the following: father, mother, son, daughter, […]

Section 12-28-12. – Severability.

§ 12-28-12. Severability. If any provision of this chapter or its application to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to […]

Section 12-28-13. – Victim’s economic security and safety.

§ 12-28-13. Victim’s economic security and safety. (a) Every employer in the state, with fifty (50) or more employees, shall allow an employee who is a victim of a crime to leave work to attend court proceedings related to the crime. (b) An employer may not dismiss an employee who is a victim of a […]

Section 12-28-2. – Legislative purpose.

§ 12-28-2. Legislative purpose. In recognition of the responsibility of the community to the victims of crime, the general assembly declares its intent to ensure: (1) That all crime victims are treated with dignity, respect, and sensitivity at all phases of the criminal justice process; (2) That whenever possible they receive financial compensation for their […]

Section 12-28-3. – General rights.

§ 12-28-3. General rights. (a) Each victim of a criminal offense who makes a timely report of the crime and who cooperates with law enforcement authorities in the investigation and prosecution of the offense shall have the following rights: (1) To be notified no less frequently than every three (3) months by law enforcement authorities […]

Section 12-28-4. – Right to address court prior to sentencing.

§ 12-28-4. Right to address court prior to sentencing. (a) Prior to the imposition of sentence upon a defendant who has been adjudicated guilty of a crime in a trial, the victim of the criminal offense shall be afforded the opportunity to address the court regarding the impact which the defendant’s criminal conduct has had […]

Section 12-28-4.1. – Right to address court regarding plea negotiation.

§ 12-28-4.1. Right to address court regarding plea negotiation. (a) Prior to acceptance by the court of a plea negotiation and imposition of sentence upon a defendant who has pleaded nolo contendere or guilty to a crime, the victim of the criminal offense shall, upon request, be afforded the opportunity to address the court regarding […]

Section 12-28-4.2. – Representative of incapacitated victim.

§ 12-28-4.2. Representative of incapacitated victim. A member of the immediate family of a victim who is under the age of twelve (12) at the time of sentencing, or who is personally unable to exercise the rights established by this chapter due to physical incapacity resulting from the crime, shall, upon request, be afforded the […]

Section 12-28-4.3. – Pretrial conferences — Misdemeanors in district court.

§ 12-28-4.3. Pretrial conferences — Misdemeanors in district court. (a) In all misdemeanor cases heard before the district court, the victim of the alleged criminal offense shall be afforded the opportunity to address the court during the pretrial conference, unless the judge determines, based on the facts of the particular case, that the presence of […]

Section 12-28-5. – Civil judgment against defendant.

§ 12-28-5. Civil judgment against defendant. (a) Upon his or her final conviction of a felony after a trial by jury, a civil judgment shall automatically be entered by the trial court against the defendant conclusively establishing his or her liability to the victim for any personal injury and/or loss of property that was sustained […]

Section 12-28-5.1. – Restitution.

§ 12-28-5.1. Restitution. When the court orders a defendant to make financial restitution to the victim of a crime of which the defendant has been convicted or to which the defendant has pleaded guilty or nolo contendere, a civil judgment shall automatically be entered by the trial court against the defendant on behalf of the […]

Section 12-28-6. – Right to address parole board.

§ 12-28-6. Right to address parole board. (a) Prior to acting upon the petition or any continuance of the petition of an inmate at the adult correctional institutions or the women’s reformatory, the parole board shall notify the victim, if he or she is identified and his or her residence is known, of the criminal […]

Section 12-28-7. – Noncompliance not affecting validity of conviction, sentence, or parole.

§ 12-28-7. Noncompliance not affecting validity of conviction, sentence, or parole. Failure to afford the victim of a felony offense any of the rights established by this chapter shall not constitute grounds for vacating an otherwise lawful conviction, or for voiding an otherwise lawful sentence or parole determination. History of Section.P.L. 1983, ch. 265, § […]

Section 12-28-8. – Child victims.

§ 12-28-8. Child victims. (a) The general assembly finds that it is necessary to provide child victims and witnesses in family, district or superior court with special consideration and treatment beyond that usually afforded to adults. It is the intent of this section to provide these children with additional rights and protection during their involvement […]

Section 12-28-9. – Victims’ services unit.

§ 12-28-9. Victims’ services unit. (a) There is created within the state court system a victims’ services unit which shall be responsible for assisting victims of crimes adjudicated in the superior, family, and district courts in the exercise of their rights as set forth in this chapter, and it shall be administered by the state […]