77-37-3 - Bill of Rights.
77-37-3. Bill of Rights.
(1) The bill of rights for victims and witnesses is:
(a) Victims and witnesses have a right to be informed as to the level of protection fromintimidation and harm available to them, and from what sources, as they participate in criminaljustice proceedings as designated by Section 76-8-508, regarding witness tampering, and Section76-8-509, regarding threats against a victim. Law enforcement, prosecution, and correctionspersonnel have the duty to timely provide this information in a form which is useful to thevictim.
(b) Victims and witnesses, including children and their guardians, have a right to beinformed and assisted as to their role in the criminal justice process. All criminal justiceagencies have the duty to provide this information and assistance.
(c) Victims and witnesses have a right to clear explanations regarding relevant legalproceedings; these explanations shall be appropriate to the age of child victims and witnesses. All criminal justice agencies have the duty to provide these explanations.
(d) Victims and witnesses should have a secure waiting area that does not require them tobe in close proximity to defendants or the family and friends of defendants. Agencies controllingfacilities shall, whenever possible, provide this area.
(e) Victims may seek restitution or reparations, including medical costs, as provided inTitle 63M, Chapter 7, Criminal Justice and Substance Abuse, and Sections 62A-7-109.5,77-38a-302, and 77-27-6. State and local government agencies that serve victims have the dutyto have a functional knowledge of the procedures established by the Crime Victim ReparationsBoard and to inform victims of these procedures.
(f) Victims and witnesses have a right to have any personal property returned as providedin Sections 77-24-1 through 77-24-5. Criminal justice agencies shall expeditiously return theproperty when it is no longer needed for court law enforcement or prosecution purposes.
(g) Victims and witnesses have the right to reasonable employer intercession services,including pursuing employer cooperation in minimizing employees' loss of pay and other benefitsresulting from their participation in the criminal justice process. Officers of the court shallprovide these services and shall consider victims' and witnesses' schedules so that activitieswhich conflict can be avoided. Where conflicts cannot be avoided, the victim may request thatthe responsible agency intercede with employers or other parties.
(h) Victims and witnesses, particularly children, should have a speedy disposition of theentire criminal justice process. All involved public agencies shall establish policies andprocedures to encourage speedy disposition of criminal cases.
(i) Victims and witnesses have the right to timely notice of judicial proceedings they areto attend and timely notice of cancellation of any proceedings. Criminal justice agencies havethe duty to provide these notifications. Defense counsel and others have the duty to providetimely notice to prosecution of any continuances or other changes that may be required.
(j) Victims of sexual offenses have a right to be informed of their right to requestvoluntary testing for themselves for HIV infection as provided in Section 76-5-503 and to requestmandatory testing of the convicted sexual offender for HIV infection as provided in Section76-5-502. The law enforcement office where the sexual offense is reported shall have theresponsibility to inform victims of this right.
(2) Informational rights of the victim under this chapter are based upon the victimproviding the victim's current address and telephone number to the criminal justice agencies
involved in the case.
Amended by Chapter 339, 2008 General Session
Amended by Chapter 382, 2008 General Session