§ 56A.0521 — ADDITIONAL RIGHTS OF VICTIMS OF CERTAIN FAMILY VIOLENCE OFFENSES, STALKING, AND VIOLATION OF PROTECTIVE ORDER OR CONDITION OF BOND.

Texas § 56A.0521

• Jurisdiction: Texas
• Code CR: Code of Criminal Procedure

Text

Art. 56A.0521. ADDITIONAL RIGHTS OF VICTIMS OF CERTAIN FAMILY VIOLENCE OFFENSES, STALKING, AND VIOLATION OF PROTECTIVE ORDER OR CONDITION OF BOND. (a) This article applies only to an offense:
(1) involving family violence;
(2) under Section 42.072 , Penal Code; or
(3) under Section 25.07 , 25.071 , or 25.072 , Penal Code, if a violation that is an element of the offense occurred through the commission of an assault, aggravated assault, or sexual assault or the offense of stalking, regardless of whether that violation occurred with respect to a person whose relationship to or association with the defendant is described by Section 71.0021 (b), 71.003 , or 71.005 , Family Code.
(b) A victim, guardian of a victim, or close relative of a deceased victim of an offense described by Subsection (a) is entitled to the following rights within the criminal justice system:
(1) if requested, the right to a disclosure of information regarding:
(A) any evidence that was collected during the investigation of the offense, unless disclosing the information would interfere with the investigation or prosecution of the offense, in which event the victim, guardian, or relative shall be informed of the estimated date on which that information is expected to be disclosed; and
(B) the status of any analysis being performed on any evidence described by Paragraph (A);
(2) if requested, the right to be notified at the time a request is submitted to a crime laboratory to process and analyze any evidence that was collected during the investigation of the offense;
(3) if requested, the right to be informed about, and confer with the attorney representing the state regarding, the disposition of the offense, including sharing the victim's, guardian's, or relative's views regarding:
(A) a decision not to file charges;
(B) the dismissal of charges;
(C) the use of a pretrial intervention program; or
(D) a plea bargain agreement;
(4) the right to be notified that the attorney representing the state does not represent the victim, guardian of a victim, or close relative of a deceased victim; and
(5) for an offense under Section 42.072 , Penal Code, all of the rights provided to victims, parents, and guardians as described by Article 56A.052 (d), for the offenses to which that subsection applies.
(c) Subject to Subsection (d), a victim, guardian of a victim, or close relative of a deceased victim who requests to be notified or receive information under Subsection (b) must:
(1) provide a current address and phone number to the attorney representing the state and the law enforcement agency that is investigating the offense;
(2) inform the attorney representing the state and the law enforcement agency of any change in the address or phone number; and
(3) if the victim, guardian, or relative chooses to receive notifications by e-mail, provide an e-mail address and update any change in that e-mail address.
(d) A victim, guardian of a victim, or close relative of a deceased victim may designate a person, including an entity that provides services to victims of an offense described by Subsection (a), to receive any notice requested under Subsection (b)(2). This person may not be the person charged with the offense.
(e) If a victim of an offense described by Subsection (a) is also entitled to additional rights under Article 56A.052 , or if a conflict exists between this article and Article 56A.052 , that article controls.

Legislative History

Added by Acts 2025, 89th Leg., R.S., Ch. 797 (S.B. 1120 ), Sec. 5, eff. September 1, 2025.