| Texas Megan's
Law and Victim's Rights
(1)The right to respect
(2)The right to be informed
(3)The right to be present
(4)The right to be heard
30. RIGHTS OF CRIME VICTIMS.
(a) A crime victim has the following rights:
(1) The right to be treated with fairness and with respect for the victim's
dignity and privacy throughout the criminal justice process; and
(2) The
right to be reasonably protected from the accused throughout the criminal
justice process.
(b) On the request of a crime victim, the crime victim has the following
rights:
(1) The right to notification of court proceedings;
(2) The
right to be present at all public court proceedings related to the offense,
unless the victim is to testify and the court determines that the victim's
testimony would be materially affected if the victim bears other testimony at
the trial;
(3) The right to confer with a representative of the prosecutor's
office;
(4) The right to restitution; and
(5) The right to information
about the conviction, sentence, imprisonment, and release of the accused.
(c) The legislature may enact laws to define the term "victim" and to enforce
these and other rights of crime victims.
(d) The state, through its prosecuting attorney, has the right to enforce the
rights of crime victims.
(e) The legislature may enact laws to provide that a judge, attorney for the
state, peace officer, or law enforcement agency is not liable for a failure or
inability to provide a right enumerated in this section. The failure or
inability of any person to provide a right or service enumerated in this section
may not be used by a defendant in a criminal case as a ground for appeal of
post-conviction writ of habeas corpus. A victim or guardian or legal
representative of a victim has standing to enforce the rights enumerated in this
section but does not have standing to participate as a party in a criminal
proceeding or to contest the disposition of any charge.
| Contact Person: |
Registration Issues: Vincent - Crime Records Service, Department of Public
Safety (512) 424-2471.
Compliance/Enforcement Issues: Melissa Hodgson - Crimes Records Service,
Department of Public Safety (512) 424-2200
Vincent at (512) 424-2478 |
| Offenders Required to Register: |
Adult and juvenile sex offenders convicted or adjudicated after September 1,
1970. |
| Information Collected: |
The person's full name, each alias, DOB, sex, race, height, weight, eye
color, hair color, SSN, driver's license number, shoe size, and home address;
photograph, fingerprints, the type of offense the person was convicted of, the
age of the victim, the date of conviction, the punishment received; current
status, and risk assessment (if available). |
| Administrating Agency: |
Texas Department of Public Safety, local law enforcement. |
| Timeframe for Registration: |
Within 7 days of arriving at intended residence or 7 days of changing 7 days
before intended move. |
| Applies to Out of State Offenders: |
Yes. |
| Duration of Requirement: |
Sexually violent offenders and other certain offenses having a child victim
- Life. All other registerable offenses - 10 years. |
| Verification of Address: |
Civil Commitment - every 30 days. Two or more convictions or adjudications
for a sexually violent offense - every 90 days. Single conviction for a sexually
violent offense or any other non-sexually violent offense - annually. |
| Penalties for Non-Compliance: |
If requirement is based on a 10-year registration requirement - State jail
felony. If requirement is based on lifetime registration requirement - third
degree felony. If requirement is based on civil commitment requirement - second
degree felony. Penalty is enhanced 1 level if offender has previously been
convicted of non-compliance. |
| Access to Information: |
Registry data is public information (including offender photograph), but
Social Security Number, phone number, and driver's license number are not
released. Newspaper notification is made on adult offenders only for convictions
or adjudication on or after 9/1/95 where the victim was under the age of 17.
Postcard notification to community on offenders who are assessed a Civil
Commitment or High Risk with a conviction/adjudication date that is on or after
January 1, 2000. Citizens may write to their local law enforcement agency or the
Texas Department of Public Safety (DPS) requesting listings of registered
offenders. CD-ROM of public sex offender information available for
purchase. |
| Confidentiality Provision: |
Release of victim identification information to an unauthorized person is a
Class B misdemeanor. |
| Number Registered: |
28,728. |
| Percent Compliance: |
89% between 9/1/91-8/31/95.* |
| Internet Access: |
http://records.txdps.state.tx.us/
Collins County: http://www.co.collin.tx.us/sheriff/sxoffen.htm
Dallas: http://www.ci.dallas.tx.us/dpd/
Denton County: http://sheriff.co.denton.tx.us/sex_offenders/default.htm
Farmers Branch: http://www.ci.farmers-branch.tx.us/police/sexoffend/index.htm
Garland: http://www.ci.garland.tx.us/Home/Departments/Public+Safety/Police/P10-A+Sex+Offenders_landing.htm
|
|
