California Penal Code 679.08 – (a) (1) Whenever there has been a crime committed against a …
(a) (1) Whenever there has been a crime committed against a victim, the law enforcement officer assigned to the case may provide the victim of the crime with a “Victim’s Rights Card,” as specified in subdivision (b).
(2) This section shall be operative in a city or county only upon the adoption of a resolution by the city council or board of supervisors to that effect.
Terms Used In California Penal Code 679.08
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- county: includes "city and county". See California Penal Code 7
- Crime: means an act committed in this state which, if committed by a competent adult, would constitute a misdemeanor or felony. See California Penal Code 679.01
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- person: includes a corporation as well as a natural person. See California Penal Code 7
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
- Victim: means a person against whom a crime has been committed. See California Penal Code 679.01
- Victim advocate: work with prosecutors and assist the victims of a crime.
- Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
(3) This section shall not be interpreted as replacing or prohibiting any services currently offered to victims of crime by any agency or person affected by this section.
(b) A “Victim’s Rights Card” means a card or paper that provides a printed notice with a disclaimer, in at least 10-point type, to a victim of a crime regarding potential services that may be available under existing state law to assist the victim. The printed notice shall include the following language or language substantially similar to the following:
“California law provides crime victims with important rights. If you are a victim of crime, you may be entitled to the assistance of a victim advocate who can answer many of the questions you might have about the criminal justice system.”
“Victim advocates can assist you with the following:
(1) Explaining what information you are entitled to receive while criminal proceedings are pending.
(2) Assisting you in applying for restitution to compensate you for crime-related losses.
(3) Communicating with the prosecution.
(4) Assisting you in receiving victim support services.
(5) Helping you prepare a victim impact statement before an offender is sentenced.”
“To speak with a victim advocate, please call any of the following numbers:”
[Set forth the name and phone number, including area code, of all victim advocate agencies in the local jurisdiction]
“PLEASE NOTE THAT THIS INFORMATION IS PROVIDED IN AN ATTEMPT TO ASSIST THE VICTIM, BY NOTIFYING THE VICTIM ABOUT SOME, BUT NOT NECESSARILY ALL, SERVICES AVAILABLE TO THE VICTIM; THE PROVISION OF THIS INFORMATION AND THE INFORMATION CONTAINED THEREIN IS NOT LEGAL ADVICE AND IS NOT INTENDED TO CONSTITUTE A GUARANTEE OF ANY VICTIM’S RIGHTS OR OF A VICTIM’S ELIGIBILITY OR ENTITLEMENT TO ANY SPECIFIC BENEFITS OR SERVICES.”
(c) Any act or omission covered by this section is a discretionary act pursuant to § 820.2 of the Government Code.
(Added by Stats. 2006, Ch. 94, Sec. 1. Effective January 1, 2007.)