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California Law (Last Updated: March 4, 2014) |
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Penal Code - PEN |
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Part 1. OF CRIMES AND PUNISHMENTS |
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Title 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME |
Section 679.08.
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(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.
(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 Section 820.2 of the Government Code.