§ 21-142A-3. Informing victim of rights.

A.  Upon the preliminary investigation of a violent crime, it shall be the duty of the officer who interviews the victim of such crime to inform the victim, or a responsible adult if the victim is a minor child or an incompetent person, or the family member who receives death notification in the case of a homicide, in writing, of their rights as a crime victim.  Written notification shall consist of handing the victim, responsible adult, if the victim is a minor child or an incompetent person, or family member receiving death notification, a preprinted card or brochure that, at a minimum, includes the following information:

1.  A statement that reads, “As a victim of crime, you have certain rights”;

2.  Telephone and address information for the local District Attorney Victim-Witness Coordinator; and

3.  The website address where victims can access a full list of their rights, additional information, and how to apply for crime victim compensation assistance.

B.  A victim of domestic abuse has the right to be informed by the first peace officer who interviews the victim of domestic abuse of the twenty-four-hour statewide telephone communication service established by Section 18p-5 of Title 74 of the Oklahoma Statutes and to give notice to the victim of certain rights.  The notice shall consist of handing such victim the following statement:

"As a victim of domestic abuse, you have certain rights.  These rights are as follows:

1.  The right to request that charges be pressed against your assailant;

2.  The right to request protection from any harm or threat of harm arising out of your cooperation with law enforcement and prosecution efforts as far as facilities are available and to be provided with information on the level of protection available;

3.  The right to be informed of financial assistance and other social services available as a result of being a victim, including information on how to apply for the assistance and services; and

4.  The right to file a petition for a protective order or, when the domestic abuse occurs when the court is not open for business, to request an emergency temporary protective order."

C.  The victim of rape or forcible sodomy has the right to be informed by the officer who interviews the victim of the rape or forcible sodomy, or a responsible adult if the victim is a minor child or an incompetent person, of the twenty-four-hour statewide telephone communication service established by the Office of the Attorney General for victims of sexual assault pursuant to Section 18p-5 of Title 74 of the Oklahoma Statutes and to give notice to the victim or such responsible adult of certain rights of the victim.  The notice shall consist of handing such victim or responsible adult a written statement in substantially the following form:

“As a victim of the crime of rape or forcible sodomy, you have certain rights.  These rights are as follows:

1.  The right to request that charges be pressed against your assailant;

2.  The right to request protection from any harm or threat of harm arising out of your cooperation with law enforcement and prosecution efforts as far as facilities are available and to be provided with information on the level of protection available;

3.  The right to be informed of financial assistance and other social services available to victims, including information on how to apply for the assistance and services;

4.  The right to a free forensic medical examination; and

5.  The right to be informed by the district attorney of other victim's rights available pursuant to Section 142A-2 of Title 21 of the Oklahoma Statutes.”

Added by Laws 2010, c. 135, § 5, eff. Nov. 1, 2010.