40-38-102 - Rights of crime victims and prosecution witnesses. - Tennessee Statutes

40-38-102. Rights of crime victims and prosecution witnesses.

(a)  All victims of crime and prosecution witnesses have the right to:

     (1)  Be treated with dignity and compassion; and

     (2)  Protection and support with prompt action in the case of intimidation or retaliation from the defendant and the defendant's agents or friends.

(b)  (1)  Without requiring the expenditure of additional funds or additional construction or renovation, whenever possible, victims of crime and prosecution witnesses should be provided waiting areas that are separate and secure from the defendant or defense witnesses during all stages of the judicial process.

     (2)  In order to accomplish the goals of this section, the court security committee established by § 16-2-505(d)(2) shall have among its duties the responsibility to assess existing facilities to determine where space could be allocated to provide the secure waiting areas described in subdivision (b)(1). A report of this assessment shall be included in the findings provided to the county legislative body and the administrative office of the courts pursuant to § 16-2-505(d)(3)(B). In cases where the committee determines that existing facilities cannot accommodate the goals of this section, the committee shall include in its report recommendations as to how a secure waiting area could be provided for in new construction and renovation projects. In a jurisdiction where existing facilities cannot meet the goals of this section, the local government should consider the recommendation of the committee's report in planning for any new construction or renovation of courtroom facilities.

(c)  All victims of crime shall have the right to collect court-ordered restitution in the same manner as a civil judgment, as authorized pursuant to § 37-1-131(b)(2) or § 40-35-304(h).

[Acts 1990, ch. 957, § 2; 1993, ch. 527, § 2; 1996, ch. 1044, § 1; 2001, ch. 370, § 1.]