California Penal Code 679.026 – (a) It is the intent of the people of the State of California in …
(a) It is the intent of the people of the State of California in enacting this section to implement the rights of victims of crime established in § 28 of Article I of the California Constitution to be informed of the rights of crime victims enumerated in the Constitution and in the statutes of this state.
(b) Every victim of crime has the right to receive without cost or charge a list of the rights of victims of crime recognized in § 28 of Article I of the California Constitution. These rights shall be known as “Marsy Rights.”
Terms Used In California Penal Code 679.026
- 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
- 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
(c) (1) Every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act shall, as provided herein, at the time of initial contact with a crime victim, during follow-up investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, provide or make available to each victim of the criminal act without charge or cost a “Marsy Rights” card described in paragraphs (3) and (4).
(2) The victim disclosures required under this section shall be available to the public at a state funded and maintained Web site authorized pursuant to § 14260 of the Penal Code to be known as “Marsy’s Page.”
(3) The Attorney General shall design and make available in “.pdf” or other imaging format to every agency listed in paragraph (1) a “Marsy Rights” card, which shall contain the rights of crime victims described in subdivision (b) of § 28 of Article I of the California Constitution, information on the means by which a crime victim can access the web page described in paragraph (2), and a toll-free telephone number to enable a crime victim to contact a local victim’s assistance office.
(4) Every law enforcement agency which investigates criminal activity shall, if provided without cost to the agency by any organization classified as a nonprofit organization under paragraph (3) of subdivision (c) of Section 501 of the Internal Revenue Code, make available and provide to every crime victim a “Victims’ Survival and Resource Guide” pamphlet and/or video that has been approved by the Attorney General. The “Victims’ Survival and Resource Guide” and video shall include an approved “Marsy Rights” card, a list of government agencies, nonprofit victims’ rights groups, support groups, and local resources that assist crime victims, and any other information which the Attorney General determines might be helpful to victims of crime.
(5) Any agency described in paragraph (1) may in its discretion design and distribute to each victim of a criminal act its own Victims’ Survival and Resource Guide and video, the contents of which have been approved by the Attorney General, in addition to or in lieu of the materials described in paragraph (4).
(Added November 4, 2008, by initiative Proposition 9, Sec. 6.1. Note: Prop. 9 is titled the Victims’ Bill of Rights Act of 2008: Marsy’s Law.)