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NC DPS »   DPS Services »   Victim Services »   NC SAVAN »   Crime Victims' Rights »   NC Crime Victims Rights Act Explained

NC Crime Victims Rights Act Explained

During the 1998 session, the North Carolina General Assembly defined and passed Article 46 (Crime Victims' Rights Act). This Act places duties of notification on: agencies with custody of defendants, law enforcement agencies, district attorney's, the Attorney General's Office (appellate proceedings) and the Governor's Office (clemency proceedings).

Article 46. Crime Victims' Rights Act

§ 15A-830. Definitions.

The following definitions apply in this Article:

  1. Accused. - A person who has been arrested and charged with committing a crime covered by this Article.
  2. Arresting law enforcement agency. - The law enforcement agency that makes the arrest of an accused.
  3. Custodial agency. - The agency that has legal custody of an accused or defendant arising from a charge or conviction of a crime covered by this Article including, but not limited to, local jails or detention facilities, regional jails or detention facilities, facilities designated under G.S. 122C-252 for the custody and treatment of involuntary clients, or the Division of Adult Correction.
  4. Investigating law enforcement agency. - The law enforcement agency with primary responsibility for investigating the crime committed against the victim.
  5. Law enforcement agency. - An arresting law enforcement agency, a custodial agency, or an investigating law enforcement agency.
  6. Next of kin. - The victim's spouse, children, parents, siblings, or grandparents. The term does not include the accused unless the charges are dismissed or the person is found not guilty.

 

« this page last modified 10/01/12 »

Crime Victims' Rights

  • Federal Justice For All Act
  • NC Crime Victims Rights Act Explained
  • N.C. Declaration of Rights

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https://www.ncdps.gov/dps-services/victim-services/statewide-automated-victim-assistance-and-notification-savan/crime-victims-rights/nc-crime-victims-rights-act-explained