Who is responsible for notifying a victim of his or her rights when a crime is reported?

While SQ 794 does not state how a victim must be notified of their rights, HB 1102 (effective Nov. 1, 2019) specifies that a law enforcement officer responding to a crime must first notify a victim of their rights. Once the office of the local district attorney chooses to prosecute an alleged criminal, the victim is again notified of their rights by that district attorney’s office.

HB 1102 states: Upon initial contact with a victim, a municipal, county or state law enforcement officer shall provide the victim with a written copy of the constitutional and statutory rights of the victim unless, in the judgment of the law enforcement officer making the initial contact, the circumstances of the criminal offense or delinquent act and condition of the victim indicates that the victim, family of the victim or dependents of the victim will not be able to understand the significance of the constitutional and statutory rights. If a written copy of the constitutional and statutory rights is not provided upon initial contact with the victim, a written copy of the rights shall be provided on the next contact with the victim by a law enforcement officer with the same law enforcement agency no later than twenty-four (24) hours after the initial contact.

… The office of the district attorney's office attorney shall inform victims of violent crimes and members of the immediate family of such victims of their rights under Sections 142A-8 and 142A-9 of this title and Section 332.2 of Title 57 of the Oklahoma Statutes.


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