Notice to Victims of Crimes; Explanation of Appeal Process;

Rights of Victim if Conviction Reversed.

(a)Upon the request of a victim or surviving immediate family members, the prosecuting attorney shall notify the victim of the following:

(1)That the defendant filed an appeal of his or her conviction or sentence or that the prosecuting attorney filed an appeal.

(2)Whether the defendant has been ordered released on bail or other recognizance pending the disposition of the appeal. If the prosecuting attorney is notified that the defendant has been ordered released on bail or other recognizance pending disposition of the appeal, the prosecuting attorney shall use any means reasonably calculated to give the victim notice of that order within twenty-four

(24)hours after the prosecuting attorney is notified of the order.

(3)The time and place of any appellate court proceedings and any changes in the time or place of those proceedings.

(4)The result of the appeal, and if the conviction is ordered reversed, the sentence is vacated, the case is remanded for a new trial, or the prosecuting attorney’s appeal is denied, and if the prosecuting COL120106 CH. 160 CRIME V ICTIM’S R IGHTS ACT OF 2004 attorney has filed the appropriate notice with the appellate court. The prosecuting attorney shall use any means reasonably calculated to give the victim notice of that order within twenty-four

(24)hours after the prosecuting attorney is notified of the order.

(b)If the prosecuting attorney is not successful in notifying the victim or surviving immediate family members of an event described in Subsection

(a)within the period set forth in that Subsection, the prosecuting attorney shall notify the victim of that event as soon as possible by any means reasonably calculated to give the victim prompt actual notice.

(c)Upon the request of the victim, the prosecuting attorney shall provide the victim with a brief explanation in plain English of the appeal process, including the possible dispositions.

(d)If the case is returned to the trial court for further proceedings or a new trial, the victim has the same rights as previously requested during the proceedings that led to the appeal.