rights, victim rights, next of kin

If a victim covered by the Victims' Rights Act is deceased, then the victim's next of kin, in the order given in the definition below, is entitled to exercise the rights of the victim under the Act. However, the right to receive restitution may only be exercised by the personal representative of the victim's estate. A person entitled to exercise the victim's rights, according to the definition of next of kin below, may appoint anyone in the next of kin group to act on behalf of the whole group.

The Victims' Rights Act defines "next of kin" as the victim's spouse, children, parents, siblings or grandparents. (Note: The person accused of committing the offense against the victim may not qualify as the victim's "next of kin" unless the charges are dismissed or the person is found not guilty.)"