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A BILL TO BE ENTITLED
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AN ACT
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relating to certain rights of crime victims. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 56A.051(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) A victim, guardian of a victim, or close relative of a |
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deceased victim is entitled to the following rights within the |
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criminal justice system: |
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(1) the right to receive from a law enforcement agency |
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adequate protection from harm and threats of harm arising from |
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cooperation with prosecution efforts; |
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(2) the right to: |
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(A) have the magistrate consider the safety of |
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the victim or the victim's family in setting the amount of bail for |
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the defendant; |
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(B) be informed of the amount of bail set for the |
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defendant; and |
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(C) request that the attorney representing the |
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state ask the magistrate to adjust the amount of bail as necessary |
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to ensure the safety of the victim or the victim's family; |
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(3) if requested, the right to be informed: |
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(A) by the attorney representing the state of |
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relevant court proceedings, including appellate proceedings, and |
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to be informed if those proceedings have been canceled or |
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rescheduled before the event; and |
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(B) by an appellate court of the court's |
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decisions, after the decisions are entered but before the decisions |
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are made public; |
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(4) when requested, the right to be informed: |
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(A) by a peace officer concerning the defendant's |
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right to bail and the procedures in criminal investigations; and |
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(B) by the office of the attorney representing |
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the state concerning the general procedures in the criminal justice |
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system, including general procedures in guilty plea negotiations |
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and arrangements, restitution, and the appeals and parole process; |
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(5) the right to provide pertinent information to a |
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community supervision and corrections department conducting a |
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presentencing investigation concerning the impact of the offense on |
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the victim and the victim's family by testimony, written statement, |
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or any other manner before any sentencing of the defendant; |
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(6) the right to receive information regarding |
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compensation to victims of crime as provided by Chapter 56B, |
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including information related to the costs that may be compensated |
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under that chapter and the amount of compensation, eligibility for |
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compensation, and procedures for application for compensation |
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under that chapter, the payment for a forensic medical examination |
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under Article 56A.252 for a victim of an alleged sexual assault, and |
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when requested, to referral to available social service agencies |
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that may offer additional assistance; |
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(7) the right to: |
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(A) be informed, on request, of parole |
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procedures; |
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(B) participate in the parole process; |
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(C) provide to the board for inclusion in the |
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defendant's file information to be considered by the board before |
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the parole of any defendant convicted of any offense subject to this |
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chapter; and |
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(D) be notified, if requested, of parole |
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proceedings concerning a defendant in the victim's case and of the |
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defendant's release; |
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(8) the right to be provided with a waiting area, |
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separate or secure from other witnesses, including the defendant |
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and relatives of the defendant, before testifying in any proceeding |
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concerning the defendant; if a separate waiting area is not |
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available, other safeguards should be taken to minimize the |
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victim's contact with the defendant and the defendant's relatives |
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and witnesses, before and during court proceedings; |
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(9) the right to the prompt return of any of the |
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victim's property that is held by a law enforcement agency or the |
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attorney representing the state as evidence when the property is no |
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longer required for that purpose; |
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(10) the right to have the attorney representing the |
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state notify the victim's employer, if requested, that the victim's |
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cooperation and testimony is necessary in a proceeding that may |
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require the victim to be absent from work for good cause; |
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(11) the right to request victim-offender mediation |
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coordinated by the victim services division of the department; |
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(12) the right to be informed of the uses of a victim |
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impact statement and the statement's purpose in the criminal |
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justice system as described by Subchapter D, to complete the victim |
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impact statement, and to have the victim impact statement |
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considered: |
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(A) by the attorney representing the state and |
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the judge before sentencing or before a plea bargain agreement is |
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accepted; and |
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(B) by the board before a defendant is released |
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on parole; |
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(13) for a victim of an assault or sexual assault who |
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is younger than 17 years of age or whose case involves family |
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violence, as defined by Section 71.004, Family Code, the right to |
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have the court consider the impact on the victim of a continuance |
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requested by the defendant; if requested by the attorney |
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representing the state or by the defendant's attorney, the court |
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shall state on the record the reason for granting or denying the |
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continuance; and |
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(14) if the offense is a capital felony, the right to: |
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(A) receive by mail from the court a written |
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explanation of defense-initiated victim outreach if the court has |
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authorized expenditures for a defense-initiated victim outreach |
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specialist; |
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(B) not be contacted by the victim outreach |
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specialist unless the victim, guardian, or relative has consented |
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to the contact by providing a written notice to the court; and |
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(C) designate a victim service provider to |
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receive all communications from a victim outreach specialist acting |
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on behalf of any person. |
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SECTION 2. This Act takes effect September 1, 2021. |