| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the rights of victims, guardians of victims, and close |
|
|
relatives of deceased victims in the criminal justice system. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Articles 56A.052(a), (b), and (c), Code of |
|
|
Criminal Procedure, are amended to read as follows: |
|
|
(a) A [If the offense is a sexual assault, a] victim, |
|
|
guardian of a victim, or close relative of a deceased victim of an |
|
|
offense under Section 21.02, 21.11, 22.011, 22.012, 22.021, or |
|
|
42.072, Penal Code, is entitled to the following rights within the |
|
|
criminal justice system: |
|
|
(1) if requested, the right to a disclosure of |
|
|
information regarding: |
|
|
(A) any evidence that was collected during the |
|
|
investigation of the offense, unless disclosing the information |
|
|
would interfere with the investigation or prosecution of the |
|
|
offense, in which event the victim, guardian, or relative shall be |
|
|
informed of the estimated date on which that information is |
|
|
expected to be disclosed; and |
|
|
(B) the status of any analysis being performed on |
|
|
[of] any evidence described by Paragraph (A); |
|
|
(2) if requested, the right to be notified: |
|
|
(A) at the time a request is submitted to a crime |
|
|
laboratory to process and analyze any evidence that was collected |
|
|
during the investigation of the offense; |
|
|
(B) at the time of the submission of a request to |
|
|
compare any biological evidence collected during the investigation |
|
|
of the offense with DNA profiles maintained in a state or federal |
|
|
DNA database; and |
|
|
(C) of the results of the comparison described by |
|
|
Paragraph (B), unless disclosing the results would interfere with |
|
|
the investigation or prosecution of the offense, in which event the |
|
|
victim, guardian, or relative shall be informed of the estimated |
|
|
date on which those results are expected to be disclosed; |
|
|
(3) if requested, the right to counseling regarding |
|
|
acquired immune deficiency syndrome (AIDS) and human |
|
|
immunodeficiency virus (HIV) infection; [and] |
|
|
(4) if requested, the right to be informed about, and |
|
|
confer with the attorney representing the state regarding, the |
|
|
disposition of the offense, including sharing the victim's, |
|
|
guardian's, or relative's views regarding: |
|
|
(A) a decision not to file charges; |
|
|
(B) the dismissal of charges; |
|
|
(C) the use of a pretrial intervention program; |
|
|
or |
|
|
(D) a plea bargain agreement; and |
|
|
(5) for the victim, the right to: |
|
|
(A) testing for acquired immune deficiency |
|
|
syndrome (AIDS), human immunodeficiency virus (HIV) infection, |
|
|
antibodies to HIV, or infection with any other probable causative |
|
|
agent of AIDS; and |
|
|
(B) a forensic medical examination to the extent |
|
|
provided by Subchapters F and G if, within 120 hours of the offense: |
|
|
(i) the offense is reported to a law |
|
|
enforcement agency; or |
|
|
(ii) a forensic medical examination is |
|
|
otherwise conducted by [at] a health care provider. |
|
|
(b) Subject to Subsection (c), a [A] victim, guardian of a |
|
|
victim, or close relative of a deceased victim who requests to be |
|
|
notified or receive information under Subsection (a)(1), (2), or |
|
|
(4) [(a)(2)] must: |
|
|
(1) provide a current address and phone number to the |
|
|
attorney representing the state and the law enforcement agency that |
|
|
is investigating the offense; and |
|
|
(2) [. The victim, guardian, or relative must] inform |
|
|
the attorney representing the state and the law enforcement agency |
|
|
of any change in the address or phone number. |
|
|
(c) A victim, guardian of a victim, or close relative of a |
|
|
deceased victim may designate a person, including an entity that |
|
|
provides services to victims of an offense described by Subsection |
|
|
(a) [sexual assault], to receive any notice requested under |
|
|
Subsection (a)(2). |
|
|
SECTION 2. Subchapter B, Chapter 56A, Code of Criminal |
|
|
Procedure, is amended by adding Article 56A.0531 to read as |
|
|
follows: |
|
|
Art. 56A.0531. ASSERTION OF RIGHTS. A victim, guardian of a |
|
|
victim, or close relative of a deceased victim may assert the rights |
|
|
provided by this chapter either orally or in writing. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |