Enrolled Bill Summary

            House Bill 1572 amends provisions of the Code of Criminal Procedure relating to the rights of crime victims to authorize a court, at the request of a party, to order the exclusion of a witness who is the victim, a close relative of a deceased victim, or the guardian of a victim only if the witness is to testify and the court determines that the testimony of the witness would be materially affected by hearing other testimony at trial.

            The bill adds to the rights of a victim, a guardian of a victim, or a deceased victim's close relative the right, on request, to be informed by the prosecuting attorney of relevant court proceedings, including appellate proceedings; to be informed by an appellate court of decisions of the court after the decisions are entered but before the decisions are made public; to request victim-offender mediation coordinated by the victim services division of the Texas Department of Criminal Justice (TDCJ); to be informed of the uses and purposes of a victim impact statement; and to have the victim impact statement considered by the prosecuting attorney and the judge before sentencing or before a plea bargain agreement is accepted and by the Board of Pardons and Paroles before an inmate is released on parole. The bill includes a guardian of a victim and a close relative under the current right given to a victim to be present at all public court proceedings relating to the offense, subject to approval of the judge in the case. The bill provides that the victim's name, address, and telephone number are to be excluded from a victim impact statement given to the defendant or the victim's counsel.

            The bill amends the Government Code to provide that a victim, relative, or guardian is entitled to representation by counsel at a hearing if required by a subpoena to appear, but does not require the state to provide the counsel.

            House Bill 1572 requires the statement given to a victim describing the plea bargaining stage in a criminal trial to specify that the victim impact statement will be considered by the prosecuting attorney in entering into a plea bargain agreement and that the judge, before accepting a plea bargain, is required to ask whether a victim impact statement has been returned to the attorney and, if so, to ask for a copy of the statement.

            Instead of having to make a reasonable attempt to notify, the bill requires the TDCJ to immediately notify the victim, a guardian of a victim, or a deceased victim's close relative whenever an offender escapes from a facility operated by the institutional division of the TDCJ, including whenever the offender is transferred from the custody of the division to the custody of a peace officer under a writ of attachment or a bench warrant.

            House Bill 1572 also requires the victim services division of the TDCJ to train volunteers to act as mediators and to provide mediation services through a referral system. The bill authorizes the Texas Crime Victim Clearinghouse to conduct and charge fees for an annual conference to provide to participants in the criminal justice system training on crime victims' rights. The bill authorizes the pardons and paroles division to waive a parole supervision fee or an administrative fee during any period in which the inmate is required to pay restitution to the victim of the offense.