By: Gallego H.B. No. 2598
73R6840 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right of a crime victim or a representative of a
1-3 crime victim to be present at certain criminal proceedings.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 56, Code of Criminal Procedure, is
1-6 amended by adding Article 56.021 to read as follows:
1-7 Art. 56.021. COURT ATTENDANCE BY CRIME VICTIMS. (a) The
1-8 victim of a criminal offense may be present in any courtroom
1-9 proceeding relating to the offense.
1-10 (b) A judge may not remove a victim of a criminal offense
1-11 from the courtroom during any portion of a hearing or trial
1-12 relating to the offense.
1-13 (c) A victim of a criminal offense is exempt from any other
1-14 law that requires a witness to be separated from any other
1-15 witnesses or excluded from the courtroom during a criminal trial or
1-16 hearing.
1-17 (d) If a victim of a criminal offense is not able to attend
1-18 a hearing or the trial relating to the offense because of death,
1-19 incapacity, or illness, the victim may designate a person to
1-20 represent the victim at the hearing or trial.
1-21 (e) A court may not set aside, reverse, or remand a criminal
1-22 conviction because a victim or the victim's representative fails to
1-23 exercise a right granted by this article.
1-24 (f) It is not a cause or ground for an appeal of a criminal
2-1 conviction that a victim or the victim's representative does not
2-2 exercise a right granted by this article.
2-3 SECTION 2. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended,
2-8 and that this Act take effect and be in force from and after its
2-9 passage, and it is so enacted.