BILL ANALYSIS
C.S.H.B. 11
By: Allen
4-12-95
Committee Report (Substituted)
BACKGROUND
Currently, Texas statute prohibits crime victims and their families
from being allowed to participate in the trial process or the
parole process. The courtroom is routinely sanitized by the
defense so that victims have no say regarding the outcome of the
trial. Some prosecutors and parole panel members allow
participation, but no standard exists to be followed by all trial
participants.
PURPOSE
If enacted, H.B. 11 would set some uniform standards in statute to
allow victims to participate in the trial and parole process. The
bill also addresses victim notifications in cases of a defendant's
escape and transfer, and allows for broader use of the crime
victims compensation fund.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill expressly grants
additional rulemaking authority to the Board of Pardons and Paroles
in SECTION 2.08, subsecection (b).
SECTION BY SECTION ANALYSIS
SECTION 1.01. Amends Article 56.02(a), Code of Criminal Procedure
(CRIME VICTIMS' RIGHTS), as follows:
(3) clarifies the responsibility of the state's attorney to
inform a victim, victim's guardian, or close relative
of a deceased victim of all relevant court proceedings
including appellate proceedings if requested, and any
decision in a court proceeding immediately after the
decision is filed and entered.
(6) replaces the phrase "the Crime Victims Compensation Act
(Article 8309 1, Vernon's Texas Civil Statutes) with
"Subchapter B."
(12) allows the victim or his representatives to request
victim-offender mediation.
(13) allows the victim or his representatives to be present at
all public court proceedings regarding the offense upon
approval of the judge;
(14) allows the victim or his representatives the right to be
informed of the purpose of the use of a victims impact
statement, to be able to complete the statement and to have
the statement considered by the attorney representing the
state and the judge before sentencing or acceptance of a plea
bargain, and by the Board of Pardons and Paroles before
release of the inmate on parole.
Article 56.02(b), Code of Criminal Procedure is deleted.
SECTION 1.02. Amends Article 56.08, Code of Criminal Procedure
(NOTIFICATION OF RIGHTS BY ATTORNEY REPRESENTING THE STATE), by
adding Subsection (d) as follows:
(d) requires the statement describing the plea bargaining
stage in a criminal trial required by Subsection (a)(1) to
include a statement that:
(1) the victim impact statement will be considered by
the state's attorney in entering into the plea bargain;
and
(2) before accepting the plea bargain, the judge ask
whether a victim impact statement has been returned to
the attorney, and if so, ask for a copy.
SECTION 1.03. Amends Chapter 56, Code of Criminal Procedure
(RIGHTS OF CRIME VICTIMS), by adding Article 56.12 as follows:
Art. 56.12. NOTIFICATION OF ESCAPE OR TRANSFER UNDER WRIT OR
WARRANT.
(a) requires the Texas Department of Criminal Justice to
notify immediately the victim or his representatives if the
victim or his representatives has notified the division when
the offender:
(1) escapes from an institutional division facility;
(2) is transferred from a division facility to the
custody of a peace officer under a writ of attachment
or bench warrant; or
(3) dies.
(b) outlines the responsibility of the victim or his
representatives desiring notification of an offender's escape
or transfer to notify TDCJ of the desire and any change of
address.
(c) outlines the items to be included by TDCJ on the notice
under Subsection (a)(2).
SECTION 1.04. Amends Article 42.131, Code of Criminal Procedure
(COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENTS), by adding
Section 14 as follows:
Sec. 14. VICTIM NOTIFICATION.
(a) requires a department to make a reasonable effort to
notify a victim or his representatives of:
(1) the fact that the defendant has been placed on
community supervision;
(2) the conditions of community supervision imposed by
the court; and
(3) the date, time, and location of any hearing at which
conditions of community supervision may be modified, or
at which it may be revoked or terminated.
(b) requires the victim, guardian, or close relative to notify
the department of the desire of notification and if there are
any changes of address.
(c) defines "close relative of a deceased victim," "guardian
of a victim," and "victim."
SECTION 1.05. Amends Article 56.08, Code of Criminal Procedure
(NOTIFICATION OF RIGHT BY ATTORNEY REPRESENTING THE STATE), by
adding Subsection (e) as follows: requires the state's attorney,
upon receipt of the victim's current address and telephone number,
to provide the information immediately to the community supervision
and corrections department.
SECTION 1.06. Amends Section 8(f)(2), Article 42.18, Code of
Criminal Procedure (ADULT PAROLE AND MANDATORY SUPERVISION LAW),
provides that if a parole panel is empaneled in a single location
for a release hearing, the parole panel shall allow the victim,
guardian, or relative to provide a written or oral statement. The
oral statement must be accompanied by a written transcript.
SECTION 1.07. Amends Section 18, Article 42.18, Code of Criminal
Procedure (ADULT PAROLE AND MANDATORY SUPERVISION LAW), as follows:
Sec. 18. CONFIDENTIAL INFORMATION.
(a) clarifies that certain information obtained and kept
regarding inmates confined in the institutional division, a
state jail felony facility, or a county jail is confidential
information and is subject to inspection only on request of
the governor, members of the board, and the Criminal Justice
Policy Council. Information includes victim protest letters
or other correspondence, victim impact statements, lists of
inmates eligible for parole, and inmates' arrest records.
(b) statistical information is subject to public inspection at
any reasonable time.
(c) creates an offense for releasing information to entities
not specifically entitled to it.
(d) classifies the offense under this section as a Class B
misdemeanor.
SECTION 1.08. Amends Article 56.03(e), Code of Criminal Procedure
(VICTIM IMPACT STATEMENT), as follows: after a determination of
guilt but before the imposition of a sentence, excludes the
victim's name, address, and telephone number from the information
the defendant or his counsel may read; replaces the term
"probation" with "community supervision."
SECTION 1.09. Effective date of article: September 1, 1995.
ARTICLE 2.
SECTION 2.01. Amends Subchapter A, Chapter 56, Code of Criminal
Procedure (CRIME VICTIMS' RIGHTS), by adding Article 56.13 as
follows:
Art. 56.13. VICTIM-OFFENDER MEDIATION. Requires the victim
services section of the Texas Department of Criminal Justice to:
(1) train volunteers to act as mediators between victims,
guardian of victims or close relatives of deceased victims and
offenders whose acts caused bodily injury or death; and
(2) to provide mediation services through referral of a
trained volunteer if requested.
SECTION 2.02. Amends Article 42.12, Code of Criminal Procedure
(COMMUNITY SUPERVISION) by adding Section 30 as follows:
Sec. 30. VICTIM-OFFENDER MEDIATION. Requires the court to
encourage the defendant to participate in the mediation program
provided if the judge receives notice that a victim, guardian of a
victim or close relative of a deceased victim of the defendant
being placed on community supervision wishes to participate in
victim-offender mediation. Prohibits the judge from requiring or
rewarding the defendant's participation in mediation.
SECTION 2.03. Amends Article 42.18, Code of Criminal Procedure
(ADULT PAROLE AND MANDATORY SUPERVISION LAW), by adding Section 29
as follows:
Sec. 29. VICTIM-OFFENDER MEDIATION. Requires the pardons and
paroles division, upon notice that a victim, guardian of a victim,
or close relative of a deceased victim wishes to participate in
victim-offender mediation, to encourage the person to participate.
Prohibits the pardons and paroles division from requiring or
rewarding the defendant's participation.
SECTION 2.04. Amends Subchapter A, Chapter 501, Government Code,
by adding Section 501.018 as follows:
Sec. 501.018. VICTIM-OFFENDER MEDIATION. Requires the
institutional division, upon notice that a victim, guardian of a
victim, or close relative of a deceased victim wishes to
participate in victim-offender mediation, to encourage the inmate
to participate. Prohibits the institutional division from
requiring or rewarding the defendant's participation.
SECTION 2.05. Amends Section 415.031(a), Government Code, as
follows:
(a) Requires the commission to consult with the Texas Crime
Victim Clearinghouse or other similar entity to develop
training programs relating to victims of crime.
SECTION 2.06. Amends Section 415.032(b), Government Code, by
expanding the information to be included in training to include
crime victims' rights under Chapter 56, Code of Criminal Procedure.
SECTION 2.07. Amends Section 415.034(b), Government Code, by
expanding the training provided every 24 months for peace officers
to include education and training in crime victims' rights under
Chapter 56, Code of Criminal Procedure.
SECTION 2.08. Amends Chapter 493, Government Code, by adding
Section 493.015 as follows:
Sec. 493.015. INSTRUCTION REGARDING CRIME VICTIMS' ISSUES.
(a) requires The Texas Department of Criminal Justice to
provide an annual four-hour training program in crime
victims' issues through the victims service office of the
department to community supervision and corrections
department officers and parole officers as well as to
members of the Board of Pardons and Paroles.
(b) requires the board of criminal justice to adopt rules to
provide the training required by Subsection (a); requires the
board, in adopting the rules, to consult with the Texas Crime
Victim Clearinghouse; requires the instruction to include
information about:
(1) victims' rights under Chapter 56, Code of Criminal
Procedure; and
(2) the duty of the community supervision and
corrections department officers, parole officers, and
members of the Board of Pardons and Paroles to ensure
that those rights are afforded.
SECTION 2.09.
(a) requires The Commission on Law Enforcement Officer
Standards and Education to establish the new courses and
programs required by this Act no later than January 1, 1996.
(b) requires the first set of courses required under Section
415.034, Government Code, as amended by this Act (for persons
who are officers on September 1, 1995), to be completed before
September 1, 1997.
SECTION 2.10. Requires the Texas Board of Criminal Justice to
establish the programs required by this Act no later than January
1, 1996. Requires persons who are community supervision and
corrections department officers or parole officers or who are
members of the Board of Pardons and Paroles on September 1, 1995,
to complete participation by September 1, 1997.
SECTION 2.11. Effective date of article: September 1, 1995.
ARTICLE 3.
SECTION 3.01. Amends Article 42.18, Code of Criminal Procedure
(ADULT PAROLE AND MANDATORY SUPERVISION LAW) by adding Section 8B
as follows:
Sec. 8B. PAROLEE RESTITUTION FUND.
(a) creates the Parolee Restitution Fund; limits funds to be
used only for restitution to victims as required by a
condition of parole or release to mandatory supervision.
(b) requires the pardons and paroles division to:
(1) collect payment for disbursement to the victim;
(2) deposit the payment in the fund; and
(3) transmit the payment to the victim as soon as
practicable.
(c) requires the pardons and paroles division to attempt
notification of the victim if the victim cannot be located for
receipt of restitution; requires unclaimed money to be
transferred to the victims of crime auxiliary fund in the
state treasury on the fifth anniversary of the date on which
the money was deposited to the credit of the parolee
restitution fund.
SECTION 3.02. Requires the pardons and paroles division of the
Texas Department of Criminal Justice to deposit any restitution
money received before the effective date of this Act but not paid
to a victim no later than the 30th day after the effective date of
the Act.
SECTION 3.03. Effective date: September 1, 1995.
ARTICLE 4
SECTION 4.01. Emergency Clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
ARTICLE 56.01(a), Code of Criminal Procedure, was amended in the
original bill to require the appellate court to inform the victim
of court proceedings after decisions are entered but before they
are made public if requested. The substitute states that the
victim is entitled to any decision in a court proceeding
immediately after the decision is filed and entered.
The substitute adds subsections (12) and (13) to 56.02(a). The
substitute deletes subsection 56.02(b) and reletters the following
subsections.
ARTICLE 56.12 (a)(3), Code of Criminal Procedure is amended in the
substitute to require that TDCJ notify victims if the offender
dies.
ARTICLE 42.131, Sec.14(b), Code of Criminal Procedure, is added in
the substitute to require the victim, guardians or close relative
who want to be notified to let the department know of this desire
and to let the department know of any change in address. Sec.14(e)
adds the phrase "for the purpose of victim notification.
ARTICLE 42.18, Sec.8(f)(2), Code of Criminal Procedure, is amended
in the substitute to change pardons and paroles division to Texas
Department of Criminal Justice. The original bill allowed the
victim, relative, or guardian to send in a written or oral
statement to the parole panel if a hearing is not held. The
substitute states that if a parole panel is empaneled in a single
location for release the written statement or an oral statement may
be provided at the person's discretion. If an oral statement is
provided, it should be accompanied by a written transcript.
ARTICLE 42.18, Sec.18, Code of Criminal Procedure, includes a state
jail felony facility, or a county jail along with the institutional
division regarding information obtained and maintained in
connection with inmates in the substitute; the original did not.
ARTICLE 56.03(e), Code of Criminal Procedure, was amended in the
substitute by adding that after a determination of guilt the court
shall consider the victim impact statement. The original did not
change this part of the section. The substitute allowed that the
court before sentencing the defendant shall permit the defendant
time to read the victim impact statement excluding the name,
address, telephone number of the victim, guardian or close relative
of deceased victim. The original excluded the victim's name only.
Chapter 415, Sec. 031(a), Government Code. The substitute requires
the commission to consult with the Texas Crime Victim Clearinghouse
or other similar entity to develop training programs relating to
victims of crime. The original did not.
Chapter 493, Government Code. The substitute changes the original
by adding the victim services office of the community justice
assistance division to provide an annual four-hour training, and
adds the Board of Pardons and Paroles members to the list of those
who get the training.
Article 42.18, Code of Criminal Procedure. The original bill
stated that the state treasurer shall be the trustee of the parolee
restitution fund. The substitute does not. In the original bill,
funds that were unclaimed were to be transferred to the general
revenue fund; in the substitute the unclaimed funds are to be
deposited to the credit of the parolee restitution fund.
The original bill added Article 42.038, WITHHOLDING FROM EARNINGS
FOR RESTITUTION, the substitute did not include this article.
Sections 3.04, 3.06, of the original were not included in the
substitute.
ARTICLE 56.05, Code of Criminal Procedure, was amended in the
original by adding Subsection (d) requiring the Texas Crime Victim
Clearinghouse to develop and submit recommendations for training on
crime victim's issues. The substitute does not.
Chapter 22, Subchapter B, Government Code, in the original added
JUDICIAL INSTRUCTION REGARDING CRIME VICTIMS ISSUES, and
INSTRUCTION ON CRIME VICTIMS' issues required for prosecutors. The
substitute did not.
Prospective applicability clause in the original was not included
in the substitute.
The requirement for certain sections of the bill to take effect if
a constitutional amendment was approved in the original was deleted
in the substitute.
SUMMARY OF COMMITTEE ACTION
HB 11 was considered by the full committee in a public hearing on
April 3, 1995. A complete substitute for HB 11 was considered. The
following persons testified in favor of the bill:
Representative Richard Raymond, representing himself;
Ronnie Earle, representing himself;
Bill Lewis, representing Mothers Against Drunk Driving (MADD);
and
Patricia A. Day, representing herself.
The following persons who testified for CSHB 11:
Nell Meyers, representing herself.
The following resource person testified on the bill:
Laurel Kelly of the Crime Victim's Compensation Division of
the Office of the Attorney General.
HB 11 was left pending in committee. HB 11 was considered by the
full committee in a formal meeting on April 12, 1995. The
committee considered a complete substitute for the bill. The
substitute was adopted, without objection. HB 11 was reported
favorably as substituted, with the recommendation that it do pass
and be printed, by a record vote of 6 ayes, 0 nays, 0 pnv, and 3
absent.