BILL ANALYSIS C.S.H.B. 11 By: Allen (Shapiro) Criminal Justice 5-23-95 Senate Committee Report (Substituted) BACKGROUND Currently, Texas statute prohibits crime victims and their families from being allowed to participate in the trial process. Victims often 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 As proposed, C.S.H.B. 11 sets forth uniform standards in applicable statutes to allow victims to participate in certain criminal proceedings, restitution for victims, and training for officers who deal with victims; provides a penalty. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 8(f)(2), Article 42.18, Code of Criminal Procedure, to require a parol panel to allow a victim, guardian of a victim, close relative of a deceased victim, or a representative of a victim or his guardian or close relative (affected party) to provide a written statement and to appear in person before the Board of Pardons and Paroles (board) members to present a statement of the person's views about the offense, the defendant and the effect of the offense on the victim. Prohibits this subsection from being construed to limit the number of persons who may provide written statements for or against the release of the prisoner on parole. SECTION 2. Amends Article 56.08(a), Code of Criminal Procedure, to require the attorney representing the state to give to each victim of the offense a written notice containing, among other information, notification of the right to receive information regarding compensation to victims of crime as provided by Subchapter B of this chapter, rather than Article 8309.1, V.T.C.S. (Crime Victims Compensation Act); and notification of the right of an affected party as defined by Section 8(f)(2), Article 42.18 of this code, to appear in person before a member of the board. Makes conforming changes. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause.