BILL ANALYSIS S.B. 48 By: Shapiro (Allen) 04-25-95 Committee Report (Amended) BACKGROUND A crime victim is currently allowed to provide a written statement to the Board of Pardons and Paroles when an offender is being considered for parole, but the victim is not allowed to appear before the board. PURPOSE As proposed, S.B. 48 provides the victim of a crime the right to appear in person before the parole panel. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 8 (f) (2), Article 42.18, Code of Criminal Procedure, to require the parole panel of the Board of Pardons and Paroles (board) to entitle the victim, victim's guardian, close relative of a deceased victim, or a representative of a victim or his guardian or close relative to make a statement in person before the board members regarding the offense, the defendant, and the effect of the offense on the victim. Makes conforming changes. SECTION 2. Amends Article 56.08 (a), Code of Criminal Procedure, to require the victim to be notified of their right to appear in person before a member of the board. Makes conforming and nonsubstantive changes. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause. EXPLANATION OF AMENDMENTS The proposed committee amendment adds language to require the parole panel to allow one person to appear in person before the board members. This person may be the victim, or the legal guardian of the victim or close relative of the deceased victim. The amendment also provides for a sole representative to be chosen by all persons, to appear before the board. SUMMARY OF COMMITTEE ACTION S.B. 48 was considered by the Committee on Corrections in a public hearing on April 18, 1995. The Chair recognized Representative Allen to explain the bill. The Chair recognized the following person to testify neutrally on the bill: Carl Reynolds, representing the Texas Board of Criminal Justice. The bill was left pending. S.B. 48 was considered by the committee in a public hearing on April 25, 1995. The committee considered one amendment to the bill. The amendment was adopted without objection. The bill was reported favorably, as amended, with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.