By Allen, Naishtat, Talton, Greenberg, H.B. No. 11
Raymond, et al.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to participation by victims in certain criminal
1-3 proceedings, restitution for victims, and training for officers who
1-4 deal with victims; providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 ARTICLE 1
1-7 SECTION 1.01. Article 56.02, Code of Criminal Procedure, is
1-8 amended to read as follows:
1-9 Art. 56.02. Crime victims' rights. (a) A victim, guardian
1-10 of a victim, or close relative of a deceased victim is entitled to
1-11 the following rights within the criminal justice system:
1-12 (1) the right to receive from law enforcement agencies
1-13 adequate protection from harm and threats of harm arising from
1-14 cooperation with prosecution efforts;
1-15 (2) the right to have the magistrate take the safety
1-16 of the victim or his family into consideration as an element in
1-17 fixing the amount of bail for the accused;
1-18 (3) the right, if requested, to be informed by the
1-19 attorney representing the state or the attorney's designated
1-20 representative of:
1-21 (A) relevant court proceedings, including
1-22 appellate proceedings, and to be informed if those <court>
1-23 proceedings have been canceled or rescheduled prior to the event;
1-24 and
2-1 (B) any decision in a court proceeding,
2-2 immediately after the decision is filed and entered;
2-3 (4) the right to be informed, when requested, by a
2-4 peace officer concerning the defendant's right to bail and the
2-5 procedures in criminal investigations and by the district
2-6 attorney's office concerning the general procedures in the criminal
2-7 justice system, including general procedures in guilty plea
2-8 negotiations and arrangements, restitution, and the appeals and
2-9 parole process;
2-10 (5) the right to provide pertinent information to a
2-11 probation department conducting a presentencing investigation
2-12 concerning the impact of the offense on the victim and his family
2-13 by testimony, written statement, or any other manner prior to any
2-14 sentencing of the offender;
2-15 (6) the right to receive information regarding
2-16 compensation to victims of crime as provided by Subchapter B of
2-17 this chapter <the Crime Victims Compensation Act (Article 8309-1,
2-18 Vernon's Texas Civil Statutes)>, including information related to
2-19 the costs that may be compensated under that subchapter <Act> and
2-20 the amount of compensation, eligibility for compensation, and
2-21 procedures for application for compensation under that subchapter
2-22 <Act>, the payment for a medical examination under Article 56.06 of
2-23 this code for a victim of a sexual assault, and when requested, to
2-24 referral to available social service agencies that may offer
2-25 additional assistance;
2-26 (7) the right to be informed, upon request, of parole
2-27 procedures, to participate in the parole process, to be notified,
3-1 if requested, of parole proceedings concerning a defendant in the
3-2 victim's case, to provide to the Board of Pardons and Paroles for
3-3 inclusion in the defendant's file information to be considered by
3-4 the board prior to the parole of any defendant convicted of any
3-5 crime subject to this Act, and to be notified, if requested, of the
3-6 defendant's release;
3-7 (8) the right to be provided with a waiting area,
3-8 separate or secure from other witnesses, including the offender and
3-9 relatives of the offender, before testifying in any proceeding
3-10 concerning the offender; if a separate waiting area is not
3-11 available, other safeguards should be taken to minimize the
3-12 victim's contact with the offender and the offender's relatives and
3-13 witnesses, before and during court proceedings;
3-14 (9) the right to prompt return of any property of the
3-15 victim that is held by a law enforcement agency or the attorney for
3-16 the state as evidence when the property is no longer required for
3-17 that purpose;
3-18 (10) the right to have the attorney for the state
3-19 notify the employer of the victim, if requested, of the necessity
3-20 of the victim's cooperation and testimony in a proceeding that may
3-21 necessitate the absence of the victim from work for good cause;
3-22 <and>
3-23 (11) the right to counseling, on request, regarding
3-24 acquired immune deficiency syndrome (AIDS) and human
3-25 immunodeficiency virus (HIV) infection and testing for acquired
3-26 immune deficiency syndrome (AIDS), human immunodeficiency virus
3-27 (HIV) infection, antibodies to HIV, or infection with any other
4-1 probable causative agent of AIDS, if the offense is an offense
4-2 under Section 21.11(a)(1), 22.011, or 22.021, Penal Code;
4-3 (12) the right to request victim-offender mediation
4-4 coordinated by the Texas Department of Criminal Justice;
4-5 (13) the right to be present at all public court
4-6 proceedings related to the offense, subject to the approval of the
4-7 judge in the case; and
4-8 (14) the right to be informed of the uses of a victim
4-9 impact statement and the statement's purpose in the criminal
4-10 justice system, to complete the victim impact statement, and to
4-11 have the victim impact statement considered:
4-12 (A) by the attorney representing the state and
4-13 the judge before sentencing or before a plea bargain agreement is
4-14 accepted; and
4-15 (B) by the Board of Pardons and Paroles before
4-16 an inmate is released on parole.
4-17 (b) <A victim is entitled to the right to be present at all
4-18 public court proceedings related to the offense, subject to the
4-19 approval of the judge in the case.>
4-20 <(c)> The office of the attorney representing the state, and
4-21 the sheriff, police, and other law enforcement agencies shall
4-22 ensure to the extent practicable that a victim, guardian of a
4-23 victim, or close relative of a deceased victim is afforded the
4-24 rights granted by Subsection (a) of this article and, on request,
4-25 an explanation of those rights.
4-26 (c) <(d)> A judge, attorney for the state, peace officer, or
4-27 law enforcement agency is not liable for a failure or inability to
5-1 provide a right enumerated in this article. The failure or
5-2 inability of any person to provide a right or service enumerated in
5-3 this article may not be used by a defendant in a criminal case as a
5-4 ground for appeal, a ground to set aside the conviction or
5-5 sentence, or a ground in a habeas corpus petition. A victim,
5-6 guardian of a victim, or close relative of a deceased victim does
5-7 not have standing to participate as a party in a criminal
5-8 proceeding or to contest the disposition of any charge.
5-9 SECTION 1.02. Article 56.08, Code of Criminal Procedure, is
5-10 amended by adding Subsection (d) to read as follows:
5-11 (d) The brief general statement describing the plea
5-12 bargaining stage in a criminal trial required by Subsection (a)(1)
5-13 shall include a statement that:
5-14 (1) the victim impact statement provided by the
5-15 victim, guardian of a victim, or close relative of a deceased
5-16 victim will be considered by the attorney representing the state in
5-17 entering into the plea bargain agreement; and
5-18 (2) the judge before accepting the plea bargain is
5-19 required under Section 26.13(e) to ask:
5-20 (A) whether a victim impact statement has been
5-21 returned to the attorney; and
5-22 (B) if a statement has been returned, for a copy
5-23 of the statement.
5-24 SECTION 1.03. Subchapter A, Chapter 56, Code of Criminal
5-25 Procedure, is amended by adding Article 56.12 to read as follows:
5-26 Art. 56.12. NOTIFICATION OF ESCAPE OR TRANSFER UNDER WRIT OR
5-27 WARRANT. (a) The Texas Department of Criminal Justice shall
6-1 immediately notify the victim of an offense, the victim's guardian,
6-2 or the victim's close relative if the victim is deceased, if the
6-3 victim, victim's guardian, or victim's close relative has notified
6-4 the department as provided by Subsection (b), whenever the
6-5 offender:
6-6 (1) escapes from a facility operated by the department
6-7 or under contract with the department;
6-8 (2) is transferred from the custody of the department
6-9 for more than one day to the custody of a peace officer under a
6-10 writ of attachment or a bench warrant; or
6-11 (3) dies.
6-12 (b) It is the responsibility of the victim, guardian, or
6-13 close relative desiring notification of an offender's escape or
6-14 transfer from custody under a writ of attachment or bench warrant
6-15 or notification of an offender's death to notify the Texas
6-16 Department of Criminal Justice of the desire for notification and
6-17 any change of address.
6-18 (c) In providing notice under Subsection (a)(2), the Texas
6-19 Department of Criminal Justice shall include the name, office
6-20 address, and office telephone number of the peace officer receiving
6-21 the inmate into custody.
6-22 SECTION 1.04. Article 42.131, Code of Criminal Procedure, is
6-23 amended by adding Section 14 to read as follows:
6-24 Sec. 14. VICTIM NOTIFICATION. (a) A department, using the
6-25 name and address provided by the attorney representing the state
6-26 under Article 56.08(e), shall make a reasonable effort to notify a
6-27 victim of the defendant's crime or, if the victim has a guardian or
7-1 is deceased, to notify the guardian of the victim or close relative
7-2 of the deceased victim of:
7-3 (1) the fact that the defendant has been placed on
7-4 community supervision;
7-5 (2) the conditions of community supervision imposed on
7-6 the defendant by the court; and
7-7 (3) the date, time, and location of any hearing or
7-8 proceeding at which the conditions of the defendant's community
7-9 supervision may be modified or the defendant's placement on
7-10 community supervision may be revoked or terminated.
7-11 (b) It is the responsibility of the victim, guardian, or
7-12 close relative desiring notification under this section to notify
7-13 the department of the desire for notification and any change of
7-14 address.
7-15 (c) In this section, "close relative of a deceased victim,"
7-16 "guardian of a victim," and "victim" have the meanings assigned by
7-17 Article 56.01.
7-18 SECTION 1.05. Article 56.08(a), Code of Criminal Procedure,
7-19 is amended to read as follows:
7-20 (a) Not later than the 10th day after the date that an
7-21 indictment or information is returned against a defendant for an
7-22 offense, the attorney representing the state shall give to each
7-23 victim of the offense a written notice containing:
7-24 (1) a brief general statement of each procedural stage
7-25 in the processing of a criminal case, including bail, plea
7-26 bargaining, parole restitution, and appeal;
7-27 (2) notification of the rights and procedures under
8-1 this chapter;
8-2 (3) suggested steps the victim may take if the victim
8-3 is subjected to threats or intimidation;
8-4 (4) notification of the right to receive information
8-5 regarding compensation to victims of crime as provided by
8-6 Subchapter B of this chapter <the Crime Victims Compensation Act
8-7 (Article 8309-1, Vernon's Texas Civil Statutes)>, including
8-8 information about:
8-9 (A) the costs that may be compensated under
8-10 Subchapter B of this chapter <that Act>, eligibility for
8-11 compensation, and procedures for application for compensation under
8-12 Subchapter B <that Act>;
8-13 (B) the payment for a medical examination for a
8-14 victim of a sexual assault under Article 56.06 of this code; and
8-15 (C) referral to available social service
8-16 agencies that may offer additional assistance;
8-17 (5) the name, address, and phone number of the local
8-18 victim assistance coordinator;
8-19 (6) the case number and assigned court for the case;
8-20 <and>
8-21 (7) the right to file a victim impact statement with
8-22 the office of the attorney representing the state and the pardons
8-23 and paroles division of the Texas Department of Criminal Justice;
8-24 and
8-25 (8) notification of the right of a victim, guardian of
8-26 a victim, or close relative of a deceased victim, as defined by
8-27 Section 8(f), Article 42.18 of this code, to appear in person
9-1 before a member of the Board of Pardons and Paroles as provided by
9-2 Section 8(f)(2), Article 42.18.
9-3 SECTION 1.06. Article 56.08, Code of Criminal Procedure, is
9-4 amended by adding Subsection (e) to read as follows:
9-5 (e) For the purpose of victim notification, an attorney
9-6 representing the state who receives information concerning a
9-7 victim's current address and phone number shall immediately provide
9-8 that information to the community supervision and corrections
9-9 department supervising the defendant, if the defendant is placed on
9-10 community supervision.
9-11 SECTION 1.07. Section 8(f)(2), Article 42.18, Code of
9-12 Criminal Procedure, is amended to read as follows:
9-13 (2) Before a parole panel considers for parole a
9-14 prisoner who is serving a sentence for an offense in which a person
9-15 was a victim, the pardons and paroles division, using the name and
9-16 address provided on the victim impact statement, shall make a
9-17 reasonable effort to notify a victim of the prisoner's crime or if
9-18 the victim has a legal guardian or is deceased, to notify the legal
9-19 guardian or close relative of the deceased victim. If the notice
9-20 is sent to a guardian or close relative of a deceased victim, the
9-21 notice must contain a request by the pardons and paroles division
9-22 that the guardian or relative inform other persons having an
9-23 interest in the matter that the prisoner is being considered for
9-24 parole. The <If a hearing is held, the> parole panel shall allow a
9-25 victim, guardian of a victim, close relative of a deceased victim,
9-26 or a representative of a victim or his guardian or close relative
9-27 to provide a written statement. The parole panel also shall allow
10-1 one person to appear in person before the board members to present
10-2 a statement of the person's views about the offense, the defendant,
10-3 and the effect of the offense on the victim. The person may be the
10-4 victim of the prisoner's crime, or if the victim has a legal
10-5 guardian or is deceased, the legal guardian of the victim or close
10-6 relative of the deceased victim. If more than one person is
10-7 otherwise entitled under this subdivision to appear in person
10-8 before the board, only the person chosen by all persons entitled to
10-9 appear as their sole representative may appear before the board.
10-10 This subsection may not be construed to limit the number of persons
10-11 who may provide written statements for or against the release of
10-12 the prisoner on parole. The parole panel shall consider the
10-13 statements and the information provided in a victim impact
10-14 statement in determining whether or not to recommend parole.
10-15 However, the failure of the pardons and paroles division to comply
10-16 with notice requirements of this subsection is not a ground for
10-17 revocation of parole.
10-18 SECTION 1.08. Subsection (o), Section 8, Article 42.18, Code
10-19 of Criminal Procedure, as added by Section 5, Chapter 10, Acts of
10-20 the 73rd Legislature, 1993, is amended to read as follows:
10-21 (o)(1) In addition to other conditions imposed by a parole
10-22 panel under this article, the parole panel shall <may> require as a
10-23 condition of parole or release to mandatory supervision that an
10-24 inmate serving a sentence for an offense under Section 42.07(a)(7),
10-25 Penal Code, <may> not:
10-26 (A) communicate directly or indirectly with the
10-27 victim; or
11-1 (B) go to or near the residence, place of
11-2 employment, or business of the victim or to or near a school,
11-3 day-care facility, or similar facility where a dependent child of
11-4 the victim is in attendance.
11-5 (2) In establishing the conditions of parole or
11-6 mandatory supervision for an inmate serving a term of imprisonment
11-7 for conviction of an offense under Section 42.07(a)(7), Penal Code
11-8 <If a parole panel requires the prohibition contained in
11-9 Subdivision (1)(B) of this subsection as a condition of parole or
11-10 release to mandatory supervision>, the parole panel shall
11-11 specifically describe the prohibited locations and the minimum
11-12 distances, if any, that the inmate must maintain from the
11-13 locations.
11-14 SECTION 1.09. Article 42.18, Code of Criminal Procedure, is
11-15 amended by adding Section 8C to read as follows:
11-16 Sec. 8C. NO CONTACT WITH VICTIM. (a) If a parole panel
11-17 releases a defendant on parole or to mandatory supervision, the
11-18 panel shall require as a condition of parole or mandatory
11-19 supervision that the defendant not communicate directly or
11-20 indirectly with a victim of the offense or go near a residence,
11-21 school, place of employment, business, or other location, as
11-22 specifically described in the copy of conditions, frequented by a
11-23 victim. At any time after the defendant is released on parole or
11-24 to mandatory supervision, a victim of the offense may petition the
11-25 panel for a modification of the conditions of the defendant's
11-26 parole or mandatory supervision allowing the defendant contact with
11-27 the victim subject to reasonable restrictions.
12-1 (b) To the extent that a condition imposed under this
12-2 section conflicts with an existing court order granting possession
12-3 of or access to a child, the condition imposed under this section
12-4 prevails for a period specified by the panel not to exceed 90 days.
12-5 (c) In this section, "victim" has the meaning assigned by
12-6 Article 56.01.
12-7 (d) Notwithstanding Subsection (a), a defendant may
12-8 participate in victim-offender mediation authorized by Section 29
12-9 on the request of the victim or a guardian of the victim or a close
12-10 relative of a deceased victim.
12-11 SECTION 1.10. Section 18, Article 42.18, Code of Criminal
12-12 Procedure, is amended to read as follows:
12-13 Sec. 18. Confidential Information. (a) All information
12-14 obtained and maintained in connection with inmates confined in <of>
12-15 the institutional division, a state jail felony facility, or a
12-16 county jail who are subject to parole, release to mandatory
12-17 supervision, or executive clemency, or individuals who may be on
12-18 mandatory supervision or parole and under the supervision of the
12-19 pardons and paroles division, or persons directly identified in any
12-20 proposed plan of release for a prisoner is<, including victim
12-21 impact statements, lists of inmates eligible for parole, and
12-22 inmates' arrest records, shall be> confidential and privileged
12-23 information <and shall not be> subject to <public> inspection only
12-24 on request by<; provided, however, that all such information shall
12-25 be available to> the governor, the members of the board, and the
12-26 Criminal Justice Policy Council for the purpose of performing <to
12-27 perform> its duties under Section 413.021, Government Code<, upon
13-1 request>. Information described under this subsection includes
13-2 victim protest letters or other victim correspondence, victim
13-3 impact statements, lists of inmates eligible for parole, and
13-4 inmates' arrest records.
13-5 (b) Statistical <It is further provided that statistical>
13-6 and general information respecting the parole and mandatory
13-7 supervision program and system, including the names of paroled
13-8 prisoners, prisoners released to mandatory supervision, and data
13-9 recorded in connection with parole and mandatory supervision
13-10 services, is <shall be> subject to public inspection at any
13-11 reasonable time.
13-12 (c) A person commits an offense if the person knowingly
13-13 releases to anyone other than the governor, the members of the
13-14 board, or the Criminal Justice Policy Council information that:
13-15 (1) is described under Subsection (a); and
13-16 (2) contains material regarding the victim's identity
13-17 or location.
13-18 (d) An offense under this section is a Class B misdemeanor.
13-19 SECTION 1.11. Article 56.03(e), Code of Criminal Procedure,
13-20 is amended to read as follows:
13-21 (e) After a determination of guilt but before <Prior to> the
13-22 imposition of a sentence by the court in a criminal case, the
13-23 court, if it has received a victim impact statement, shall consider
13-24 the information provided in the statement. Before sentencing the
13-25 defendant, the court shall permit the defendant or his counsel a
13-26 reasonable time to read the statement, excluding the name, address,
13-27 and telephone number of the victim, guardian of the victim, or
14-1 close relative of the deceased victim, comment on the statement,
14-2 and, with the approval of the court, introduce testimony or other
14-3 information alleging a factual inaccuracy in the statement. If the
14-4 court sentences the defendant to a term of community supervision
14-5 <probation>, the court shall forward any victim's impact statement
14-6 received in the case to the community supervision and corrections
14-7 <probation> department supervising the defendant, along with the
14-8 papers in the case.
14-9 SECTION 1.12. Chapter 36, Code of Criminal Procedure, is
14-10 amended by adding Article 36.03 to read as follows:
14-11 Art. 36.03. INVOCATION OF RULE FOR NONTESTIFYING PERSONS.
14-12 (a) A court at the request of a party may order the exclusion of a
14-13 nontestifying victim, nontestifying close relative of a deceased
14-14 victim, or nontestifying guardian of a victim only if:
14-15 (1) not later than the 10th day before the trial
14-16 commences the requesting party provides the opposing party with
14-17 notice of intention to request exclusion of the person; and
14-18 (2) the court allows the opposing party to contest the
14-19 exclusion in open court.
14-20 (b) The provisions of Subsection (a) do not limit the
14-21 authority of the court on its own motion to exclude a person,
14-22 regardless of whether notice was provided to parties or parties
14-23 were provided with an opportunity to contest the exclusion.
14-24 (c) In this article, "close relative of a deceased victim,"
14-25 "guardian of a victim," and "victim" have the meanings assigned by
14-26 Article 56.01.
14-27 SECTION 1.13. This article takes effect September 1, 1995.
15-1 ARTICLE 2
15-2 SECTION 2.01. Subchapter A, Chapter 56, Code of Criminal
15-3 Procedure, is amended by adding Article 56.13 to read as follows:
15-4 Art. 56.13. VICTIM-OFFENDER MEDIATION. The victim services
15-5 office of the Texas Department of Criminal Justice shall:
15-6 (1) train persons to act as mediators between victims,
15-7 guardians of victims, and close relatives of deceased victims and
15-8 offenders whose criminal conduct caused bodily injury or death to
15-9 victims; and
15-10 (2) provide mediation services through referral of a
15-11 trained person, if requested by a victim, guardian of a victim, or
15-12 close relative of a deceased victim.
15-13 SECTION 2.02. Article 42.12, Code of Criminal Procedure, is
15-14 amended by adding Section 30 to read as follows:
15-15 Sec. 30. VICTIM-OFFENDER MEDIATION. If a judge who has
15-16 placed a defendant on community supervision receives notice from
15-17 the victim services office of the Texas Department of Criminal
15-18 Justice that a victim of the defendant, or the victim's guardian or
15-19 close relative, wishes to participate in victim-offender mediation
15-20 with the defendant, the court shall cooperate and assist the
15-21 defendant if the defendant chooses to participate in the mediation
15-22 program provided by the section. The judge may not require the
15-23 defendant to participate and may not reward the defendant for
15-24 participation by modifying conditions of community supervision,
15-25 offering early termination of community supervision, or granting
15-26 any other benefit to the defendant.
15-27 SECTION 2.03. Article 42.18, Code of Criminal Procedure, is
16-1 amended by adding Section 29 to read as follows:
16-2 Sec. 29. VICTIM-OFFENDER MEDIATION. If the pardons and
16-3 paroles division receives notice from the victim services office of
16-4 the Texas Department of Criminal Justice that a victim of the
16-5 defendant, or the victim's guardian or close relative, wishes to
16-6 participate in victim-offender mediation with a person released to
16-7 parole or mandatory supervision, the division shall cooperate and
16-8 assist the person if the person chooses to participate in the
16-9 mediation program provided by the office. The pardons and paroles
16-10 division may not require the defendant to participate and may not
16-11 reward the person for participation by modifying conditions of
16-12 release or the person's level of supervision or by granting any
16-13 other benefit to the person.
16-14 SECTION 2.04. Subchapter A, Chapter 501, Government Code, is
16-15 amended by adding Section 501.018 to read as follows:
16-16 Sec. 501.018. VICTIM-OFFENDER MEDIATION. If a division of
16-17 the department receives notice from the victim services office of
16-18 the department that a victim of an inmate confined in a facility
16-19 operated by the department or under contract with the department,
16-20 or the victim's guardian or close relative, wishes to participate
16-21 in victim-offender mediation with the inmate, the division shall
16-22 cooperate and assist the inmate if the inmate chooses to
16-23 participate in the program provided by the office. The
16-24 institutional division may not require the inmate to participate
16-25 and may not reward the inmate for participation by improving the
16-26 inmate's classification status or privileges or by granting any
16-27 other benefits to the inmate.
17-1 SECTION 2.05. Section 415.031(a), Government Code, is
17-2 amended to read as follows:
17-3 (a) The commission shall establish and maintain training
17-4 programs for officers and county jailers. The commission shall
17-5 consult with the Texas Crime Victim Clearinghouse or any other
17-6 appropriate entity in developing training programs that relate to
17-7 matters involving victims of crime. The training shall be
17-8 conducted by the commission staff or through agencies and
17-9 institutions that the commission considers appropriate. The
17-10 commission may authorize reimbursement for a political subdivision
17-11 or state agency for expenses in attending the training programs as
17-12 authorized by the legislature.
17-13 SECTION 2.06. Section 415.032(b), Government Code, is
17-14 amended to read as follows:
17-15 (b) In establishing requirements under this section, the
17-16 commission shall require courses and programs to provide training
17-17 in:
17-18 (1) crime victims' rights under Chapter 56, Code of
17-19 Criminal Procedure, and the duty of law enforcement agencies to
17-20 ensure that a victim is afforded those rights; and
17-21 (2) the investigation of cases that involve the
17-22 following:
17-23 (A) <(1)> child abuse;
17-24 (B) <(2)> child neglect;
17-25 (C) <(3)> family violence; and
17-26 (D) <(4)> sexual assault.
17-27 SECTION 2.07. Section 415.034, Government Code, is amended
18-1 by adding Subsection (g) to read as follows:
18-2 (g) The commission shall require a state, county, special
18-3 district, or municipal agency that appoints or employs a peace
18-4 officer to require each peace officer to complete one in-service
18-5 training course on crime victims' rights as part of the continuing
18-6 education program described by Subsection (b), unless the peace
18-7 officer received training in crime victims' rights under Section
18-8 415.032(b)(1). The agency may require each peace officer to
18-9 receive additional training in crime victims' rights at regular
18-10 intervals that the agency determines are of sufficient frequency to
18-11 maintain the peace officer's familiarity with the subject matter.
18-12 SECTION 2.08. Chapter 493, Government Code, is amended by
18-13 adding Section 493.015 to read as follows:
18-14 Sec. 493.015. INSTRUCTION REGARDING CRIME VICTIMS' ISSUES.
18-15 (a) The department shall provide an annual four-hour training
18-16 program in crime victims' issues through the victim services office
18-17 of the department to community supervision and corrections
18-18 department officers and parole officers and to members of the Board
18-19 of Pardons and Paroles.
18-20 (b) The board shall adopt rules to provide the training
18-21 required by Subsection (a). In adopting the rules, the board shall
18-22 consult with the Texas Crime Victim Clearinghouse or any other
18-23 appropriate entity and may request recommendations for instruction
18-24 content. The instruction must include information about:
18-25 (1) crime victims' rights under Chapter 56, Code of
18-26 Criminal Procedure; and
18-27 (2) the duty of community supervision and corrections
19-1 department officers and parole officers and members of the Board of
19-2 Pardons and Paroles to ensure that a victim is afforded those
19-3 rights.
19-4 SECTION 2.09. (a) The Commission on Law Enforcement Officer
19-5 Standards and Education shall establish the new courses and
19-6 programs required by this Act not later than January 1, 1996.
19-7 (b) For persons who are officers on September 1, 1995, the
19-8 first set of courses required under Section 415.034, Government
19-9 Code, as amended by this Act, must be completed before September 1,
19-10 1997.
19-11 SECTION 2.10. The Texas Board of Criminal Justice shall
19-12 establish the programs required by this Act not later than January
19-13 1, 1996. For persons who are community supervision and corrections
19-14 department officers or parole officers or who are members of the
19-15 Board of Pardons and Paroles on September 1, 1995, participation in
19-16 a program required by Section 493.015, Government Code, as added by
19-17 this Act, must be completed by September 1, 1997.
19-18 SECTION 2.11. This article takes effect September 1, 1995.
19-19 ARTICLE 3
19-20 SECTION 3.01. Article 42.18, Code of Criminal Procedure, is
19-21 amended by adding Section 8B to read as follows:
19-22 Sec. 8B. PAROLEE RESTITUTION FUND. (a) The parolee
19-23 restitution fund is a trust fund in the state treasury and consists
19-24 of restitution payments made by persons released on parole or
19-25 mandatory supervision. Money in the fund may be used only to pay
19-26 restitution as required by a condition of parole or release to
19-27 mandatory supervision to victims of criminal offenses.
20-1 (b) When the Board of Pardons and Paroles orders the payment
20-2 of restitution in the manner prescribed by Article 42.037(h) from a
20-3 person released on parole or mandatory supervision, the pardons and
20-4 paroles division shall:
20-5 (1) collect the payment for disbursement to the
20-6 victim;
20-7 (2) deposit the payment in the parolee restitution
20-8 fund; and
20-9 (3) transmit the payment to the victim as soon as
20-10 practicable.
20-11 (c) If a victim who is entitled to restitution cannot be
20-12 located, immediately after receiving a final payment in
20-13 satisfaction of an order of restitution for the victim the pardons
20-14 and paroles division shall attempt to notify the victim of that
20-15 fact by certified mail, mailed to the last known address of the
20-16 victim. If a victim then makes a claim for payment, the pardons
20-17 and paroles division promptly shall remit the payment to the
20-18 victim. Money that remains unclaimed shall be transferred to the
20-19 victims of crime auxiliary fund in the state treasury on the fifth
20-20 anniversary of the date on which the money was deposited to the
20-21 credit of the parolee restitution fund.
20-22 SECTION 3.02. The pardons and paroles division of the Texas
20-23 Department of Criminal Justice not later than the 30th day after
20-24 the effective date of this article shall deposit any restitution
20-25 money received before the effective date of this article but not
20-26 paid to a victim in the parolee restitution fund in the manner
20-27 provided by Section 8B, Article 42.18, Code of Criminal Procedure,
21-1 as added by this article.
21-2 SECTION 3.03. This article takes effect September 1, 1995.
21-3 ARTICLE 4
21-4 SECTION 4.01. The importance of this legislation and the
21-5 crowded condition of the calendars in both houses create an
21-6 emergency and an imperative public necessity that the
21-7 constitutional rule requiring bills to be read on three several
21-8 days in each house be suspended, and this rule is hereby suspended.