1-1  By:  Allen, et al. (Senate Sponsor - Shapiro)           H.B. No. 11
    1-2        (In the Senate - Received from the House May 11, 1995;
    1-3  May 12, 1995, read first time and referred to Committee on Criminal
    1-4  Justice; May 23, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 4, Nays 0; May 23, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR H.B. No. 11                   By:  Shapiro
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to a crime victim's right to appear in person before
   1-11  members of the Board of Pardons and Paroles.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Subdivision (2), Subsection (f), Section 8,
   1-14  Article 42.18, Code of Criminal Procedure, is amended to read as
   1-15  follows:
   1-16              (2)  Before a parole panel considers for parole a
   1-17  prisoner who is serving a sentence for an offense in which a person
   1-18  was a victim, the pardons and paroles division, using the name and
   1-19  address provided on the victim impact statement, shall make a
   1-20  reasonable effort to notify a victim of the prisoner's crime or if
   1-21  the victim has a legal guardian or is deceased, to notify the legal
   1-22  guardian or close relative of the deceased victim.  If the notice
   1-23  is sent to a guardian or close relative of a deceased victim, the
   1-24  notice must contain a request by the pardons and paroles division
   1-25  that the guardian or relative inform other persons having an
   1-26  interest in the matter that the prisoner is being considered for
   1-27  parole.  The <If a hearing is held, the> parole panel shall allow a
   1-28  victim, guardian of a victim, close relative of a deceased victim,
   1-29  or a representative of a victim or his guardian or close relative
   1-30  to provide a written statement and to appear in person before the
   1-31  board members to present a statement of the person's views about
   1-32  the offense, the defendant, and the effect of the offense on the
   1-33  victim.  This subsection may not be construed to limit the number
   1-34  of persons who may provide written statements for or against the
   1-35  release of the prisoner on parole.  The parole panel shall consider
   1-36  the statements and the information provided in a victim impact
   1-37  statement in determining whether or not to recommend parole.
   1-38  However, the failure of the pardons and paroles division to comply
   1-39  with notice requirements of this subsection is not a ground for
   1-40  revocation of parole.
   1-41        SECTION 2.  Subsection (a), Article 56.08, Code of Criminal
   1-42  Procedure, is amended to read as follows:
   1-43        (a)  Not later than the 10th day after the date that an
   1-44  indictment or information is returned against a defendant for an
   1-45  offense, the attorney representing the state shall give to each
   1-46  victim of the offense a written notice containing:
   1-47              (1)  a brief general statement of each procedural stage
   1-48  in the processing of a criminal case, including bail, plea
   1-49  bargaining, parole restitution, and appeal;
   1-50              (2)  notification of the rights and procedures under
   1-51  this chapter;
   1-52              (3)  suggested steps the victim may take if the victim
   1-53  is subjected to threats or intimidation;
   1-54              (4)  notification of the right to receive information
   1-55  regarding compensation to victims of crime as provided by
   1-56  Subchapter B of this chapter <the Crime Victims Compensation Act
   1-57  (Article 8309-1, Vernon's Texas Civil Statutes)>, including
   1-58  information about:
   1-59                    (A)  the costs that may be compensated under
   1-60  Subchapter B of this chapter <that Act>, eligibility for
   1-61  compensation, and procedures for application for compensation under
   1-62  Subchapter B <that Act>;
   1-63                    (B)  the payment for a medical examination for a
   1-64  victim of a sexual assault under Article 56.06 of this code; and
   1-65                    (C)  referral to available social service
   1-66  agencies that may offer additional assistance;
   1-67              (5)  the name, address, and phone number of the local
   1-68  victim assistance coordinator;
    2-1              (6)  the case number and assigned court for the case;
    2-2  <and>
    2-3              (7)  the right to file a victim impact statement with
    2-4  the office of the attorney representing the state and the pardons
    2-5  and paroles division of the Texas Department of Criminal Justice;
    2-6  and
    2-7              (8)  notification of the right of a victim, guardian of
    2-8  a victim, or close relative of a deceased victim, as defined by
    2-9  Section 8(f), Article 42.18 of this code, to appear in person
   2-10  before a member of the Board of Pardons and Paroles.
   2-11        SECTION 3.  This Act takes effect September 1, 1995.
   2-12        SECTION 4.  The importance of this legislation and the
   2-13  crowded condition of the calendars in both houses create an
   2-14  emergency and an imperative public necessity that the
   2-15  constitutional rule requiring bills to be read on three several
   2-16  days in each house be suspended, and this rule is hereby suspended.
   2-17                               * * * * *