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 * * * * *