By Gutierrez, Munoz, Solis                             H.B. No. 245
       74R913 DD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the rights of a victim of juvenile crime to receive
    1-3  certain information.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 57.002, Family Code, is amended to read
    1-6  as follows:
    1-7        Sec. 57.002.  Victim's Rights.  A victim, guardian of a
    1-8  victim, or close relative of a deceased victim is entitled to the
    1-9  following rights within the juvenile justice system:
   1-10              (1)  the right to receive from law enforcement agencies
   1-11  adequate protection from harm and threats of harm arising from
   1-12  cooperation with prosecution efforts;
   1-13              (2)  the right to have the court or person appointed by
   1-14  the court take the safety of the victim or the victim's family into
   1-15  consideration as an element in determining whether the child should
   1-16  be detained before the child's conduct is adjudicated;
   1-17              (3)  the right, if requested, to be informed of
   1-18  relevant court proceedings and to be informed in a timely manner if
   1-19  those court proceedings have been canceled or rescheduled;
   1-20              (4)  the right to be informed, when requested, by the
   1-21  court or a person appointed by the court concerning the procedures
   1-22  in the juvenile justice system, including general procedures
   1-23  relating to the preliminary investigation and informal adjustment
   1-24  of a case;
    2-1              (5)  the right to provide pertinent information to a
    2-2  juvenile court conducting a disposition hearing concerning the
    2-3  impact of the offense on the victim and the victim's family by
    2-4  testimony, written statement, or any other manner before the court
    2-5  renders its disposition;
    2-6              (6)  the right to receive information regarding
    2-7  compensation to victims as provided by the Crime Victims
    2-8  Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes),
    2-9  including information related to the costs that may be compensated
   2-10  under that Act and the amount of compensation, eligibility for
   2-11  compensation, and procedures for application for compensation under
   2-12  that Act, the payment of medical expenses under Section 1, Chapter
   2-13  299, Acts of the 63rd Legislature, Regular Session, 1973 (Article
   2-14  4447m, Vernon's Texas Civil Statutes), for a victim of a sexual
   2-15  assault, and when requested, to referral to available social
   2-16  service agencies that may offer additional assistance;
   2-17              (7)  the right to be informed, upon request, of
   2-18  procedures for release under supervision, to participate in the
   2-19  release process, to be notified, if requested, of release
   2-20  proceedings concerning the child, to provide to the Texas Youth
   2-21  Commission for inclusion in the child's file information to be
   2-22  considered by the commission before the release under supervision
   2-23  of the child, and to be notified, if requested, of the child's
   2-24  release;
   2-25              (8)  the right to be provided with a waiting area,
   2-26  separate or secure from other witnesses, including the child
   2-27  alleged to have committed the conduct and relatives of the child,
    3-1  before testifying in any proceeding concerning the child, or, if a
    3-2  separate waiting area is not available, other safeguards should be
    3-3  taken to minimize the victim's contact with the child and the
    3-4  child's relatives and witnesses, before and during court
    3-5  proceedings;
    3-6              (9)  the right to prompt return of any property of the
    3-7  victim that is held by a law enforcement agency or the attorney for
    3-8  the state as evidence when the property is no longer required for
    3-9  that purpose;
   3-10              (10)  the right to have the attorney for the state
   3-11  notify the employer of the victim, if requested, of the necessity
   3-12  of the victim's cooperation and testimony in a proceeding that may
   3-13  necessitate the absence of the victim from work for good cause;
   3-14  <and>
   3-15              (11)  the right to be present at all public court
   3-16  proceedings related to the conduct of the child, subject to the
   3-17  approval of the court; and
   3-18              (12)  the right to obtain from the court or the person
   3-19  appointed by the court the name and address of the parent or
   3-20  guardian of the child adjudicated for having engaged in the conduct
   3-21  that injured the victim.
   3-22        SECTION 2.  Section 57.005, Family Code, is amended to read
   3-23  as follows:
   3-24        Sec. 57.005.  Liability.  (a)   The Texas Youth Commission, a
   3-25  juvenile board, a court, a person appointed by a court, an attorney
   3-26  for the state, a peace officer, or a law enforcement agency is not
   3-27  liable for a failure or inability to provide a right listed under
    4-1  Section 57.002 of this code.
    4-2        (b)  A court or a person appointed by a court who provides
    4-3  information as permitted by Section 57.002(12) to a victim, a
    4-4  guardian of a victim, or a close relative of a deceased victim is
    4-5  not liable for damages arising from the provision of that
    4-6  information.
    4-7        SECTION 3.  Section 51.14, Family Code, is amended by adding
    4-8  Subsection (f) to read as follows:
    4-9        (f)  Notwithstanding any other provision of this section, the
   4-10  court may release information relating to a child who is a party to
   4-11  a proceeding under this title for the purpose of providing
   4-12  information permitted under Section 57.002(12).
   4-13        SECTION 4.  This Act takes effect September 1, 1995, and
   4-14  applies only to information regarding a child adjudicated on or
   4-15  after that date.
   4-16        SECTION 5.  The importance of this legislation and the
   4-17  crowded condition of the calendars in both houses create an
   4-18  emergency and an imperative public necessity that the
   4-19  constitutional rule requiring bills to be read on three several
   4-20  days in each house be suspended, and this rule is hereby suspended.