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.