By Krusee H.B. No. 931
74R3341 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to information provided by victims in certain criminal
1-3 proceedings occurring before sentencing.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 56.02(a), Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 (a) A victim, guardian of a victim, or close relative of a
1-8 deceased victim is entitled to the following rights within the
1-9 criminal 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 magistrate take the safety
1-14 of the victim or his family into consideration as an element in
1-15 fixing the amount of bail for the accused;
1-16 (3) the right, if requested, to be informed of
1-17 relevant court proceedings and to be informed if those court
1-18 proceedings have been canceled or rescheduled prior to the event;
1-19 (4) the right to be informed, when requested, by a
1-20 peace officer concerning the defendant's right to bail and the
1-21 procedures in criminal investigations and by the district
1-22 attorney's office concerning the general procedures in the criminal
1-23 justice system, including general procedures in guilty plea
1-24 negotiations and arrangements, restitution, and the appeals and
2-1 parole process;
2-2 (5) the right to provide pertinent information to a
2-3 probation department conducting a presentencing investigation
2-4 concerning the impact of the offense on the victim and his family
2-5 by testimony, written statement, or any other manner prior to any
2-6 sentencing of the offender;
2-7 (6) the right to receive information regarding
2-8 compensation to victims of crime as provided by Subchapter B <the
2-9 Crime Victims Compensation Act (Article 8309-1, Vernon's Texas
2-10 Civil Statutes)>, including information related to the costs that
2-11 may be compensated under that subchapter <Act> and the amount of
2-12 compensation, eligibility for compensation, and procedures for
2-13 application for compensation under that subchapter <Act>, the
2-14 payment for a medical examination under Article 56.06 of this code
2-15 for a victim of a sexual assault, and when requested, to referral
2-16 to available social service agencies that may offer additional
2-17 assistance;
2-18 (7) the right to be informed, upon request, of parole
2-19 procedures, to participate in the parole process, to be notified,
2-20 if requested, of parole proceedings concerning a defendant in the
2-21 victim's case, to provide to the Board of Pardons and Paroles for
2-22 inclusion in the defendant's file information to be considered by
2-23 the board prior to the parole of any defendant convicted of any
2-24 crime subject to this Act, and to be notified, if requested, of the
2-25 defendant's release;
2-26 (8) the right to be provided with a waiting area,
2-27 separate or secure from other witnesses, including the offender and
3-1 relatives of the offender, before testifying in any proceeding
3-2 concerning the offender; if a separate waiting area is not
3-3 available, other safeguards should be taken to minimize the
3-4 victim's contact with the offender and the offender's relatives and
3-5 witnesses, before and during court 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 counseling, on request, regarding
3-16 acquired immune deficiency syndrome (AIDS) and human
3-17 immunodeficiency virus (HIV) infection and testing for acquired
3-18 immune deficiency syndrome (AIDS), human immunodeficiency virus
3-19 (HIV) infection, antibodies to HIV, or infection with any other
3-20 probable causative agent of AIDS, if the offense is an offense
3-21 under Section 21.11(a)(1), 22.011, or 22.021, Penal Code; and
3-22 (12) the right in cases not tried before a jury to
3-23 provide to the judge, before sentencing, by oral testimony, written
3-24 statement, or other means pertinent information concerning the
3-25 impact of the offense on the victim and the victim's family.
3-26 SECTION 2. The importance of this legislation and the
3-27 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended,
4-4 and that this Act take effect and be in force from and after its
4-5 passage, and it is so enacted.