By Combs                                              H.B. No. 1902
       74R6670 GWK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to providing notice and permitting participation in the
    1-3  criminal justice process by victims and others adversely affected
    1-4  by certain criminal conduct.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  (a)  Chapter 36, Code of Criminal Procedure, is
    1-7  amended by adding Article 36.03 to read as follows:
    1-8        Art. 36.03.  EXCLUSION OF WITNESS.  (a)  A court on its own
    1-9  motion or on the request of a party may exclude a witness so that
   1-10  the witness cannot hear the testimony of another witness.
   1-11        (b)  This article does not authorize exclusion of:
   1-12              (1)  a party who is a natural person;
   1-13              (2)  an officer or employee of a defendant that is not
   1-14  a natural person, if the officer or employee is designated as the
   1-15  representative of the defendant by the defendant's attorney;
   1-16              (3)  a person whose presence is shown by a party to be
   1-17  essential to the presentation of the party's cause; or
   1-18              (4)  the victim, a guardian of a victim, a close
   1-19  relative of a deceased victim, unless:
   1-20                    (A)  the victim, guardian, or close relative is
   1-21  to testify; and
   1-22                    (B)  the court determines that the testimony of
   1-23  the victim, guardian, or close relative would be materially
   1-24  affected if that person were to hear the testimony of another
    2-1  witness.
    2-2        (c)  If under Subsection (b)(4) the judge grants a motion to
    2-3  exclude a witness or excludes a witness on the judge's own motion,
    2-4  the judge must enter a written order.  The order must include the
    2-5  judge's reasons for excluding the witness.
    2-6        (d)  In this article, "victim," "guardian of a victim," and
    2-7  "close relative of a deceased victim" have the meanings assigned by
    2-8  Article 56.01.
    2-9        (b)  Under the terms of Section 22.109(b), Government Code,
   2-10  Rule 613, Texas Rules of Criminal Evidence, is disapproved.
   2-11        SECTION 2.  Article 42.037(a), Code of Criminal Procedure, is
   2-12  amended to read as follows:
   2-13        (a)  In addition to <or, in the case of a misdemeanor, in
   2-14  lieu of> any fine authorized by law, the court that sentences a
   2-15  defendant convicted of an offense may order the defendant to make
   2-16  restitution to any victim of the offense.  Restitution is remedial
   2-17  in nature, designed to make the victim whole, and not intended as
   2-18  punishment.  If the court does not order restitution or orders
   2-19  partial restitution under this subsection, the court shall state on
   2-20  the record the reasons for not making the order or for the limited
   2-21  order.
   2-22        SECTION 3.  Article 56.01, Code of Criminal Procedure, is
   2-23  amended to read as follows:
   2-24        Art. 56.01.  DEFINITIONS.  In this chapter:
   2-25              (1)  "Close relative of a deceased victim" means a
   2-26  person who was the spouse of a deceased victim at the time of the
   2-27  victim's death or who is a parent or adult brother, sister, or
    3-1  child of the deceased victim.
    3-2              (2)  "Guardian of a victim" means a person who is the
    3-3  legal guardian of the victim, whether or not the legal relationship
    3-4  between the guardian and victim exists because of the age of the
    3-5  victim or the physical or mental incompetency of the victim.
    3-6              (3)  "Secondary victim" means a person other than a
    3-7  victim, guardian of a victim, or close relative of a deceased
    3-8  victim who receives services as a result of a reaction to or need
    3-9  arising from a crime directed against a family member, friend, or
   3-10  loved one.
   3-11              (4)  "Victim" means a person who is the victim of
   3-12  sexual assault, kidnapping, or aggravated robbery or who has
   3-13  suffered bodily injury or death as a result of the criminal conduct
   3-14  of another.
   3-15        SECTION 4.  Subsections (a) and (b), Article 56.02, Code of
   3-16  Criminal Procedure, are amended to read as follows:
   3-17        (a)  A victim,  secondary victim, guardian of a victim, or
   3-18  close relative of a deceased victim is entitled to the following
   3-19  rights within the criminal justice system:
   3-20              (1)  the right to receive from law enforcement agencies
   3-21  adequate protection from harm and threats of harm arising from
   3-22  cooperation with prosecution efforts;
   3-23              (2)  the right to have the magistrate take the safety
   3-24  of the victim or his family into consideration as an element in
   3-25  fixing the amount of bail for the accused;
   3-26              (3)  the right, if requested, to be informed by the
   3-27  attorney representing the state or the attorney's designated
    4-1  representative of:
    4-2                    (A)  relevant court proceedings, including
    4-3  appellate proceedings, and to be informed if those <court>
    4-4  proceedings have been canceled or rescheduled prior to the event;
    4-5  and
    4-6                    (B)  any decision in a court proceeding,
    4-7  immediately after the decision is filed and entered;
    4-8              (4)  the right to be informed, when requested, by a
    4-9  peace officer concerning the defendant's right to bail and the
   4-10  procedures in criminal investigations and by the district
   4-11  attorney's office concerning the general procedures in the criminal
   4-12  justice system, including general procedures in guilty plea
   4-13  negotiations and arrangements, restitution, and the appeals and
   4-14  parole process;
   4-15              (5)  the right to provide pertinent information to a
   4-16  probation department conducting a presentencing investigation
   4-17  concerning the impact of the offense on the victim and his family
   4-18  by testimony, written statement, or any other manner prior to any
   4-19  sentencing of the offender;
   4-20              (6)  the right to receive information regarding
   4-21  compensation to victims of crime as provided by Subchapter B of
   4-22  this chapter <the Crime Victims Compensation Act (Article 8309-1,
   4-23  Vernon's Texas Civil Statutes)>, including information related to
   4-24  the costs that may be compensated under that subchapter <Act> and
   4-25  the amount of compensation, eligibility for compensation, and
   4-26  procedures for application for compensation under that subchapter
   4-27  <Act>, the payment for a medical examination under Article 56.06 of
    5-1  this code for a victim of a sexual assault, and when requested, to
    5-2  referral to available social service agencies that may offer
    5-3  additional assistance;
    5-4              (7)  the right to be informed, upon request, of parole
    5-5  procedures, to participate in the parole process, to be notified,
    5-6  if requested, of parole proceedings concerning a defendant in the
    5-7  victim's case, to provide to the Board of Pardons and Paroles  for
    5-8  inclusion in the defendant's file information to be considered by
    5-9  the board prior to the parole of any defendant convicted of any
   5-10  crime subject to this Act, and to be notified, if requested, of the
   5-11  defendant's release;
   5-12              (8)  the right to be provided with a waiting area,
   5-13  separate or secure from other witnesses, including the offender and
   5-14  relatives of the offender, before testifying in any proceeding
   5-15  concerning the offender; if a separate waiting area is not
   5-16  available, other safeguards should be taken to minimize the
   5-17  victim's contact with the offender and the offender's relatives and
   5-18  witnesses, before and during court proceedings;
   5-19              (9)  the right to prompt return of any property of the
   5-20  victim that is held by a law enforcement agency or the attorney for
   5-21  the state as evidence when the property is no longer required for
   5-22  that purpose;
   5-23              (10)  the right to have the attorney for the state
   5-24  notify the employer of the victim, if requested, of the necessity
   5-25  of the victim's cooperation and testimony in a proceeding that may
   5-26  necessitate the absence of the victim from work for good cause;
   5-27  <and>
    6-1              (11)  the right to counseling, on request, regarding
    6-2  acquired immune deficiency syndrome (AIDS) and human
    6-3  immunodeficiency virus (HIV) infection and testing for acquired
    6-4  immune deficiency syndrome (AIDS), human immunodeficiency virus
    6-5  (HIV) infection, antibodies to HIV, or infection with any other
    6-6  probable causative agent of AIDS, if the offense is an offense
    6-7  under Section 21.11(a)(1), 22.011, or 22.021, Penal Code;
    6-8              (12)  the right to request victim-offender mediation
    6-9  coordinated by the Texas Department of Criminal Justice;
   6-10              (13)  the right:
   6-11                    (A)  except as provided by Article 36.03 of this
   6-12  code, to be present at all public court proceedings related to the
   6-13  offense; or
   6-14                    (B)  if excluded by the judge under Article 36.03
   6-15  of this code, to receive from the judge signed copies of the
   6-16  exclusion order and the reasons cited by the judge in granting the
   6-17  motion to exclude;
   6-18              (14)  the right to be informed of the uses of a victim
   6-19  impact statement and the statement's purpose in the criminal
   6-20  justice system, to complete the victim impact statement, and to
   6-21  have the victim impact statement considered:
   6-22                    (A)  by the attorney representing the state and
   6-23  the judge before sentencing or before a plea bargain agreement is
   6-24  accepted; and
   6-25                    (B)  by the Board of Pardons and Paroles before
   6-26  an inmate is released on parole; and
   6-27              (15)  the right to restitution, as guaranteed by
    7-1  Section 30, Article I, Texas Constitution.
    7-2        (b)  The Office of Court Administration for the Texas
    7-3  Judicial System shall adopt rules establishing the form and content
    7-4  of notices and information required to be provided under
    7-5  Subsections (a)(3) and (a)(13) of this section.  <A victim is
    7-6  entitled to the right to be present at all public court proceedings
    7-7  related to the offense, subject to the approval of the judge in the
    7-8  case.>
    7-9        SECTION 5.  This Act takes effect September 1, 1995.
   7-10        SECTION 6.  The importance of this legislation and the
   7-11  crowded condition of the calendars in both houses create an
   7-12  emergency and an imperative public necessity that the
   7-13  constitutional rule requiring bills to be read on three several
   7-14  days in each house be suspended, and this rule is hereby suspended.