By Brady H.B. No. 2800
74R6630 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to participation by victims in certain proceedings related
1-3 to the prosecution, conviction, and subsequent supervision of
1-4 defendants in criminal cases.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 1(b), Article 42.03, Code of Criminal
1-7 Procedure, is amended to read as follows:
1-8 (b) The court shall permit a victim, close relative of a
1-9 deceased victim, or guardian of a victim, as defined by Article
1-10 56.01 of this code, to appear in person to present to the court and
1-11 to the defendant a statement of the person's views about the
1-12 offense, the defendant, and the effect of the offense on the
1-13 victim. The victim, relative, or guardian may not direct questions
1-14 to the defendant while making the statement. The court reporter
1-15 may not transcribe the statement. The statement must be made:
1-16 (1) after punishment has been assessed and the court
1-17 has determined whether or not to grant community supervision in the
1-18 case;
1-19 (2) after the court has announced the terms and
1-20 conditions of the sentence; and
1-21 (3) after sentence is pronounced.
1-22 SECTION 2. Article 42.131, Code of Criminal Procedure, is
1-23 amended by adding Section 14 to read as follows:
1-24 Sec. 14. VICTIM NOTIFICATION. (a) A department, using the
2-1 name and address provided by the attorney representing the state
2-2 under Article 56.08(e), shall make a reasonable effort to notify a
2-3 victim of the defendant's crime or, if the victim has a guardian or
2-4 is deceased, to notify the guardian of the victim or close relative
2-5 of the deceased victim of:
2-6 (1) the fact that the defendant has been placed on
2-7 community supervision;
2-8 (2) the conditions of community supervision imposed on
2-9 the defendant by the court; and
2-10 (3) the date, time, and location of any hearing or
2-11 proceeding at which the conditions of the defendant's community
2-12 supervision may be modified or the defendant's placement on
2-13 community supervision may be revoked or terminated.
2-14 (b) In this section, "close relative of a deceased victim,"
2-15 "guardian of a victim," and "victim" have the meanings assigned by
2-16 Article 56.01.
2-17 SECTION 3. Section 7(e), Article 42.18, Code of Criminal
2-18 Procedure, is amended to read as follows:
2-19 (e) Except as provided by Subsection (g) of this section, in
2-20 matters of parole, release to mandatory supervision, and revocation
2-21 of parole or mandatory supervision, the board members shall act in
2-22 panels comprised of three persons in each panel. The composition
2-23 of the respective panels shall be designated by the chairman of the
2-24 board. A majority of each panel shall constitute a quorum for the
2-25 transaction of its business, and its decisions shall be by majority
2-26 vote. The members of a panel are not required to meet as a body to
2-27 perform the members' duties as prescribed by this article, except
3-1 to conduct a hearing as provided by Sections 8(f)(2) and <Section>
3-2 14 of this article.
3-3 SECTION 4. Section 8(f), Article 42.18, Code of Criminal
3-4 Procedure, is amended by amending Subdivisions (2) and (5) and
3-5 adding Subdivision (6) to read as follows:
3-6 (2) Before a parole panel considers for parole a
3-7 prisoner who is serving a sentence for an offense in which a person
3-8 was a victim, the pardons and paroles division, not later than 15
3-9 days before the date of the hearing, shall notify the prisoner and,
3-10 using the name and address provided on the victim impact statement,
3-11 any <shall make a reasonable effort to notify a> victim of the
3-12 prisoner's offense, or the victim's legal guardian, if any, or a
3-13 close relative of the victim, if the victim is deceased <crime or
3-14 if the victim has a legal guardian or is deceased, to notify the
3-15 legal guardian or close relative of the deceased victim>. If the
3-16 notice is sent to a guardian or close relative of a deceased
3-17 victim, the notice must contain a request by the pardons and
3-18 paroles division that the guardian or relative inform other persons
3-19 having an interest in the matter that the prisoner is being
3-20 considered for parole. The <If a hearing is held, the> parole
3-21 panel shall hold a hearing at which the panel shall allow a victim,
3-22 guardian of a victim, close relative of a deceased victim, or a
3-23 representative of a victim or his guardian or close relative and
3-24 the prisoner or the prisoner's legal representative to present
3-25 testimony and to provide a written statement concerning the
3-26 advisability of releasing the prisoner on parole. This subsection
3-27 may not be construed to limit the number of persons who may provide
4-1 written statements for or against the release of the prisoner on
4-2 parole. The parole panel shall consider the testimony, the
4-3 statements, and the information provided in a victim impact
4-4 statement in determining whether or not to recommend parole.
4-5 However, the failure of the pardons and paroles division to comply
4-6 with procedural requirements for hearings under <notice
4-7 requirements of> this subsection is not a ground for revocation of
4-8 parole.
4-9 (5) <Before ordering the parole of any prisoner, a
4-10 parole panel may have the prisoner appear before it and interview
4-11 him.> A parole shall be ordered only for the best interest of
4-12 society, not as an award of clemency; it shall not be considered to
4-13 be a reduction of sentence or pardon. The board shall develop and
4-14 implement parole guidelines that shall be the basic criteria on
4-15 which parole decisions are made. The parole guidelines shall be
4-16 developed according to an acceptable research method and shall be
4-17 based on the seriousness of the offense and the likelihood of
4-18 favorable parole outcome. The board shall review the parole
4-19 guidelines periodically and make reports on those reviews to the
4-20 Legislative Criminal Justice Board. If a member of the board
4-21 deviates from the parole guidelines in casting a vote on a parole
4-22 decision, the member shall produce a brief written statement
4-23 describing the circumstances regarding the departure from the
4-24 guidelines and place a copy of the statement in the file of the
4-25 inmate for whom the parole decision was made. The board shall keep
4-26 a copy of each statement in a central location. A prisoner shall
4-27 be placed on parole only when arrangements have been made for his
5-1 employment or for his maintenance and care and when the parole
5-2 panel believes that he is able and willing to fulfill the
5-3 obligations of a law-abiding citizen. Every prisoner while on
5-4 parole shall remain in the legal custody of the pardons and paroles
5-5 division and shall be amenable to the conditions of supervision
5-6 ordered under this article.
5-7 (6) The board by rule shall adopt procedures under
5-8 which parole panels conduct hearings required by Subdivision (2).
5-9 SECTION 5. Article 56.02(a), Code of Criminal Procedure, is
5-10 amended to read as follows:
5-11 (a) A victim, guardian of a victim, or close relative of a
5-12 deceased victim is entitled to the following rights within the
5-13 criminal justice system:
5-14 (1) the right to receive from law enforcement agencies
5-15 adequate protection from harm and threats of harm arising from
5-16 cooperation with prosecution efforts;
5-17 (2) the right to have the magistrate take the safety
5-18 of the victim or his family into consideration as an element in
5-19 fixing the amount of bail for the accused;
5-20 (3) the right, if requested, to be informed of
5-21 relevant court proceedings and to be informed if those court
5-22 proceedings have been canceled or rescheduled prior to the event;
5-23 (4) the right to be informed, when requested, by a
5-24 peace officer concerning the defendant's right to bail and the
5-25 procedures in criminal investigations and by the district
5-26 attorney's office concerning the general procedures in the criminal
5-27 justice system, including general procedures in guilty plea
6-1 negotiations and arrangements, restitution, and the appeals and
6-2 parole process;
6-3 (5) the right to provide pertinent information to a
6-4 probation department conducting a presentencing investigation
6-5 concerning the impact of the offense on the victim and his family
6-6 by testimony, written statement, or any other manner prior to any
6-7 sentencing of the offender;
6-8 (6) the right to receive information regarding
6-9 compensation to victims of crime as provided by Subchapter B <the
6-10 Crime Victims Compensation Act (Article 8309-1, Vernon's Texas
6-11 Civil Statutes)>, including information related to the costs that
6-12 may be compensated under that subchapter <Act> and the amount of
6-13 compensation, eligibility for compensation, and procedures for
6-14 application for compensation under that subchapter <Act>, the
6-15 payment for a medical examination under Article 56.06 of this code
6-16 for a victim of a sexual assault, and when requested, to referral
6-17 to available social service agencies that may offer additional
6-18 assistance;
6-19 (7) the right to be informed, upon request, of parole
6-20 procedures, to participate in the parole process, to be notified,
6-21 if requested, of parole proceedings concerning a defendant in the
6-22 victim's case, to present testimony and to provide to the Board of
6-23 Pardons and Paroles for inclusion in the defendant's file
6-24 information to be considered by the board prior to the parole of
6-25 any defendant convicted of any crime subject to this subchapter
6-26 <Act>, and to be notified, if requested, of the defendant's
6-27 release;
7-1 (8) the right to be provided with a waiting area,
7-2 separate or secure from other witnesses, including the offender and
7-3 relatives of the offender, before testifying in any proceeding
7-4 concerning the offender; if a separate waiting area is not
7-5 available, other safeguards should be taken to minimize the
7-6 victim's contact with the offender and the offender's relatives and
7-7 witnesses, before and during court proceedings;
7-8 (9) the right to prompt return of any property of the
7-9 victim that is held by a law enforcement agency or the attorney for
7-10 the state as evidence when the property is no longer required for
7-11 that purpose;
7-12 (10) the right to have the attorney for the state
7-13 notify the employer of the victim, if requested, of the necessity
7-14 of the victim's cooperation and testimony in a proceeding that may
7-15 necessitate the absence of the victim from work for good cause; and
7-16 (11) the right to counseling, on request, regarding
7-17 acquired immune deficiency syndrome (AIDS) and human
7-18 immunodeficiency virus (HIV) infection and testing for acquired
7-19 immune deficiency syndrome (AIDS), human immunodeficiency virus
7-20 (HIV) infection, antibodies to HIV, or infection with any other
7-21 probable causative agent of AIDS, if the offense is an offense
7-22 under Section 21.11(a)(1), 22.011, or 22.021, Penal Code.
7-23 SECTION 6. Article 56.08, Code of Criminal Procedure, is
7-24 amended by adding Subsections (d) and (e) to read as follows:
7-25 (d) The brief general statement describing the plea
7-26 bargaining stage in a criminal trial required by Subsection (a)(1)
7-27 shall include a statement that:
8-1 (1) the victim impact statement provided by the
8-2 victim, guardian of a victim, or close relative of a deceased
8-3 victim will be considered by the attorney representing the state in
8-4 entering into the plea bargain agreement; and
8-5 (2) the judge before accepting the plea bargain is
8-6 required under Article 26.13(e) to ask:
8-7 (A) whether a victim impact statement has been
8-8 returned to the attorney; and
8-9 (B) if a statement has been returned, for a copy
8-10 of the statement.
8-11 (e) An attorney representing the state who receives
8-12 information concerning a victim's current address and phone number
8-13 shall immediately provide that information to the community
8-14 supervision and corrections department supervising the defendant,
8-15 if the defendant is placed on community supervision.
8-16 SECTION 7. (a) The Board of Pardons and Paroles shall adopt
8-17 procedures for hearings as required by Section 8(f)(6), Article
8-18 42.18, Code of Criminal Procedure, as added by Section 4 of this
8-19 Act, not later than November 1, 1995.
8-20 (b) The requirement under Section 8(f)(2), Article 42.18,
8-21 Code of Criminal Procedure, as amended by Section 4 of this Act,
8-22 that a parole panel hold a hearing before ordering the release of a
8-23 prisoner on parole applies only to an action of a parole panel
8-24 under Section 8(f)(2) taken on or after January 1, 1996.
8-25 SECTION 8. This Act takes effect September 1, 1995.
8-26 SECTION 9. The importance of this legislation and the
8-27 crowded condition of the calendars in both houses create an
9-1 emergency and an imperative public necessity that the
9-2 constitutional rule requiring bills to be read on three several
9-3 days in each house be suspended, and this rule is hereby suspended.