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.