By:  Shapiro, Sims                                      S.B. No. 48
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to a crime victim's right to appear in person before
    1-2  members of the Board of Pardons and Paroles.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subdivision (2), Subsection (f), Section 8,
    1-5  Article 42.18, Code of Criminal Procedure, is amended to read as
    1-6  follows:
    1-7              (2)  Before a parole panel considers for parole a
    1-8  prisoner who is serving a sentence for an offense in which a person
    1-9  was a victim, the pardons and paroles division, using the name and
   1-10  address provided on the victim impact statement, shall make a
   1-11  reasonable effort to notify a victim of the prisoner's crime or if
   1-12  the victim has a legal guardian or is deceased, to notify the legal
   1-13  guardian or close relative of the deceased victim.  If the notice
   1-14  is sent to a guardian or close relative of a deceased victim, the
   1-15  notice must contain a request by the pardons and paroles division
   1-16  that the guardian or relative inform other persons having an
   1-17  interest in the matter that the prisoner is being considered for
   1-18  parole.  The <If a hearing is held, the> parole panel shall allow a
   1-19  victim, guardian of a victim, close relative of a deceased victim,
   1-20  or a representative of a victim or his guardian or close relative
   1-21  to provide a written statement and to appear in person before the
   1-22  board members to present a statement of the person's views about
   1-23  the offense, the defendant, and the effect of the offense on the
   1-24  victim.  This subsection may not be construed to limit the number
    2-1  of persons who may provide written statements for or against the
    2-2  release of the prisoner on parole.  The parole panel shall consider
    2-3  the statements and the information provided in a victim impact
    2-4  statement in determining whether or not to recommend parole.
    2-5  However, the failure of the pardons and paroles division to comply
    2-6  with notice requirements of this subsection is not a ground for
    2-7  revocation of parole.
    2-8        SECTION 2.  Subsection (a), Article 56.08, Code of Criminal
    2-9  Procedure, is amended to read as follows:
   2-10        (a)  Not later than the 10th day after the date that an
   2-11  indictment or information is returned against a defendant for an
   2-12  offense, the attorney representing the state shall give to each
   2-13  victim of the offense a written notice containing:
   2-14              (1)  a brief general statement of each procedural stage
   2-15  in the processing of a criminal case, including bail, plea
   2-16  bargaining, parole restitution, and appeal;
   2-17              (2)  notification of the rights and procedures under
   2-18  this chapter;
   2-19              (3)  suggested steps the victim may take if the victim
   2-20  is subjected to threats or intimidation;
   2-21              (4)  notification of the right to receive information
   2-22  regarding compensation to victims of crime as provided by
   2-23  Subchapter B of this chapter <the Crime Victims Compensation Act
   2-24  (Article 8309-1, Vernon's Texas Civil Statutes)>, including
   2-25  information about:
   2-26                    (A)  the costs that may be compensated under
   2-27  Subchapter B of this chapter <that Act>, eligibility for
    3-1  compensation, and procedures for application for compensation under
    3-2  Subchapter B <that Act>;
    3-3                    (B)  the payment for a medical examination for a
    3-4  victim of a sexual assault under Article 56.06 of this code; and
    3-5                    (C)  referral to available social service
    3-6  agencies that may offer additional assistance;
    3-7              (5)  the name, address, and phone number of the local
    3-8  victim assistance coordinator;
    3-9              (6)  the case number and assigned court for the case;
   3-10  <and>
   3-11              (7)  the right to file a victim impact statement with
   3-12  the office of the attorney representing the state and the pardons
   3-13  and paroles division of the Texas Department of Criminal Justice;
   3-14  and
   3-15              (8)  notification of the right of a victim, guardian of
   3-16  a victim, or close relative of a deceased victim, as defined by
   3-17  Section 8(f), Article 42.18 of this code, to appear in person
   3-18  before a member of the Board of Pardons and Paroles.
   3-19        SECTION 3.  This Act takes effect September 1, 1995.
   3-20        SECTION 4.  The importance of this legislation and the
   3-21  crowded condition of the calendars in both houses create an
   3-22  emergency and an imperative public necessity that the
   3-23  constitutional rule requiring bills to be read on three several
   3-24  days in each house be suspended, and this rule is hereby suspended.