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.