1-1  By:  Shapiro, Sims                                      S.B. No. 48
    1-2        (In the Senate - Filed November 14, 1994; January 10, 1995,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  March 20, 1995, reported favorably, as amended, by the following
    1-5  vote:  Yeas 7, Nays 0; March 20, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                                 By:  West
    1-7  Amend S.B. No. 48 as follows:
    1-8        (1)  Amend SECTION 1 of the bill, proposed Section 8(f)(2),
    1-9  Article 42.18, Code of Criminal Procedure, as follows:
   1-10        (A)  Delete "If a hearing is held, the" and insert "The <If a
   1-11  hearing is held, the>" (introduced version, page 1, line 18;
   1-12  committee printing page 1, line 39).
   1-13        (B)  Between "the" and "to" delete "panel" and insert "board
   1-14  members" (introduced version, page 1, lines 21 and 22; committee
   1-15  printing page 1, line 43);
   1-16        (2)  Amend SECTION 2(a)(8) of the bill, proposed Article
   1-17  56.08(a), Code of Criminal Procedure, between "a" and "of" by
   1-18  deleting "parole panel" and inserting "member" (introduced version,
   1-19  page 3, lines 16 and 17; committee printing page 2, line 23).
   1-20                         A BILL TO BE ENTITLED
   1-21                                AN ACT
   1-22  relating to a crime victim's right to appear in person before a
   1-23  parole panel of the Board of Pardons and Paroles.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  Subdivision (2), Subsection (f), Section 8,
   1-26  Article 42.18, Code of Criminal Procedure, is amended to read as
   1-27  follows:
   1-28              (2)  Before a parole panel considers for parole a
   1-29  prisoner who is serving a sentence for an offense in which a person
   1-30  was a victim, the pardons and paroles division, using the name and
   1-31  address provided on the victim impact statement, shall make a
   1-32  reasonable effort to notify a victim of the prisoner's crime or if
   1-33  the victim has a legal guardian or is deceased, to notify the legal
   1-34  guardian or close relative of the deceased victim.  If the notice
   1-35  is sent to a guardian or close relative of a deceased victim, the
   1-36  notice must contain a request by the pardons and paroles division
   1-37  that the guardian or relative inform other persons having an
   1-38  interest in the matter that the prisoner is being considered for
   1-39  parole.  If a hearing is held, the parole panel shall allow a
   1-40  victim, guardian of a victim, close relative of a deceased victim,
   1-41  or a representative of a victim or his guardian or close relative
   1-42  to provide a written statement and to appear in person before the
   1-43  panel to present a statement of the person's views about the
   1-44  offense, the defendant, and the effect of the offense on the
   1-45  victim.  This subsection may not be construed to limit the number
   1-46  of persons who may provide written statements for or against the
   1-47  release of the prisoner on parole.  The parole panel shall consider
   1-48  the statements and the information provided in a victim impact
   1-49  statement in determining whether or not to recommend parole.
   1-50  However, the failure of the pardons and paroles division to comply
   1-51  with notice requirements of this subsection is not a ground for
   1-52  revocation of parole.
   1-53        SECTION 2.  Subsection (a), Article 56.08, Code of Criminal
   1-54  Procedure, is amended to read as follows:
   1-55        (a)  Not later than the 10th day after the date that an
   1-56  indictment or information is returned against a defendant for an
   1-57  offense, the attorney representing the state shall give to each
   1-58  victim of the offense a written notice containing:
   1-59              (1)  a brief general statement of each procedural stage
   1-60  in the processing of a criminal case, including bail, plea
   1-61  bargaining, parole restitution, and appeal;
   1-62              (2)  notification of the rights and procedures under
   1-63  this chapter;
   1-64              (3)  suggested steps the victim may take if the victim
   1-65  is subjected to threats or intimidation;
   1-66              (4)  notification of the right to receive information
   1-67  regarding compensation to victims of crime as provided by
   1-68  Subchapter B of this chapter <the Crime Victims Compensation Act
    2-1  (Article 8309-1, Vernon's Texas Civil Statutes)>, including
    2-2  information about:
    2-3                    (A)  the costs that may be compensated under
    2-4  Subchapter B of this chapter <that Act>, eligibility for
    2-5  compensation, and procedures for application for compensation under
    2-6  Subchapter B <that Act>;
    2-7                    (B)  the payment for a medical examination for a
    2-8  victim of a sexual assault under Article 56.06 of this code; and
    2-9                    (C)  referral to available social service
   2-10  agencies that may offer additional assistance;
   2-11              (5)  the name, address, and phone number of the local
   2-12  victim assistance coordinator;
   2-13              (6)  the case number and assigned court for the case;
   2-14  <and>
   2-15              (7)  the right to file a victim impact statement with
   2-16  the office of the attorney representing the state and the pardons
   2-17  and paroles division of the Texas Department of Criminal Justice;
   2-18  and
   2-19              (8)  notification of the right of a victim, guardian of
   2-20  a victim, or close relative of a deceased victim, as defined by
   2-21  Section 8(f), Article 42.18 of this code, to appear in person
   2-22  before a parole panel of the Board of Pardons and Paroles.
   2-23        SECTION 3.  This Act takes effect September 1, 1995.
   2-24        SECTION 4.  The importance of this legislation and the
   2-25  crowded condition of the calendars in both houses create an
   2-26  emergency and an imperative public necessity that the
   2-27  constitutional rule requiring bills to be read on three several
   2-28  days in each house be suspended, and this rule is hereby suspended.
   2-29                               * * * * *