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 * * * * *