1-1 By: Turner S.B. No. 1188
1-2 (In the Senate - Filed March 10, 1995; March 16, 1995, read
1-3 first time and referred to Committee on Economic Development;
1-4 April 6, 1995, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; April 6, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to providing immunity from civil suits to persons who
1-9 communicate, orally or in writing, to the pardons and paroles
1-10 division of the Texas Department of Criminal Justice.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Article 42.18, Code of Criminal Procedure, is
1-13 amended by adding Section 8B to read as follows:
1-14 Sec. 8B. IMMUNITY FROM CIVIL LIABILITY TO PERSONS WHO
1-15 COMMUNICATE WITH THE DIVISION. (a) A person, including a victim,
1-16 secondary victim, guardian of a victim, or close relative of a
1-17 deceased victim, as defined by Article 56.01 of this code, who
1-18 communicates, either orally or in writing, with the pardons and
1-19 paroles division is immune under this article from civil liability
1-20 that might otherwise be imposed as a result of the communication.
1-21 (b) The pardons and paroles division shall:
1-22 (1) inform the person that the division will give more
1-23 weight to the information if it is given under oath;
1-24 (2) instruct the person of the method of providing
1-25 information under oath; and
1-26 (3) inform the person of the consequences of making a
1-27 false statement under oath.
1-28 (c) The pardons and paroles division shall give greater
1-29 weight to information given under oath. The pardons and paroles
1-30 division shall consider the immunity provided under this section
1-31 when making a decision that is based on information obtained from a
1-32 communication that is not made under oath.
1-33 SECTION 2. Subsection (a), Article 56.02, Code of Criminal
1-34 Procedure, is amended to read as follows:
1-35 (a) A victim, guardian of a victim, or close relative of a
1-36 deceased victim is entitled to the following rights within the
1-37 criminal justice system:
1-38 (1) the right to receive from law enforcement agencies
1-39 adequate protection from harm and threats of harm arising from
1-40 cooperation with prosecution efforts;
1-41 (2) the right to have the magistrate take the safety
1-42 of the victim or his family into consideration as an element in
1-43 fixing the amount of bail for the accused;
1-44 (3) the right, if requested, to be informed of
1-45 relevant court proceedings and to be informed if those court
1-46 proceedings have been canceled or rescheduled prior to the event;
1-47 (4) the right to be informed, when requested, by a
1-48 peace officer concerning the defendant's right to bail and the
1-49 procedures in criminal investigations and by the district
1-50 attorney's office concerning the general procedures in the criminal
1-51 justice system, including general procedures in guilty plea
1-52 negotiations and arrangements, restitution, and the appeals and
1-53 parole process;
1-54 (5) the right to provide pertinent information to a
1-55 probation department conducting a presentencing investigation
1-56 concerning the impact of the offense on the victim and his family
1-57 by testimony, written statement, or any other manner prior to any
1-58 sentencing of the offender;
1-59 (6) the right to receive information regarding
1-60 compensation to victims of crime as provided by the Crime Victims
1-61 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes),
1-62 including information related to the costs that may be compensated
1-63 under that Act and the amount of compensation, eligibility for
1-64 compensation, and procedures for application for compensation under
1-65 that Act, the payment for a medical examination under Article 56.06
1-66 of this code for a victim of a sexual assault, and when requested,
1-67 to referral to available social service agencies that may offer
1-68 additional assistance;
2-1 (7) the right to be informed, upon request, of parole
2-2 procedures, to participate in the parole process, to be notified,
2-3 if requested, of parole proceedings concerning a defendant in the
2-4 victim's case, to provide to the pardons and paroles division of
2-5 the Texas Department of Criminal Justice <Board of Pardons and
2-6 Paroles> for inclusion in the defendant's file information to be
2-7 considered by the board prior to the parole of any defendant
2-8 convicted of any crime subject to this Act, to be informed of the
2-9 immunity from civil liability created under Section 8B, Article
2-10 42.18, of this code for giving information to the pardons and
2-11 paroles division, and to be notified, if requested, of the
2-12 defendant's release;
2-13 (8) the right to be provided with a waiting area,
2-14 separate or secure from other witnesses, including the offender and
2-15 relatives of the offender, before testifying in any proceeding
2-16 concerning the offender; if a separate waiting area is not
2-17 available, other safeguards should be taken to minimize the
2-18 victim's contact with the offender and the offender's relatives and
2-19 witnesses, before and during court proceedings;
2-20 (9) the right to prompt return of any property of the
2-21 victim that is held by a law enforcement agency or the attorney for
2-22 the state as evidence when the property is no longer required for
2-23 that purpose;
2-24 (10) the right to have the attorney for the state
2-25 notify the employer of the victim, if requested, of the necessity
2-26 of the victim's cooperation and testimony in a proceeding that may
2-27 necessitate the absence of the victim from work for good cause; and
2-28 (11) the right to counseling, on request, regarding
2-29 acquired immune deficiency syndrome (AIDS) and human
2-30 immunodeficiency virus (HIV) infection and testing for acquired
2-31 immune deficiency syndrome (AIDS), human immunodeficiency virus
2-32 (HIV) infection, antibodies to HIV, or infection with any other
2-33 probable causative agent of AIDS, if the offense is an offense
2-34 under Section 21.11(a)(1), 22.011, or 22.021, Penal Code.
2-35 SECTION 3. If any section, sentence, clause, or part of this
2-36 Act shall, for any reason, be held invalid, such invalidity shall
2-37 not affect the remaining portions of the Act, and it is hereby
2-38 declared to be the intention of this legislature to have passed
2-39 each section, sentence, clause, or part irrespective of the fact
2-40 that any other section, sentence, clause, or part may be declared
2-41 invalid.
2-42 SECTION 4. The changes in law made by this Act apply only to
2-43 a cause of action that accrues on or after the effective date of
2-44 this Act. A cause of action that accrues before the effective date
2-45 of this Act is governed by the law in effect on the date the cause
2-46 of action accrues, and that law is continued in effect for this
2-47 purpose.
2-48 SECTION 5. (a) The changes in law made by this Act apply
2-49 only to a criminal offense committed or a violation that occurs on
2-50 or after the effective date of this Act. For the purposes of this
2-51 Act, a criminal offense is committed or a violation occurs before
2-52 the effective date of this Act if any element of the offense or
2-53 violation occurs before that date.
2-54 (b) A criminal offense committed or violation that occurs
2-55 before the effective date of this Act is covered by the law in
2-56 effect when the criminal offense was committed or the violation
2-57 occurred, and the former law is continued in effect for this
2-58 purpose.
2-59 SECTION 6. This Act takes effect September 1, 1995.
2-60 SECTION 7. The importance of this legislation and the
2-61 crowded condition of the calendars in both houses create an
2-62 emergency and an imperative public necessity that the
2-63 constitutional rule requiring bills to be read on three several
2-64 days in each house be suspended, and this rule is hereby suspended.
2-65 * * * * *