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                               * * * * *