AEZ C.S.H.B. 1119 75(R)BILL ANALYSIS CRIMINAL JURISPRUDENCE C.S.H.B. 1119 By: Allen 4-17-97 Committee Report (Substituted) BACKGROUND Currently, victims of crime are not notified of all court proceedings arising from the trial of a defendant and persons involved in the criminal justice system -- judges, prosecuting attorneys, law enforcement personnel, and employees of the prison system are not properly trained in matters involving crime victims' issues. In addition, wage garnishment is not permitted as a means to assure payment of restitution to victims. PURPOSE CSHB 1119 amends the crime victims' rights to include additional notification requirements and ensures training and education in crime victim's issues for persons involved in the criminal justice system. In addition, it sets forth the necessary enabling language permitting wage garnishment if a proposed constitutional amendment authorizing wage garnishment for restitution to victims is approved by the voters. RULEMAKING AUTHORITY It is the committee's opinion that this bill does grant additional rulemaking authority in SECTION 15, Sec.493.022 (b), Government Code, to the Texas Board of Criminal Justice to provide the training required. SECTION BY SECTION ANALYSIS SECTION 1Amends Article 56.02(a)(3), Code of Criminal Procedure, CRIME VICTIMS RIGHTS by requiring the attorney representing the state or the attorney's designated representative to inform a victim, a guardian of a victim, or a close relative of a victim of all court proceedings, specifically including appellate proceedings and any decision in a court proceeding immediately after the decision is filed and entered. This section adds the right to request victim-offender mediation coordinated by the victims services section of the Texas Department of Criminal Justice and the right to be informed of the uses of a victim impact statement and the statement's purposes in the criminal justice system. SECTION 2Amends Article 56.02(b), Code of Criminal Procedure, by giving the victim, guardian of a victim, or close relative of a deceased victim the right to be present at all public court proceedings related to the offense, subject to the approval of the judge in the case. SECTION 3Amends Article 56.08, Code of Criminal Procedure, NOTIFICATION OF RIGHTS BY ATTORNEY REPRESENTING THE STATE by adding subsection (e) requiring that the brief general statement describing the plea bargaining stage in a criminal trial include the following: (1) a statement that the victim impact statement will be considered by the attorney representing the state when entering into a plea bargaining agreement; and (2) a statement that the judge, before accepting the plea bargain, is required to ask whether the victim impact statement has been returned to attorney and, if the statement has been returned, for a copy of it. SECTION 4.Amends Article 56.12, Code of Criminal Procedure, NOTIFICATION OF ESCAPE, by adding to the caption OR TRANSFER and by requiring the Texas Department of Criminal Justice to notify the victim, victim's guardian, or victims close relative if the victim is deceased whenever the offender escapes from a facility operated by the institutional division or is transferred from the custody of the institutional division to the custody of a peace officer under a writ of attachment or a bench warrant, and makes it the responsibility of the victim, guardian, or close relative to notify Texas Department of Criminal Justice of the desire for the above notification and any change of address. In providing notice the institutional division shall include the name, address, and telephone number of the peace officer receiving the inmate into custody. On returning the inmate to the institutional division, the peace officer shall notify the victim, guardian, or close relative if victim is deceased of that fact. SECTION 5.Amends Chapter 76, Government Code, COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENTS by adding Section 76.016, which requires the Texas Department of Criminal Justice to make a reasonable effort to notify the victim, the guardian of a victim, or a close relative of a deceased victim of the fact that the defendant has been placed on community supervision, the conditions of community supervision imposed on the defendant, and the date, time, and location of any hearing or proceeding at which the conditions of the defendant's placement on community supervision may be revoked or terminated. In addition to making substantive changes, this section conforms Chapter 76, Government Code, to Section 1, Chapter 252, Acts of the 74th Legislature, Regular Session, 1995 which is repealed. This section prevails over another Act of the 75th Legislature that relates to nonsubstantive additions to and corrections in enacted codes. SECTION 6.Amends Article 56.03(e), Code of Criminal Procedure, VICTIM IMPACT STATEMENT to exclude the victim's name, address, and telephone number from victim-impact statement when read before the court. If the defendant received community supervision, the court shall forward any victim's impact statement to the community supervision and corrections department. SECTION 7.Amends Article 42.037, Code of Criminal Procedure, RESTITUTION, by allowing the pardons and paroles division to waive a supervision fee or administrative fee imposed on an inmate during any period during which the inmate must pay restitution. SECTION 8.Amends Subchapter A of Chapter 56, Code of Criminal Procedure, CRIME VICTIMS' RIGHTS by adding Article 56.13, requiring the victim services office of the Texas Department of Criminal Justice to train persons to act as mediators between victims, guardians of victims, and close relatives of deceased victims and offenders whose criminal conduct caused bodily injury or death to the victims and to provide mediation services through referral of a trained person. SECTION 9.Amends Article 42.12, Code of Criminal Procedure, by adding Section 30, VICTIMOFFENDER MEDIATION requiring a judge, after being notified by the victim services office of the Texas Department of Criminal Justice that a victim, a guardian of a victim, and close relatives of deceased victims wish to participate in victimoffender mediation, to cooperate and assist a defendant if the defendant chooses to participate. The defendant may not be required to participate, nor may a defendant receive any benefit or reward for participating. SECTION 10.Amends Article 42.18, Code of Criminal Procedure, ADULT PAROLE AND MANDATORY SUPERVISION LAW by adding Section 12A which gives a victim, close relative or guardian if subpoenaed to be at a hearing, the right to have representation. Article 42.18, is also amended by adding Section 30, requiring the pardons and paroles division, after being notified by the victim services office of the Texas Department of Criminal Justice that a victim, a guardian of a victim, and close relatives of deceased victims wish victim-offender mediation, to cooperate and assist a defendant if the defendant chooses to participate. The defendant may not be required to participate, nor may a defendant receive any benefit or reward for participating. SECTION 11.Amends Subchapter A of Chapter 501, Government Code, INMATE WELFARE, by adding Section 501.018 VICTIM-OFFENDER MEDIATION, requiring the institutional division of the Texas Department of Criminal Justice, after being notified by the victim services office of the department that a victim, a guardian of a victim, or close relatives of deceased victims wish to participate in victim-offender mediation, to cooperate and assist a defendant if the defendant chooses to participate. The defendant may not be required to participate, nor may a defendant receive any benefit or reward for participating. SECTION 12.Amends Article 56.05,Code of Criminal Procedure, REPORTS REQUIRED by adding (d), which requires the Texas Crime Victim Clearinghouse to periodically develop and submit to the Court of Criminal Appeals, the Commission of Law Enforcement Officer Standards and Education, and the Texas Department of Criminal Justice recommendations for training in crime victims' issues of law enforcement officers, prosecutors, judges, community supervision and corrections department officers, and parole officers. SECTION 13.Amends Section 415.032 (b), Government Code, CURRICULUM, by adding subsection (3) which provides that TCLEOSE shall require courses and programs to provide training in crime victims rights under Chapter 56, Code of Criminal Procedure and Chapter 57 Family Code and the duty of law enforcement agencies to ensure that a victim is afforded those rights. SECTION 14.Amends Section 415.034, Government Code, CONTINUING EDUCATION by adding (j) requiring each peace officer to take one in-service training course on crime victim's rights. The agency may require additional training at regular intervals. SECTION 15.Amends Chapter 493, Government Code, TEXAS DEPARTMENT OF CRIMINAL JUSTICE: ORGANIZATION by adding Section 493.022, requiring the Texas Department of Criminal Justice to provide an annual four-hour training program in crime victims' issues through the community justice assistance division to community supervision and corrections department officers and through the pardons and paroles division to parole officers. The Texas Board of Criminal Justice is required to adopt rules to provide the training. SECTION 16.Provides that the Commission on Law Enforcement Officer Standards and Education shall establish the new courses and programs required by this act not later than January 1, 1998. Also provides that, for persons who are officers on September 1, 1997, the first set of courses required under Section 415.034, Government Code, as amended by this act, must be completed before September 1, 1999. SECTION 17.Provides that the Texas Board of Criminal Justice shall establish the programs required by this act not later than January 1, 1998. Also provides that, for persons who are community supervision and corrections department officers or parole officers or who are members of the Board of Pardons and Paroles on September 1, 1997, participation in a program required by Section 493.015, Government Code, as added by this act, must be completed by September 1, 1999. SECTION 18.Effective date: September 1, 1997. SECTION 19.Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute adds to the rights of a victim the right to be informed of the uses of a victim impact statement and the statement's purpose in the criminal justice system. The victim impact statement should be considered by the attorney representing the state and the judge before sentencing or before a plea bargain agreement is reached as well as by the Board of Pardons and Parole before an inmate is released on parole. The substitute adds language allowing the pardons and paroles division to waive a supervision fee or administrative fee imposed on an inmate during any period during which the inmate must pay restitution. The substitute gives a victim, close relative or guardian if subpoenaed to appear at a hearing the right to representation. The Commission shall require each peace officer to take one in service training course on crime victims' rights and additional training will be required at regular intervals. The original contained a section called Judicial Instruction Regarding Crime Victims Issues. The substitute does not. Article 3 of the original bill is not in the substitute.