75R10995 GWK-D
By Allen, Talton, Culberson, et al. H.B. No. 1119
Substitute the following for H.B. No. 1119:
By Reyna of Bexar C.S.H.B. No. 1119
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the rights of victims of crime, including participation
1-3 by victims in certain criminal proceedings, the payment of
1-4 restitution to victims, and the training of officers who deal with
1-5 victims.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Article 56.02(a), Code of Criminal Procedure, is
1-8 amended to read as follows:
1-9 (a) A victim, guardian of a victim, or close relative of a
1-10 deceased victim is entitled to the following rights within the
1-11 criminal justice system:
1-12 (1) the right to receive from law enforcement agencies
1-13 adequate protection from harm and threats of harm arising from
1-14 cooperation with prosecution efforts;
1-15 (2) the right to have the magistrate take the safety
1-16 of the victim or his family into consideration as an element in
1-17 fixing the amount of bail for the accused;
1-18 (3) the right, if requested, to be informed:
1-19 (A) by the attorney representing the state of
1-20 relevant court proceedings, including appellate proceedings, and to
1-21 be informed if those [court] proceedings have been canceled or
1-22 rescheduled prior to the event; and
1-23 (B) by an appellate court of decisions of the
1-24 court, after the decisions are entered but before the decisions are
2-1 made public;
2-2 (4) the right to be informed, when requested, by a
2-3 peace officer concerning the defendant's right to bail and the
2-4 procedures in criminal investigations and by the district
2-5 attorney's office concerning the general procedures in the criminal
2-6 justice system, including general procedures in guilty plea
2-7 negotiations and arrangements, restitution, and the appeals and
2-8 parole process;
2-9 (5) the right to provide pertinent information to a
2-10 probation department conducting a presentencing investigation
2-11 concerning the impact of the offense on the victim and his family
2-12 by testimony, written statement, or any other manner prior to any
2-13 sentencing of the offender;
2-14 (6) the right to receive information regarding
2-15 compensation to victims of crime as provided by Subchapter B[,
2-16 Chapter 56], including information related to the costs that may be
2-17 compensated under that subchapter [Act] and the amount of
2-18 compensation, eligibility for compensation, and procedures for
2-19 application for compensation under that subchapter [Act], the
2-20 payment for a medical examination under Article 56.06 [of this
2-21 code] for a victim of a sexual assault, and when requested, to
2-22 referral to available social service agencies that may offer
2-23 additional assistance;
2-24 (7) the right to be informed, upon request, of parole
2-25 procedures, to participate in the parole process, to be notified,
2-26 if requested, of parole proceedings concerning a defendant in the
2-27 victim's case, to provide to the Board of Pardons and Paroles for
3-1 inclusion in the defendant's file information to be considered by
3-2 the board prior to the parole of any defendant convicted of any
3-3 crime subject to this Act, and to be notified, if requested, of the
3-4 defendant's release;
3-5 (8) the right to be provided with a waiting area,
3-6 separate or secure from other witnesses, including the offender and
3-7 relatives of the offender, before testifying in any proceeding
3-8 concerning the offender; if a separate waiting area is not
3-9 available, other safeguards should be taken to minimize the
3-10 victim's contact with the offender and the offender's relatives and
3-11 witnesses, before and during court proceedings;
3-12 (9) the right to prompt return of any property of the
3-13 victim that is held by a law enforcement agency or the attorney for
3-14 the state as evidence when the property is no longer required for
3-15 that purpose;
3-16 (10) the right to have the attorney for the state
3-17 notify the employer of the victim, if requested, of the necessity
3-18 of the victim's cooperation and testimony in a proceeding that may
3-19 necessitate the absence of the victim from work for good cause;
3-20 [and]
3-21 (11) the right to counseling, on request, regarding
3-22 acquired immune deficiency syndrome (AIDS) and human
3-23 immunodeficiency virus (HIV) infection and testing for acquired
3-24 immune deficiency syndrome (AIDS), human immunodeficiency virus
3-25 (HIV) infection, antibodies to HIV, or infection with any other
3-26 probable causative agent of AIDS, if the offense is an offense
3-27 under Section 21.11(a)(1), 22.011, or 22.021, Penal Code;
4-1 (12) the right to request victim-offender mediation
4-2 coordinated by the victim services section of the Texas Department
4-3 of Criminal Justice; and
4-4 (13) the right to be informed of the uses of a victim
4-5 impact statement and the statement's purpose in the criminal
4-6 justice system, to complete the victim impact statement, and to
4-7 have the victim impact statement considered:
4-8 (A) by the attorney representing the state and
4-9 the judge before sentencing or before a plea bargain agreement is
4-10 accepted; and
4-11 (B) by the Board of Pardons and Paroles before
4-12 an inmate is released on parole.
4-13 SECTION 2. Article 56.02(b), Code of Criminal Procedure, is
4-14 amended to read as follows:
4-15 (b) A victim, guardian of a victim, or close relative of a
4-16 deceased victim is entitled to the right to be present at all
4-17 public court proceedings related to the offense, subject to the
4-18 approval of the judge in the case.
4-19 SECTION 3. Article 56.08, Code of Criminal Procedure, is
4-20 amended by adding Subsection (e) to read as follows:
4-21 (e) The brief general statement describing the plea
4-22 bargaining stage in a criminal trial required by Subsection (a)(1)
4-23 shall include a statement that:
4-24 (1) the victim impact statement provided by the
4-25 victim, guardian of a victim, or close relative of a deceased
4-26 victim will be considered by the attorney representing the state in
4-27 entering into the plea bargain agreement; and
5-1 (2) the judge before accepting the plea bargain is
5-2 required under Section 26.13(e) to ask:
5-3 (A) whether a victim impact statement has been
5-4 returned to the attorney; and
5-5 (B) if a statement has been returned, for a copy
5-6 of the statement.
5-7 SECTION 4. Article 56.12, Code of Criminal Procedure, is
5-8 amended to read as follows:
5-9 Art. 56.12. NOTIFICATION OF ESCAPE OR TRANSFER. (a) The
5-10 Texas Department of Criminal Justice shall immediately [make a
5-11 reasonable attempt to] notify the victim of an offense, the
5-12 victim's guardian, or the victim's close relative, if the victim is
5-13 deceased[, whenever the offender escapes from a facility operated
5-14 by the institutional division of the Texas Department of Criminal
5-15 Justice], if the victim, victim's guardian, or victim's close
5-16 relative has notified the institutional division as provided by
5-17 Subsection (b) of this article, whenever the offender:
5-18 (1) escapes from a facility operated by the
5-19 institutional division; or
5-20 (2) is transferred from the custody of the
5-21 institutional division to the custody of a peace officer under a
5-22 writ of attachment or a bench warrant. [An attempt by the Texas
5-23 Department of Criminal Justice to give notice to the victim, the
5-24 guardian of the victim, or a close relative of a deceased victim at
5-25 the victim's, the guardian of the victim's, or a close relative of
5-26 a deceased victim's last known telephone number or address as shown
5-27 on the records of the department constitutes a reasonable attempt
6-1 to give notice under this subsection.]
6-2 (b) It is the responsibility of the victim, guardian, or
6-3 close relative desiring notification of an offender's escape or
6-4 transfer from custody under a writ of attachment or bench warrant
6-5 to notify the Texas Department of Criminal Justice of the desire
6-6 for notification and any change of address.
6-7 (c) In providing notice under Subsection (a)(2), the
6-8 institutional division shall include the name, address, and
6-9 telephone number of the peace officer receiving the inmate into
6-10 custody. On returning the inmate to the custody of the
6-11 institutional division, the peace officer shall notify the victim,
6-12 the victim's guardian, or the victim's close relative if the victim
6-13 is deceased, of that fact.
6-14 SECTION 5. (a) Chapter 76, Government Code, is amended by
6-15 adding Section 76.016 to read as follows:
6-16 Sec. 76.016. VICTIM NOTIFICATION. (a) A department, using
6-17 the name and address provided by the attorney representing the
6-18 state under Article 56.08(d), Code of Criminal Procedure, shall
6-19 make a reasonable effort to notify a victim of the defendant's
6-20 crime or, if the victim has a guardian or is deceased, to notify
6-21 the guardian of the victim or close relative of the deceased victim
6-22 of:
6-23 (1) the fact that the defendant has been placed on
6-24 community supervision;
6-25 (2) the conditions of community supervision imposed on
6-26 the defendant by the court; and
6-27 (3) the date, time, and location of any hearing or
7-1 proceeding at which the conditions of the defendant's community
7-2 supervision may be modified or the defendant's placement on
7-3 community supervision may be revoked or terminated.
7-4 (b) In this section, "close relative of a deceased victim,"
7-5 "guardian of a victim," and "victim" have the meanings assigned by
7-6 Article 56.01, Code of Criminal Procedure.
7-7 (b) In addition to substantive changes made by this section,
7-8 this section conforms Chapter 76, Government Code, to Section 1,
7-9 Chapter 252, Acts of the 74th Legislature, Regular Session, 1995.
7-10 (c) Section 1, Chapter 252, Acts of the 74th Legislature,
7-11 Regular Session, 1995, is repealed.
7-12 (d) To the extent of any conflict, this section prevails
7-13 over another Act of the 75th Legislature, Regular Session, 1997,
7-14 relating to nonsubstantive additions to and corrections in enacted
7-15 codes.
7-16 SECTION 6. Article 56.03(e), Code of Criminal Procedure, is
7-17 amended to read as follows:
7-18 (e) Prior to the imposition of a sentence by the court in a
7-19 criminal case, the court, if it has received a victim impact
7-20 statement, shall consider the information provided in the
7-21 statement. Before sentencing the defendant, the court shall permit
7-22 the defendant or his counsel a reasonable time to read the
7-23 statement, excluding the victim's name, address, and telephone
7-24 number, comment on the statement, and, with the approval of the
7-25 court, introduce testimony or other information alleging a factual
7-26 inaccuracy in the statement. If the court sentences the defendant
7-27 to a term of community supervision [probation], the court shall
8-1 forward any victim's impact statement received in the case to the
8-2 community supervision and corrections [probation] department
8-3 supervising the defendant, along with the papers in the case.
8-4 SECTION 7. Article 42.037, Code of Criminal Procedure, is
8-5 amended by adding Subsection (m) to read as follows:
8-6 (m) The pardons and paroles division may waive a supervision
8-7 fee imposed on an inmate under Section 8(j), Article 42.18, or an
8-8 administrative fee imposed on an inmate under Section 8(o), Article
8-9 42.18, as added by Chapter 805, Acts of the 73rd Legislature,
8-10 Regular Session, 1993, during any period in which the inmate is
8-11 required to pay restitution under this article.
8-12 SECTION 8. Subchapter A, Chapter 56, Code of Criminal
8-13 Procedure, is amended by adding Article 56.13 to read as follows:
8-14 Art. 56.13. VICTIM-OFFENDER MEDIATION. The victim services
8-15 section of the Texas Department of Criminal Justice shall:
8-16 (1) train volunteers to act as mediators between
8-17 victims, guardians of victims, and close relatives of deceased
8-18 victims and offenders whose criminal conduct caused bodily injury
8-19 or death to victims; and
8-20 (2) provide mediation services through referral of a
8-21 trained volunteer, if requested by a victim, guardian of a victim,
8-22 or close relative of a deceased victim.
8-23 SECTION 9. Article 42.12, Code of Criminal Procedure, is
8-24 amended by adding Section 30 to read as follows:
8-25 Sec. 30. VICTIM-OFFENDER MEDIATION. If a judge who places a
8-26 defendant on community supervision receives notice from the victim
8-27 services section of the Texas Department of Criminal Justice that a
9-1 victim of the defendant, or the victim's guardian or close
9-2 relative, wishes to participate in victim-offender mediation with
9-3 the defendant, the court shall encourage the defendant to
9-4 participate in the mediation program provided by the section. The
9-5 judge may not require the defendant to participate and may not
9-6 reward the defendant for participation by modifying conditions of
9-7 community supervision, offering early termination of community
9-8 supervision, or granting any other benefit to the defendant.
9-9 SECTION 10. Article 42.18, Code of Criminal Procedure, is
9-10 amended by adding Sections 12A and 30 to read as follows:
9-11 Sec. 12A. VICTIM'S RIGHT TO REPRESENTATION. (a) If a
9-12 victim, close relative of a deceased victim, or guardian of a
9-13 victim is required by a subpoena issued under Section 12 to appear
9-14 at a hearing, the victim, relative, or guardian is entitled to
9-15 representation by counsel at the hearing.
9-16 (b) This section does not require the state to provide
9-17 representation by counsel to a victim, close relative of a deceased
9-18 victim, or guardian of a victim.
9-19 (c) In this section, "victim," "close relative of a deceased
9-20 victim," and "guardian of a victim" have the meanings assigned by
9-21 Section 8(f)(1).
9-22 Sec. 30. VICTIM-OFFENDER MEDIATION. If the pardons and
9-23 paroles division receives notice from the victim services section
9-24 of the Texas Department of Criminal Justice that a victim of the
9-25 defendant, or the victim's guardian or close relative, wishes to
9-26 participate in victim-offender mediation with a person released to
9-27 parole or mandatory supervision, the division shall encourage the
10-1 person to participate in the mediation program provided by the
10-2 section. The pardons and paroles division may not require the
10-3 defendant to participate and may not reward the person for
10-4 participation by modifying conditions of release or the person's
10-5 level of supervision or by granting any other benefit to the
10-6 person.
10-7 SECTION 11. Subchapter A, Chapter 501, Government Code, is
10-8 amended by adding Section 501.018 to read as follows:
10-9 Sec. 501.018. VICTIM-OFFENDER MEDIATION. If the
10-10 institutional division receives notice from the victim services
10-11 section of the department that a victim of an inmate imprisoned by
10-12 the division, or the victim's guardian or close relative, wishes to
10-13 participate in victim-offender mediation with the inmate, the
10-14 division shall encourage the inmate to participate in the program
10-15 provided by the section. The institutional division may not
10-16 require the inmate to participate and may not reward the inmate for
10-17 participation by improving the inmate's classification status or
10-18 privileges or by granting any other benefits to the inmate.
10-19 SECTION 12. Article 56.05, Code of Criminal Procedure, is
10-20 amended by adding Subsection (d) to read as follows:
10-21 (d) The Texas Crime Victim Clearinghouse shall periodically
10-22 develop and submit to the Commission on Law Enforcement Officer
10-23 Standards and Education and the Texas Department of Criminal
10-24 Justice recommendations for training in crime victims' issues of
10-25 law enforcement officers, community supervision and corrections
10-26 department officers, and parole officers.
10-27 SECTION 13. Section 415.032(b), Government Code, is amended
11-1 to read as follows:
11-2 (b) In establishing requirements under this section, the
11-3 commission shall require courses and programs to provide training
11-4 in:
11-5 (1) the investigation and documentation of cases that
11-6 involve the following:
11-7 (A) child abuse;
11-8 (B) child neglect;
11-9 (C) family violence; and
11-10 (D) sexual assault; [and]
11-11 (2) issues concerning sex offender characteristics;
11-12 and
11-13 (3) crime victims' rights under Chapter 56, Code of
11-14 Criminal Procedure, and Chapter 57, Family Code, and the duty of
11-15 law enforcement agencies to ensure that a victim is afforded those
11-16 rights.
11-17 SECTION 14. Section 415.034, Government Code, is amended by
11-18 adding Subsection (j) to read as follows:
11-19 (j) The commission shall require a state, county, special
11-20 district, or municipal agency that appoints or employs a peace
11-21 officer to require each peace officer to complete one in-service
11-22 training course on crime victims' rights as part of the continuing
11-23 education program described by Subsection (b), unless the peace
11-24 officer received training in crime victims' rights under Section
11-25 415.032(b)(3). The agency may require each peace officer to
11-26 receive additional training in crime victims' rights at regular
11-27 intervals that the agency determines are of sufficient frequency to
12-1 maintain the peace officer's familiarity with the subject matter.
12-2 SECTION 15. Chapter 493, Government Code, is amended by
12-3 adding Section 493.022 to read as follows:
12-4 Sec. 493.022. INSTRUCTION REGARDING CRIME VICTIMS' ISSUES.
12-5 (a) The department shall provide an annual four-hour training
12-6 program in crime victims' issues:
12-7 (1) through the community justice assistance division,
12-8 to community supervision and corrections department officers; and
12-9 (2) through the pardons and paroles division, to
12-10 parole officers.
12-11 (b) The board shall adopt rules to provide the training
12-12 required by Subsection (a). In adopting the rules, the board shall
12-13 consult with the Texas Crime Victim Clearinghouse and may request
12-14 recommendations for instruction content. The instruction must
12-15 include information about:
12-16 (1) crime victims' rights under Chapter 56, Code of
12-17 Criminal Procedure; and
12-18 (2) the duty of community supervision and corrections
12-19 department officers and parole officers to ensure that a victim is
12-20 afforded those rights.
12-21 SECTION 16. (a) The Commission on Law Enforcement Officer
12-22 Standards and Education shall establish the new courses and
12-23 programs required by this Act not later than January 1, 1998.
12-24 (b) For persons who are officers on September 1, 1997, the
12-25 first set of courses required under Section 415.034, Government
12-26 Code, as amended by this Act, must be completed before September 1,
12-27 1999.
13-1 SECTION 17. The Texas Board of Criminal Justice shall
13-2 establish the programs required by this Act not later than January
13-3 1, 1998. For persons who are community supervision and corrections
13-4 department officers or parole officers on September 1, 1997,
13-5 participation in a program required by Section 493.022, Government
13-6 Code, as added by this Act, must be completed by September 1, 1999.
13-7 SECTION 18. This Act takes effect September 1, 1997.
13-8 SECTION 19. The importance of this legislation and the
13-9 crowded condition of the calendars in both houses create an
13-10 emergency and an imperative public necessity that the
13-11 constitutional rule requiring bills to be read on three several
13-12 days in each house be suspended, and this rule is hereby suspended.