By: Whitmire S.B. No. 1611
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of the victim services division of the
1-2 Texas Department of Criminal Justice and the assignment of certain
1-3 powers and duties to that division.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 493.002, Government Code,
1-6 is amended to read as follows:
1-7 (a) The following divisions are within the department:
1-8 (1) the community justice assistance division;
1-9 (2) the institutional division;
1-10 (3) the pardons and paroles division; [and]
1-11 (4) the state jail division; and
1-12 (5) the victim services division.
1-13 SECTION 2. Chapter 493, Government Code, is amended by
1-14 adding Section 493.0055 to read as follows:
1-15 Sec. 493.0055. VICTIM SERVICES DIVISION. (a) The victim
1-16 services division shall maintain information relevant to victims of
1-17 crime, provide notice to victims of crime as required by law, and
1-18 provide training and information on crime victims' issues to
1-19 department employees and criminal justice personnel. The division
1-20 may provide services to victims of crime and may provide
1-21 victim-related services to offenders under the jurisdiction of the
1-22 department, including victim-offender mediation and the opportunity
1-23 for dialogue between victims and offenders.
2-1 (b) The Texas Crime Victim Clearinghouse is located in the
2-2 victim services division.
2-3 (c) The board may apply for and accept gifts or grants from
2-4 any public or private source for the purpose of providing services
2-5 described by this section.
2-6 SECTION 3. Section 2, Article 42.18, Code of Criminal
2-7 Procedure, is amended by adding Subdivision (10) to read as
2-8 follows:
2-9 (10) "Victim services division" means the victim
2-10 services division of the Texas Department of Criminal Justice.
2-11 SECTION 4. Subdivisions (2) and (3), Subsection (f), Section
2-12 8, Article 42.18, Code of Criminal Procedure, are amended to read
2-13 as follows:
2-14 (2) Before a parole panel considers for parole a
2-15 prisoner who is serving a sentence for an offense in which a person
2-16 was a victim, the victim services [pardons and paroles] division,
2-17 using the name and address provided on the victim impact statement,
2-18 shall make a reasonable effort to notify a victim of the prisoner's
2-19 crime or if the victim has a legal guardian or is deceased, to
2-20 notify the legal guardian or close relative of the deceased victim.
2-21 If the notice is sent to a guardian or close relative of a deceased
2-22 victim, the notice must contain a request by the victim services
2-23 [pardons and paroles] division that the guardian or relative inform
2-24 other persons having an interest in the matter that the prisoner is
2-25 being considered for parole. The parole panel shall allow a
3-1 victim, guardian of a victim, close relative of a deceased victim,
3-2 or a representative of a victim or his guardian or close relative
3-3 to provide a written statement. The parole panel also shall allow
3-4 one person to appear in person before the board members to present
3-5 a statement of the person's views about the offense, the defendant,
3-6 and the effect of the offense on the victim. The person may be the
3-7 victim of the prisoner's crime or, if the victim has a legal
3-8 guardian or is deceased, the legal guardian of the victim or close
3-9 relative of the deceased victim. If more than one person is
3-10 otherwise entitled under this subdivision to appear in person
3-11 before the board, only the person chosen by all persons entitled to
3-12 appear as their sole representative may appear before the board.
3-13 This subsection may not be construed to limit the number of persons
3-14 who may provide written statements for or against the release of
3-15 the prisoner on parole. The parole panel shall consider the
3-16 statements and the information provided in a victim impact
3-17 statement in determining whether or not to recommend parole.
3-18 However, the failure of the victim services [pardons and paroles]
3-19 division to comply with notice requirements of this subsection is
3-20 not a ground for revocation of parole.
3-21 (3) If a victim, guardian of a victim, or close
3-22 relative of a deceased victim would be entitled to notification of
3-23 parole consideration by the victim services [pardons and paroles]
3-24 division but for failure by that person to provide a victim impact
3-25 statement containing the person's name and address, the person is
4-1 nonetheless entitled to receive notice if the person communicates
4-2 to [files with] the victim services [pardons and paroles] division
4-3 a [written] request for that notification. After receiving such a
4-4 [written] request, the victim services [pardons and paroles]
4-5 division shall grant to the person all the privileges to which the
4-6 person would be entitled had the person submitted a victim impact
4-7 statement. Before a prisoner is released from the institutional
4-8 division on parole or on the release of a prisoner on mandatory
4-9 supervision, the victim services [pardons and paroles] division
4-10 shall give notice of the release to any person entitled to
4-11 notification of parole consideration for the prisoner because the
4-12 person filed with the [pardons and paroles] division a victim
4-13 impact statement or a request for notification of a parole
4-14 consideration.
4-15 SECTION 5. Subsection (a), Section 18, Article 42.18, Code
4-16 of Criminal Procedure, is amended to read as follows:
4-17 (a) Except as provided by Subsection (b), all information,
4-18 including victim protest letters or other correspondence, victim
4-19 impact statements, lists of inmates eligible for release on parole,
4-20 and arrest records of inmates, obtained and maintained by the
4-21 department in connection with inmates of the institutional division
4-22 and related to their eligibility for or release on [subject to]
4-23 parole, [release to] mandatory supervision, or executive clemency,
4-24 or individuals who may be on mandatory supervision or parole and
4-25 under the supervision of the pardons and paroles division, or
5-1 persons directly identified in any proposed plan of release for a
5-2 prisoner, is confidential and privileged.
5-3 SECTION 6. Subsection (a), Article 56.02, Code of Criminal
5-4 Procedure, is amended to read as follows:
5-5 (a) A victim, guardian of a victim, or close relative of a
5-6 deceased victim is entitled to the following rights within the
5-7 criminal justice system:
5-8 (1) the right to receive from law enforcement agencies
5-9 adequate protection from harm and threats of harm arising from
5-10 cooperation with prosecution efforts;
5-11 (2) the right to have the magistrate take the safety
5-12 of the victim or his family into consideration as an element in
5-13 fixing the amount of bail for the accused;
5-14 (3) the right, if requested, to be informed of
5-15 relevant court proceedings and to be informed if those court
5-16 proceedings have been canceled or rescheduled prior to the event;
5-17 (4) the right to be informed, when requested, by a
5-18 peace officer concerning the defendant's right to bail and the
5-19 procedures in criminal investigations and by the district
5-20 attorney's office concerning the general procedures in the criminal
5-21 justice system, including general procedures in guilty plea
5-22 negotiations and arrangements, restitution, and the appeals and
5-23 parole process;
5-24 (5) the right to provide pertinent information to a
5-25 probation department conducting a presentencing investigation
6-1 concerning the impact of the offense on the victim and his family
6-2 by testimony, written statement, or any other manner prior to any
6-3 sentencing of the offender;
6-4 (6) the right to receive information regarding
6-5 compensation to victims of crime as provided by Subchapter B,
6-6 [Chapter 56,] including information related to the costs that may
6-7 be compensated under that subchapter [Act] and the amount of
6-8 compensation, eligibility for compensation, and procedures for
6-9 application for compensation under that subchapter [Act], the
6-10 payment for a medical examination under Article 56.06 [of this
6-11 code] for a victim of a sexual assault, and when requested, to
6-12 referral to available social service agencies that may offer
6-13 additional assistance;
6-14 (7) the right to be informed, upon request, of parole
6-15 procedures, to participate in the parole process, to be notified,
6-16 if requested, of parole proceedings concerning a defendant in the
6-17 victim's case, to provide information [to the Board of Pardons and
6-18 Paroles] for inclusion in the defendant's file [information] to
6-19 be considered by the Board of Pardons and Paroles [board] prior to
6-20 the parole of any defendant convicted of any crime subject to this
6-21 Act, and to be notified, if requested, of the defendant's release;
6-22 (8) the right to be provided with a waiting area,
6-23 separate or secure from other witnesses, including the offender and
6-24 relatives of the offender, before testifying in any proceeding
6-25 concerning the offender; if a separate waiting area is not
7-1 available, other safeguards should be taken to minimize the
7-2 victim's contact with the offender and the offender's relatives and
7-3 witnesses, before and during court proceedings;
7-4 (9) the right to prompt return of any property of the
7-5 victim that is held by a law enforcement agency or the attorney for
7-6 the state as evidence when the property is no longer required for
7-7 that purpose;
7-8 (10) the right to have the attorney for the state
7-9 notify the employer of the victim, if requested, of the necessity
7-10 of the victim's cooperation and testimony in a proceeding that may
7-11 necessitate the absence of the victim from work for good cause; and
7-12 (11) the right to counseling, on request, regarding
7-13 acquired immune deficiency syndrome (AIDS) and human
7-14 immunodeficiency virus (HIV) infection and testing for acquired
7-15 immune deficiency syndrome (AIDS), human immunodeficiency virus
7-16 (HIV) infection, antibodies to HIV, or infection with any other
7-17 probable causative agent of AIDS, if the offense is an offense
7-18 under Section 21.11(a)(1), 22.011, or 22.021, Penal Code.
7-19 SECTION 7. Subsections (a), (d), and (h), Article 56.03,
7-20 Code of Criminal Procedure, are amended to read as follows:
7-21 (a) The Texas Crime Victim Clearinghouse, with the
7-22 participation of the community justice assistance division, the
7-23 institutional division, and the pardons and paroles division of the
7-24 Texas Department of Criminal Justice [Texas Adult Probation
7-25 Commission] and the Board of Pardons and Paroles, shall develop a
8-1 form to be used by law enforcement agencies, prosecutors, and other
8-2 participants in the criminal justice system to record the impact of
8-3 an offense on a victim of the offense, guardian of a victim, or a
8-4 close relative of a deceased victim and to provide the agencies,
8-5 prosecutors, and participants with information needed to contact
8-6 the victim, guardian, or relative if needed at any stage of a
8-7 prosecution of a person charged with the offense. The Texas Crime
8-8 Victim Clearinghouse, with the participation of the community
8-9 justice assistance division, the institutional division, and the
8-10 pardons and paroles division of the Texas Department of Criminal
8-11 Justice [Texas Adult Probation Commission] and the Board of Pardons
8-12 and Paroles, shall also develop a victims' information booklet
8-13 that provides a general explanation of the criminal justice system
8-14 to victims of an offense, guardians of victims, and relatives of
8-15 deceased victims.
8-16 (d) If a victim, guardian of a victim, or close relative of
8-17 a deceased victim states on the victim impact statement that he
8-18 wishes to be notified of parole proceedings, the victim, guardian,
8-19 or relative is responsible for notifying the victim services
8-20 division of the Texas Department of Criminal Justice [Board of
8-21 Pardons and Paroles] of any change of address.
8-22 (h) Not later than December 1 of each odd-numbered year, the
8-23 Texas Crime Victim Clearinghouse, with the participation of the
8-24 community justice assistance division, the institutional division,
8-25 and the pardons and paroles division of the Texas Department of
9-1 Criminal Justice [Texas Adult Probation Commission] and the Board
9-2 of Pardons and Paroles, shall update the victim impact statement
9-3 form [and any other information] provided [by the commission] to
9-4 victims, guardians of victims, and relatives of deceased victims,
9-5 if necessary, to reflect changes in law relating to criminal
9-6 justice and the rights of victims and guardians and relatives of
9-7 victims.
9-8 SECTION 8. Subsection (e), Article 56.04, Code of Criminal
9-9 Procedure, is amended to read as follows:
9-10 (e) The victim assistance coordinator shall send a copy of a
9-11 victim impact statement to the court sentencing the defendant. If
9-12 the court sentences the defendant to imprisonment in the Texas
9-13 Department of Criminal Justice [Corrections], it shall attach the
9-14 copy of the victim impact statement to the commitment papers.
9-15 SECTION 9. Subsections (a) and (c), Article 56.05, Code of
9-16 Criminal Procedure, are amended to read as follows:
9-17 (a) The [Board of Pardons and Paroles, the Texas Adult
9-18 Probation Commission, and the] Texas Crime Victim Clearinghouse may
9-19 consult, contract and coordinate with the Texas Crime Victims'
9-20 Institute to conduct research to survey the use and evaluate the
9-21 effectiveness of[, designated as the planning body for the purposes
9-22 of this article, shall develop a survey plan to maintain statistics
9-23 on the numbers and types of persons to whom state and local
9-24 agencies provide] victim impact statements [during each year].
9-25 (c) The Texas Crime Victim Clearinghouse shall assist the
10-1 Commission on Law Enforcement Officer Standards and Education to
10-2 develop crime victim assistance standards and distribute those
10-3 standards to law enforcement officers to aid those officers in
10-4 performing the duties imposed by this chapter. The Texas Crime
10-5 Victim Clearinghouse shall develop and distribute, in cooperation
10-6 with the Texas District and County Attorneys Association, crime
10-7 victim assistance standards to aid [and] attorneys representing the
10-8 state [to aid those officers and prosecutors] in performing duties
10-9 imposed by this chapter. In developing crime victim assistance
10-10 standards, the Texas Crime Victim Clearinghouse shall utilize and
10-11 incorporate the research and findings of the Texas Crime Victims'
10-12 Institute on the needs of victims and the effectiveness of service
10-13 delivery to them.
10-14 SECTION 10. Subsection (c), Article 56.08, Code of Criminal
10-15 Procedure, is amended to read as follows:
10-16 (c) A victim who receives a notice under Subsection (a) of
10-17 this article and who chooses to receive other notice under law
10-18 about the same case must keep the following persons informed of the
10-19 victim's current address and phone number:
10-20 (1) the attorney representing the state; and
10-21 (2) the victim services [pardons and paroles] division
10-22 of the Texas Department of Criminal Justice if after sentencing the
10-23 defendant is confined in the institutional division.
10-24 SECTION 11. Article 56.11, Code of Criminal Procedure, as
10-25 amended by S.B. No. 97, Acts of the 75th Legislature, Regular
11-1 Session, 1997, is amended to read as follows:
11-2 Art. 56.11. NOTIFICATION TO STALKING VICTIM. (a) The
11-3 victim services [institutional] division of the Texas Department of
11-4 Criminal Justice shall notify the victim of the offense and local
11-5 law enforcement officials in the county where the victim resides
11-6 whenever a person convicted of a felony offense under Subsection
11-7 (a) as enhanced by Subsection (b) of Section 42.072, Penal Code:
11-8 (1) completes the person's sentence and is released;
11-9 or
11-10 (2) escapes from a facility operated by the
11-11 institutional division.
11-12 (b) It is the responsibility of the victim desiring
11-13 notification of the offender's release to notify the victim
11-14 services [institutional] division of the Texas Department of
11-15 Criminal Justice of any change of address of the victim.
11-16 (c) The victim services [institutional] division of the
11-17 Texas Department of Criminal Justice shall give the notice required
11-18 by Subsection (a) of this article:
11-19 (1) not later than the 30th day before the person
11-20 completes the sentence and is released; or
11-21 (2) immediately if the person escapes from the
11-22 facility operated by the institutional division.
11-23 SECTION 12. Article 56.12, Code of Criminal Procedure, is
11-24 amended to read as follows:
11-25 Art. 56.12. NOTIFICATION OF ESCAPE. (a) The victim
12-1 services division of the Texas Department of Criminal Justice shall
12-2 immediately make a reasonable attempt to notify the victim of an
12-3 offense, the victim's guardian, or the victim's close relative, if
12-4 the victim is deceased, whenever the offender escapes from a
12-5 facility operated by the institutional division of the Texas
12-6 Department of Criminal Justice, if the victim, victim's guardian,
12-7 or victim's close relative has notified the victim services
12-8 [institutional] division as provided by Subsection (b) of this
12-9 article. An attempt by the victim services division of the Texas
12-10 Department of Criminal Justice to give notice to the victim, the
12-11 guardian of the victim, or a close relative of a deceased victim at
12-12 the victim's, the guardian of the victim's, or a close relative of
12-13 a deceased victim's last known telephone number or address as shown
12-14 on the records of the division [department] constitutes a
12-15 reasonable attempt to give notice under this subsection.
12-16 (b) It is the responsibility of the victim, guardian, or
12-17 close relative desiring notification of an offender's escape to
12-18 notify the victim services division of the Texas Department of
12-19 Criminal Justice of the desire for notification and any change of
12-20 address.
12-21 SECTION 13. This Act takes effect September 1, 1997.
12-22 SECTION 14. The importance of this legislation and the
12-23 crowded condition of the calendars in both houses create an
12-24 emergency and an imperative public necessity that the
12-25 constitutional rule requiring bills to be read on three several
13-1 days in each house be suspended, and this rule is hereby suspended.