By Whitmire                                     S.B. No. 1611

      75R6207 GWK-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the creation of the victim services division of the

 1-3     Texas Department of Criminal Justice and the assignment of certain

 1-4     powers and duties to that division.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 493.002(a), Government Code, is amended

 1-7     to read as follows:

 1-8           (a)  The following divisions are within the department:

 1-9                 (1)  the community justice assistance division;

1-10                 (2)  the institutional division;

1-11                 (3)  the pardons and paroles division;  [and]

1-12                 (4)  the state jail division; and

1-13                 (5)  the victim services division.

1-14           SECTION 2.  Chapter 493, Government Code, is amended by

1-15     adding Section 493.0055 to read as follows:

1-16           Sec. 493.0055.  VICTIM SERVICES DIVISION.  (a)  The victim

1-17     services division shall maintain information relevant to victims of

1-18     crime, provide notice to victims of crime as required by law, and

1-19     provide training and information on crime victims' issues to

1-20     department employees and criminal justice personnel.  The division

1-21     may provide services to victims of crime and may provide

1-22     victim-related services to offenders under the jurisdiction of the

1-23     department, including victim-offender mediation and the opportunity

1-24     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), Section 8(f), Article

2-12     42.18, Code of Criminal Procedure, are amended to read as follows:

2-13                 (2)  Before a parole panel considers for parole a

2-14     prisoner who is serving a sentence for an offense in which a person

2-15     was a victim, the victim services [pardons and paroles] division,

2-16     using the name and address provided on the victim impact statement,

2-17     shall make a reasonable effort to notify a victim of the prisoner's

2-18     crime or if the victim has a legal guardian or is deceased, to

2-19     notify the legal guardian or close relative of the deceased victim.

2-20     If the notice is sent to a guardian or close relative of a deceased

2-21     victim, the notice must contain a request by the victim services

2-22     [pardons and paroles] division that the guardian or relative

2-23     inform other persons having an interest in the matter that the

2-24     prisoner is being considered for parole.  The parole panel shall

2-25     allow a victim, guardian of a victim, close relative of a deceased

2-26     victim, or a representative of a victim or his guardian or close

2-27     relative to provide a written statement.  The parole panel also

 3-1     shall allow one person to appear in person before the board members

 3-2     to present a statement of the person's views about the offense, the

 3-3     defendant, and the effect of the offense on the victim.  The person

 3-4     may be the victim of the prisoner's crime or, if the victim has a

 3-5     legal guardian or is deceased, the legal guardian of the victim or

 3-6     close relative of the deceased victim.  If more than one person is

 3-7     otherwise entitled under this subdivision to appear in person

 3-8     before the board, only the person chosen by all persons entitled to

 3-9     appear as their sole representative may appear before the board.

3-10     This subsection may not be construed to limit the number of persons

3-11     who may provide written statements for or against the release of

3-12     the prisoner on parole.  The parole panel shall consider the

3-13     statements and the information provided in a victim impact

3-14     statement in determining whether or not to recommend parole.

3-15     However, the failure of the victim services [pardons and paroles]

3-16     division to comply with notice requirements of this subsection  is

3-17     not a ground for revocation of parole.

3-18                 (3)  If a victim, guardian of a victim, or close

3-19     relative of a deceased victim would be entitled to notification of

3-20     parole consideration by the victim services [pardons and paroles]

3-21     division but for failure by that person to provide a victim impact

3-22     statement containing the person's name and address, the person is

3-23     nonetheless entitled to receive notice if the person communicates

3-24     to [files with] the victim services [pardons and paroles] division

3-25     a [written] request for that notification.  After receiving such a

3-26     [written] request, the victim services [pardons and paroles]

3-27     division shall grant to the person all the privileges to which the

 4-1     person would be entitled had the person submitted a victim impact

 4-2     statement.  Before a prisoner is released from the institutional

 4-3     division on parole or on the release of a prisoner on mandatory

 4-4     supervision, the victim services [pardons and paroles] division

 4-5     shall give notice of the release to any person entitled to

 4-6     notification of parole consideration for the prisoner because the

 4-7     person filed with the [pardons and paroles] division a victim

 4-8     impact statement or a request for notification of a parole

 4-9     consideration.

4-10           SECTION 5.  Section 18(a), Article 42.18, Code of Criminal

4-11     Procedure, is amended to read as follows:

4-12           (a)  Except as provided by Subsection (b), all information,

4-13     including victim protest letters or other correspondence, victim

4-14     impact statements, lists of inmates eligible for release on parole,

4-15     and arrest records of inmates, obtained and maintained by the

4-16     department in connection with inmates of the institutional division

4-17     and  related to their eligibility for or release on [subject to]

4-18     parole, [release to] mandatory supervision, or executive  clemency,

4-19     or individuals who may be on mandatory supervision or parole and

4-20     under the supervision of the pardons and paroles division, or

4-21     persons directly identified in any proposed plan of release for a

4-22     prisoner, is confidential and privileged.

4-23           SECTION 6.  Article 56.02(a), Code of Criminal Procedure, is

4-24     amended to read as follows:

4-25           (a)  A victim, guardian of a victim, or close relative of a

4-26     deceased victim is entitled to the following rights within the

4-27     criminal justice system:

 5-1                 (1)  the right to receive from law enforcement agencies

 5-2     adequate protection from harm and threats of harm arising from

 5-3     cooperation with prosecution efforts;

 5-4                 (2)  the right to have the magistrate take the safety

 5-5     of the victim or his family into consideration as an element in

 5-6     fixing the amount of bail for the accused;

 5-7                 (3)  the right, if requested, to be informed of

 5-8     relevant court proceedings and to be informed if those court

 5-9     proceedings have been canceled or rescheduled prior to the event;

5-10                 (4)  the right to be informed, when requested, by a

5-11     peace officer concerning the defendant's right to bail and the

5-12     procedures in criminal investigations and by the district

5-13     attorney's office concerning the general procedures in the criminal

5-14     justice system, including general procedures in guilty plea

5-15     negotiations and arrangements, restitution, and the appeals and

5-16     parole process;

5-17                 (5)  the right to provide pertinent information to a

5-18     probation department conducting a presentencing investigation

5-19     concerning the impact of the offense on the victim and his family

5-20     by testimony, written statement, or any other manner prior to any

5-21     sentencing of the offender;

5-22                 (6)  the right to receive information regarding

5-23     compensation to victims of crime as provided by Subchapter B,

5-24     [Chapter 56,] including information related to the costs that may

5-25     be compensated under that subchapter [Act] and  the amount of

5-26     compensation, eligibility for compensation, and procedures for

5-27     application for compensation under that subchapter [Act], the

 6-1     payment for a medical examination under Article 56.06 [of this

 6-2     code] for a victim of a sexual assault, and when requested, to

 6-3     referral to available social service agencies that may offer

 6-4     additional assistance;

 6-5                 (7)  the right to be informed, upon request, of parole

 6-6     procedures, to participate in the parole process, to be notified,

 6-7     if requested, of parole proceedings concerning a defendant in the

 6-8     victim's case, to provide information [to the Board of Pardons and

 6-9     Paroles]   for inclusion in the defendant's file [information] to

6-10     be considered by the Board of Pardons and Paroles [board] prior to

6-11     the parole of any defendant convicted  of any crime subject to this

6-12     Act, and to be notified, if requested, of the defendant's release;

6-13                 (8)  the right to be provided with a waiting area,

6-14     separate or secure from other witnesses, including the offender and

6-15     relatives of the offender, before testifying in any proceeding

6-16     concerning the offender;  if a separate waiting area is not

6-17     available, other safeguards should be taken to minimize the

6-18     victim's contact with the offender and the offender's relatives and

6-19     witnesses, before and during court proceedings;

6-20                 (9)  the right to prompt return of any property of the

6-21     victim that is held by a law enforcement agency or the attorney for

6-22     the state as evidence when the property is no longer required for

6-23     that purpose;

6-24                 (10)  the right to have the attorney for the state

6-25     notify the employer of the victim, if requested, of the necessity

6-26     of the victim's cooperation and testimony in a proceeding that may

6-27     necessitate the absence of the victim from work for good cause;

 7-1     and

 7-2                 (11)  the right to counseling, on request, regarding

 7-3     acquired immune deficiency syndrome (AIDS) and human

 7-4     immunodeficiency virus (HIV) infection and testing for acquired

 7-5     immune deficiency syndrome (AIDS), human immunodeficiency virus

 7-6     (HIV) infection, antibodies to HIV, or infection with any other

 7-7     probable causative agent of AIDS, if the offense is an offense

 7-8     under  Section 21.11(a)(1),  22.011, or  22.021, Penal Code.

 7-9           SECTION 7.  Subsections (a), (d), and (h), Article 56.03,

7-10     Code of Criminal Procedure, are amended to read as follows:

7-11           (a)  The Texas Crime Victim Clearinghouse, with the

7-12     participation of the community justice assistance division,

7-13     institutional division, and pardons and paroles division of the

7-14     Texas Department of Criminal Justice [Texas Adult Probation

7-15     Commission] and the Board of Pardons and Paroles, shall develop a

7-16     form  to be used by law enforcement agencies, prosecutors, and

7-17     other participants in the criminal justice system to record the

7-18     impact of an offense on a victim of the offense, guardian of a

7-19     victim, or a close relative of a deceased victim and to provide the

7-20     agencies, prosecutors, and participants with information needed to

7-21     contact the victim, guardian, or relative if needed at any stage of

7-22     a prosecution of a person charged with the offense.  The Texas

7-23     Crime Victim Clearinghouse, with the participation of the community

7-24     justice assistance division, institutional division, and the

7-25     pardons and paroles division of the Texas Department of Criminal

7-26     Justice [Texas Adult Probation Commission] and the Board of Pardons

7-27     and Paroles,  shall also develop a victims' information booklet

 8-1     that provides a general explanation of the criminal justice system

 8-2     to victims of an offense, guardians of victims, and relatives of

 8-3     deceased victims.

 8-4           (d)  If a victim, guardian of a victim, or close relative of

 8-5     a deceased victim states on the victim impact statement that he

 8-6     wishes to be notified of parole proceedings, the victim, guardian,

 8-7     or relative is responsible for notifying the victim services

 8-8     division of the Texas Department of Criminal Justice [Board of

 8-9     Pardons and  Paroles] of any change of address.

8-10           (h)  Not later than December 1 of each odd-numbered year, the

8-11     Texas Crime Victim Clearinghouse, with the participation of the

8-12     community justice assistance division, institutional division, and

8-13     pardons and paroles division of the Texas Department of Criminal

8-14     Justice [Texas Adult Probation Commission] and the Board of Pardons

8-15     and Paroles, shall update the victim impact statement form [and any

8-16     other information] provided [by the commission] to victims,

8-17     guardians of victims, and relatives of deceased victims, if

8-18     necessary, to reflect changes in law relating to criminal justice

8-19     and the rights of victims and guardians and relatives of victims.

8-20           SECTION 8.  Article 56.04(e), Code of Criminal Procedure, is

8-21     amended to read as follows:

8-22           (e)  The victim assistance coordinator shall send a copy of a

8-23     victim impact statement to the court sentencing the defendant.  If

8-24     the court sentences the defendant to imprisonment in the Texas

8-25     Department of Criminal Justice [Corrections], it shall attach the

8-26     copy of the victim impact statement to the commitment papers.

8-27           SECTION 9.  Subsections (a) and (c), Article 56.05, Code of

 9-1     Criminal Procedure, are amended to read as follows:

 9-2           (a)  The Crime Victims' Institute [Board of Pardons and

 9-3     Paroles, the Texas Adult Probation Commission, and the Texas Crime

 9-4     Victim Clearinghouse, designated as the planning body for the

 9-5     purposes of this article,] shall develop a survey plan to maintain

 9-6     statistics on the numbers and types of persons to whom state and

 9-7     local agencies provide victim impact statements during each year.

 9-8           (c)  The Texas Crime Victim Clearinghouse shall assist the

 9-9     Commission on Law Enforcement Officer Standards and Education to

9-10     develop crime  victim assistance standards and distribute those

9-11     standards to law enforcement officers to aid those officers in

9-12     performing the duties imposed by this chapter.  The Texas Crime

9-13     Victim Clearinghouse shall develop and distribute, in cooperation

9-14     with the Texas District and County Attorneys Association, crime

9-15     victim assistance standards to aid [and] attorneys representing the

9-16     state [to aid those officers and prosecutors] in  performing duties

9-17     imposed by this chapter.

9-18           SECTION 10.  Article 56.08(c), Code of Criminal Procedure, is

9-19     amended to read as follows:

9-20           (c)  A victim who receives a notice under Subsection (a) of

9-21     this article and who chooses to receive other notice under law

9-22     about the same case must keep the following persons informed of the

9-23     victim's current address and phone number:

9-24                 (1)  the attorney representing the state;  and

9-25                 (2)  the victim services [pardons and paroles] division

9-26     of the Texas Department of Criminal Justice if after sentencing the

9-27     defendant is confined in the institutional division.

 10-1          SECTION 11.  Article 56.11, Code of Criminal Procedure, as

 10-2    amended by S.B. No. 97, Acts of the 75th Legislature, Regular

 10-3    Session, 1997, is amended to read as follows:

 10-4          Art. 56.11. NOTIFICATION TO STALKING VICTIM.  (a)  The victim

 10-5    services [institutional] division of the Texas Department of

 10-6    Criminal Justice shall notify the victim of the offense and local

 10-7    law enforcement officials in the county where the victim resides

 10-8    whenever a person convicted of a felony offense under Subsection

 10-9    (a) as enhanced by Subsection (b) of  Section 42.072, Penal Code:

10-10                (1)  completes the person's sentence and is released;

10-11    or

10-12                (2)  escapes from a facility operated by the

10-13    institutional division.

10-14          (b)  It is the responsibility of the victim desiring

10-15    notification of the offender's release to notify the victim

10-16    services [institutional] division of the Texas Department of

10-17    Criminal  Justice of any change of address of the victim.

10-18          (c)  The victim services [institutional] division of the

10-19    Texas Department of Criminal Justice shall give the notice required

10-20    by Subsection (a) of this article:

10-21                (1)  not later than the 30th day before the person

10-22    completes the sentence and is released;  or

10-23                (2)  immediately if the person escapes from the

10-24    facility operated by the institutional division.

10-25          SECTION 12.  Article 56.12, Code of Criminal Procedure, is

10-26    amended to read as follows:

10-27          Art. 56.12.  NOTIFICATION OF ESCAPE.  (a)  The victim

 11-1    services division of the Texas Department of Criminal Justice shall

 11-2    immediately make a  reasonable attempt to notify the victim of an

 11-3    offense, the victim's guardian, or the victim's close relative, if

 11-4    the victim is deceased, whenever the offender escapes from a

 11-5    facility operated by the institutional division of the Texas

 11-6    Department of Criminal Justice, if the victim, victim's guardian,

 11-7    or victim's close relative has notified the victim services

 11-8    [institutional] division as provided by Subsection (b) of this

 11-9    article.  An attempt by the victim services division of the Texas

11-10    Department of Criminal Justice to give notice to the victim, the

11-11    guardian of the victim, or a close relative of a deceased victim at

11-12    the victim's, the guardian of the victim's, or a close relative of

11-13    a deceased victim's last known telephone number or address as shown

11-14    on the records of the division [department] constitutes a

11-15    reasonable attempt to give notice under this subsection.

11-16          (b)  It is the responsibility of the victim, guardian, or

11-17    close relative desiring notification of an offender's escape to

11-18    notify the victim services division of the Texas Department of

11-19    Criminal Justice of the desire for notification and any change of

11-20    address.

11-21          SECTION 13.  This Act takes effect September 1, 1997.

11-22          SECTION 14.  The importance of this legislation and the

11-23    crowded condition of the calendars in both houses create an

11-24    emergency and an imperative public necessity that the

11-25    constitutional rule requiring bills to be read on three several

11-26    days in each house be suspended, and this rule is hereby suspended.