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.