1-1     By:  Whitmire                                         S.B. No. 1611

 1-2           (In the Senate - Filed March 14, 1997; March 24, 1997, read

 1-3     first time and referred to Committee on Criminal Justice;

 1-4     April 22, 1997, reported favorably, as amended, by the following

 1-5     vote:  Yeas 6, Nays 0; April 22, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                             By:  Whitmire

 1-7     Amend S.B. No. 1611 by adding the following at the end of

 1-8     Subsection (c) of SECTION 9 of the bill, page 4, line 57:

 1-9           "In developing crime victim assistance standards, the Texas

1-10     Crime Victim Clearinghouse shall utilize and incorporate the

1-11     research and findings of the Crime Victims' Institute on the needs

1-12     of victims and the effectiveness of service delivery to them."

1-13     COMMITTEE AMENDMENT NO. 2                             By:  Whitmire

1-14     Amend S.B. No. 1611 as follows:

1-15           Strike Subsection (a) of SECTION 9 of the bill, page 4, lines

1-16     42-47, and substitute the following:

1-17           "(a)  The [Board of Pardons and Paroles, the Texas Adult

1-18     Probation Commission, and the] Texas Crime Victim Clearinghouse may

1-19     consult, contract and coordinate with the Texas Crime Victims'

1-20     Institute to conduct research to survey the use and evaluate the

1-21     effectiveness of[, designated as the planning body for the purposes

1-22     of this article, shall develop a survey plan to maintain statistics

1-23     on the numbers and types of persons to whom state and local

1-24     agencies provide] victim impact statements [during each year]."

1-25                            A BILL TO BE ENTITLED

1-26                                   AN ACT

1-27     relating to the creation of the victim services division of the

1-28     Texas Department of Criminal Justice and the assignment of certain

1-29     powers and duties to that division.

1-30           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-31           SECTION 1.  Subsection (a), Section 493.002, Government Code,

1-32     is amended to read as follows:

1-33           (a)  The following divisions are within the department:

1-34                 (1)  the community justice assistance division;

1-35                 (2)  the institutional division;

1-36                 (3)  the pardons and paroles division;  [and]

1-37                 (4)  the state jail division; and

1-38                 (5)  the victim services division.

1-39           SECTION 2.  Chapter 493, Government Code, is amended by

1-40     adding Section 493.0055 to read as follows:

1-41           Sec. 493.0055.  VICTIM SERVICES DIVISION.  (a)  The victim

1-42     services division shall maintain information relevant to victims of

1-43     crime, provide notice to victims of crime as required by law, and

1-44     provide training and information on crime victims' issues to

1-45     department employees and criminal justice personnel.  The division

1-46     may provide services to victims of crime and may provide

1-47     victim-related services to offenders under the jurisdiction of the

1-48     department, including victim-offender mediation and the opportunity

1-49     for dialogue between victims and offenders.

1-50           (b)  The Texas Crime Victim Clearinghouse is located in the

1-51     victim services division.

1-52           (c)  The board may apply for and accept gifts or grants from

1-53     any public or private source for the purpose of providing services

1-54     described by this section.

1-55           SECTION 3.  Section 2, Article 42.18, Code of Criminal

1-56     Procedure, is amended by adding Subdivision (10) to read as

1-57     follows:

1-58                 (10)  "Victim services division" means the victim

1-59     services division of the Texas Department of Criminal Justice.

1-60           SECTION 4.  Subdivisions (2) and (3), Subsection (f), Section

1-61     8, Article 42.18, Code of Criminal Procedure, are amended to read

1-62     as follows:

1-63                 (2)  Before a parole panel considers for parole a

1-64     prisoner who is serving a sentence for an offense in which a person

 2-1     was a victim, the victim services [pardons and paroles] division,

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

 2-3     shall make a reasonable effort to notify a victim of the prisoner's

 2-4     crime or if the victim has a legal guardian or is deceased, to

 2-5     notify the legal guardian or close relative of the deceased victim.

 2-6     If the notice is sent to a guardian or close relative of a deceased

 2-7     victim, the notice must contain a request by the victim services

 2-8     [pardons and paroles] division that the guardian or relative inform

 2-9     other persons having an interest in the matter that the prisoner is

2-10     being considered for parole.  The parole panel shall allow a

2-11     victim, guardian of a victim, close relative of a deceased victim,

2-12     or a representative of a victim or his guardian or close relative

2-13     to provide a written statement.  The parole panel also shall allow

2-14     one person to appear in person before the board members to present

2-15     a statement of the person's views about the offense, the defendant,

2-16     and the effect of the offense on the victim.  The person may be the

2-17     victim of the prisoner's crime or, if the victim has a legal

2-18     guardian or is deceased, the legal guardian of the victim or close

2-19     relative of the deceased victim.  If more than one person is

2-20     otherwise entitled under this subdivision to appear in person

2-21     before the board, only the person chosen by all persons entitled to

2-22     appear as their sole representative may appear before the board.

2-23     This subsection may not be construed to limit the number of persons

2-24     who may provide written statements for or against the release of

2-25     the prisoner on parole.  The parole panel shall consider the

2-26     statements and the information provided in a victim impact

2-27     statement in determining whether or not to recommend parole.

2-28     However, the failure of the victim services [pardons and paroles]

2-29     division to comply with notice requirements of this subsection is

2-30     not a ground for revocation of parole.

2-31                 (3)  If a victim, guardian of a victim, or close

2-32     relative of a deceased victim would be entitled to notification of

2-33     parole consideration by the victim services [pardons and paroles]

2-34     division but for failure by that person to provide a victim impact

2-35     statement containing the person's name and address, the person is

2-36     nonetheless entitled to receive notice if the person communicates

2-37     to [files with] the victim services [pardons and paroles] division

2-38     a [written] request for that notification.  After receiving such a

2-39     [written] request, the victim services [pardons and paroles]

2-40     division shall grant to the person all the privileges to which the

2-41     person would be entitled had the person submitted a victim impact

2-42     statement.  Before a prisoner is released from the institutional

2-43     division on parole or on the release of a prisoner on mandatory

2-44     supervision, the victim services [pardons and paroles] division

2-45     shall give notice of the release to any person entitled to

2-46     notification of parole consideration for the prisoner because the

2-47     person filed with the [pardons and paroles] division a victim

2-48     impact statement or a request for notification of a parole

2-49     consideration.

2-50           SECTION 5.  Subsection (a), Section 18, Article 42.18, Code

2-51     of Criminal Procedure, is amended to read as follows:

2-52           (a)  Except as provided by Subsection (b), all information,

2-53     including victim protest letters or other correspondence, victim

2-54     impact statements, lists of inmates eligible for release on parole,

2-55     and arrest records of inmates, obtained and maintained by the

2-56     department in connection with inmates of the institutional division

2-57     and related to their eligibility for or release on [subject to]

2-58     parole, [release to] mandatory supervision, or executive clemency,

2-59     or individuals who may be on mandatory supervision or parole and

2-60     under the supervision of the pardons and paroles division, or

2-61     persons directly identified in any proposed plan of release for a

2-62     prisoner, is confidential and privileged.

2-63           SECTION 6.  Subsection (a), Article 56.02, Code of Criminal

2-64     Procedure, is amended to read as follows:

2-65           (a)  A victim, guardian of a victim, or close relative of a

2-66     deceased victim is entitled to the following rights within the

2-67     criminal justice system:

2-68                 (1)  the right to receive from law enforcement agencies

2-69     adequate protection from harm and threats of harm arising from

 3-1     cooperation with prosecution efforts;

 3-2                 (2)  the right to have the magistrate take the safety

 3-3     of the victim or his family into consideration as an element in

 3-4     fixing the amount of bail for the accused;

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

 3-6     relevant court proceedings and to be informed if those court

 3-7     proceedings have been canceled or rescheduled prior to the event;

 3-8                 (4)  the right to be informed, when requested, by a

 3-9     peace officer concerning the defendant's right to bail and the

3-10     procedures in criminal investigations and by the district

3-11     attorney's office concerning the general procedures in the criminal

3-12     justice system, including general procedures in guilty plea

3-13     negotiations and arrangements, restitution, and the appeals and

3-14     parole process;

3-15                 (5)  the right to provide pertinent information to a

3-16     probation department conducting a presentencing investigation

3-17     concerning the impact of the offense on the victim and his family

3-18     by testimony, written statement, or any other manner prior to any

3-19     sentencing of the offender;

3-20                 (6)  the right to receive information regarding

3-21     compensation to victims of crime as provided by Subchapter B,

3-22     [Chapter 56,] including information related to the costs that may

3-23     be compensated under that subchapter [Act] and the amount of

3-24     compensation, eligibility for compensation, and procedures for

3-25     application for compensation under that subchapter [Act], the

3-26     payment for a medical examination under Article 56.06 [of this

3-27     code] for a victim of a sexual assault, and when requested, to

3-28     referral to available social service agencies that may offer

3-29     additional assistance;

3-30                 (7)  the right to be informed, upon request, of parole

3-31     procedures, to participate in the parole process, to be notified,

3-32     if requested, of parole proceedings concerning a defendant in the

3-33     victim's case, to provide information [to the Board of Pardons and

3-34     Paroles]   for inclusion in the defendant's file [information] to

3-35     be considered by the Board of Pardons and Paroles [board] prior to

3-36     the parole of any defendant convicted of any crime subject to this

3-37     Act, and to be notified, if requested, of the defendant's release;

3-38                 (8)  the right to be provided with a waiting area,

3-39     separate or secure from other witnesses, including the offender and

3-40     relatives of the offender, before testifying in any proceeding

3-41     concerning the offender;  if a separate waiting area is not

3-42     available, other safeguards should be taken to minimize the

3-43     victim's contact with the offender and the offender's relatives and

3-44     witnesses, before and during court proceedings;

3-45                 (9)  the right to prompt return of any property of the

3-46     victim that is held by a law enforcement agency or the attorney for

3-47     the state as evidence when the property is no longer required for

3-48     that purpose;

3-49                 (10)  the right to have the attorney for the state

3-50     notify the employer of the victim, if requested, of the necessity

3-51     of the victim's cooperation and testimony in a proceeding that may

3-52     necessitate the absence of the victim from work for good cause; and

3-53                 (11)  the right to counseling, on request, regarding

3-54     acquired immune deficiency syndrome (AIDS) and human

3-55     immunodeficiency virus (HIV) infection and testing for acquired

3-56     immune deficiency syndrome (AIDS), human immunodeficiency virus

3-57     (HIV) infection, antibodies to HIV, or infection with any other

3-58     probable causative agent of AIDS, if the offense is an offense

3-59     under  Section 21.11(a)(1),  22.011, or  22.021, Penal Code.

3-60           SECTION 7.  Subsections (a), (d), and (h), Article 56.03,

3-61     Code of Criminal Procedure, are amended to read as follows:

3-62           (a)  The Texas Crime Victim Clearinghouse, with the

3-63     participation of the community justice assistance division, the

3-64     institutional division, and the pardons and paroles division of the

3-65     Texas Department of Criminal Justice [Texas Adult Probation

3-66     Commission] and the Board of Pardons and Paroles, shall develop a

3-67     form to be used by law enforcement agencies, prosecutors, and other

3-68     participants in the criminal justice system to record the impact of

3-69     an offense on a victim of the offense, guardian of a victim, or a

 4-1     close relative of a deceased victim and to provide the agencies,

 4-2     prosecutors, and participants with information needed to contact

 4-3     the victim, guardian, or relative if needed at any stage of a

 4-4     prosecution of a person charged with the offense.  The Texas Crime

 4-5     Victim Clearinghouse, with the participation of the community

 4-6     justice assistance division, the institutional division, and the

 4-7     pardons and paroles division of the Texas Department of Criminal

 4-8     Justice [Texas Adult Probation Commission] and the Board of Pardons

 4-9     and Paroles,  shall also develop a victims' information booklet

4-10     that provides a general explanation of the criminal justice system

4-11     to victims of an offense, guardians of victims, and relatives of

4-12     deceased victims.

4-13           (d)  If a victim, guardian of a victim, or close relative of

4-14     a deceased victim states on the victim impact statement that he

4-15     wishes to be notified of parole proceedings, the victim, guardian,

4-16     or relative is responsible for notifying the victim services

4-17     division of the Texas Department of Criminal Justice [Board of

4-18     Pardons and Paroles] of any change of address.

4-19           (h)  Not later than December 1 of each odd-numbered year, the

4-20     Texas Crime Victim Clearinghouse, with the participation of the

4-21     community justice assistance division, the institutional division,

4-22     and the pardons and paroles division of the Texas Department of

4-23     Criminal Justice [Texas Adult Probation Commission] and the Board

4-24     of Pardons and Paroles, shall update the victim impact statement

4-25     form [and any other information] provided [by the commission] to

4-26     victims, guardians of victims, and relatives of deceased victims,

4-27     if necessary, to reflect changes in law relating to criminal

4-28     justice and the rights of victims and guardians and relatives of

4-29     victims.

4-30           SECTION 8.  Subsection (e), Article 56.04, Code of Criminal

4-31     Procedure, is amended to read as follows:

4-32           (e)  The victim assistance coordinator shall send a copy of a

4-33     victim impact statement to the court sentencing the defendant.  If

4-34     the court sentences the defendant to imprisonment in the Texas

4-35     Department of Criminal Justice [Corrections], it shall attach the

4-36     copy of the victim impact statement to the commitment papers.

4-37           SECTION 9.  Subsections (a) and (c), Article 56.05, Code of

4-38     Criminal Procedure, are amended to read as follows:

4-39           (a)  The Crime Victims' Institute [Board of Pardons and

4-40     Paroles, the Texas Adult Probation Commission, and the Texas Crime

4-41     Victim Clearinghouse, designated as the planning body for the

4-42     purposes of this article,] shall develop a survey plan to maintain

4-43     statistics on the numbers and types of persons to whom state and

4-44     local agencies provide victim impact statements during each year.

4-45           (c)  The Texas Crime Victim Clearinghouse shall assist the

4-46     Commission on Law Enforcement Officer Standards and Education to

4-47     develop crime victim assistance standards and distribute those

4-48     standards to law enforcement officers to aid those officers in

4-49     performing the duties imposed by this chapter.  The Texas Crime

4-50     Victim Clearinghouse shall develop and distribute, in cooperation

4-51     with the Texas District and County Attorneys Association, crime

4-52     victim assistance standards to aid [and] attorneys representing the

4-53     state [to aid those officers and prosecutors] in performing duties

4-54     imposed by this chapter.

4-55           SECTION 10.  Subsection (c), Article 56.08, Code of Criminal

4-56     Procedure, is amended to read as follows:

4-57           (c)  A victim who receives a notice under Subsection (a) of

4-58     this article and who chooses to receive other notice under law

4-59     about the same case must keep the following persons informed of the

4-60     victim's current address and phone number:

4-61                 (1)  the attorney representing the state; and

4-62                 (2)  the victim services [pardons and paroles] division

4-63     of the Texas Department of Criminal Justice if after sentencing the

4-64     defendant is confined in the institutional division.

4-65           SECTION 11.  Article 56.11, Code of Criminal Procedure, as

4-66     amended by S.B. No. 97, Acts of the 75th Legislature, Regular

4-67     Session, 1997, is amended to read as follows:

4-68           Art. 56.11.  NOTIFICATION TO STALKING VICTIM.  (a)  The

4-69     victim services [institutional] division of the Texas Department of

 5-1     Criminal Justice shall notify the victim of the offense and local

 5-2     law enforcement officials in the county where the victim resides

 5-3     whenever a person convicted of a felony offense under Subsection

 5-4     (a) as enhanced by Subsection (b) of Section 42.072, Penal Code:

 5-5                 (1)  completes the person's sentence and is released;

 5-6     or

 5-7                 (2)  escapes from a facility operated by the

 5-8     institutional division.

 5-9           (b)  It is the responsibility of the victim desiring

5-10     notification of the offender's release to notify the victim

5-11     services [institutional] division of the Texas Department of

5-12     Criminal Justice of any change of address of the victim.

5-13           (c)  The victim services [institutional] division of the

5-14     Texas Department of Criminal Justice shall give the notice required

5-15     by Subsection (a) of this article:

5-16                 (1)  not later than the 30th day before the person

5-17     completes the sentence and is released; or

5-18                 (2)  immediately if the person escapes from the

5-19     facility operated by the institutional division.

5-20           SECTION 12.  Article 56.12, Code of Criminal Procedure, is

5-21     amended to read as follows:

5-22           Art. 56.12.  NOTIFICATION OF ESCAPE.  (a)  The victim

5-23     services division of the Texas Department of Criminal Justice shall

5-24     immediately make a reasonable attempt to notify the victim of an

5-25     offense, the victim's guardian, or the victim's close relative, if

5-26     the victim is deceased, whenever the offender escapes from a

5-27     facility operated by the institutional division of the Texas

5-28     Department of Criminal Justice, if the victim, victim's guardian,

5-29     or victim's close relative has notified the victim services

5-30     [institutional] division as provided by Subsection (b) of this

5-31     article.  An attempt by the victim services division of the Texas

5-32     Department of Criminal Justice to give notice to the victim, the

5-33     guardian of the victim, or a close relative of a deceased victim at

5-34     the victim's, the guardian of the victim's, or a close relative of

5-35     a deceased victim's last known telephone number or address as shown

5-36     on the records of the division [department] constitutes a

5-37     reasonable attempt to give notice under this subsection.

5-38           (b)  It is the responsibility of the victim, guardian, or

5-39     close relative desiring notification of an offender's escape to

5-40     notify the victim services division of the Texas Department of

5-41     Criminal Justice of the desire for notification and any change of

5-42     address.

5-43           SECTION 13.  This Act takes effect September 1, 1997.

5-44           SECTION 14.  The importance of this legislation and the

5-45     crowded condition of the calendars in both houses create an

5-46     emergency and an imperative public necessity that the

5-47     constitutional rule requiring bills to be read on three several

5-48     days in each house be suspended, and this rule is hereby suspended.

5-49                                  * * * * *