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 * * * * *