Amend CSHB 3765 as follows: (1) In the heading to SECTION 2 of the bill (House Committee Report, page 1, line 12), between "amended" and "by adding", insert "amending Subsections (a) and (b) and". (2) At the end of the heading to SECTION 2 of the bill (House Committee Report, page 1, between lines 12 and 13), insert the following: (a) A victim, guardian of a victim, or close relative of a deceased victim is entitled to the following rights within the criminal justice system: (1) the right to receive from law enforcement agencies adequate protection from harm and threats of harm arising from cooperation with prosecution efforts; (2) the right to have the magistrate take the safety of the victim or his family into consideration as an element in fixing the amount of bail for the accused; (3) the right, if requested, to be informed by the attorney representing the state of relevant court proceedings, including appellate proceedings, and to be informed if those court proceedings have been canceled or rescheduled prior to the event; (4) the right to be informed, when requested, by a peace officer concerning the defendant's right to bail and the procedures in criminal investigations and by the district attorney's office concerning the general procedures in the criminal justice system, including general procedures in guilty plea negotiations and arrangements, restitution, and the appeals and parole process; (5) the right to provide pertinent information to a probation department conducting a presentencing investigation concerning the impact of the offense on the victim and his family by testimony, written statement, or any other manner prior to any sentencing of the offender; (6) the right to receive information regarding compensation to victims of crime as provided by Subchapter B, Chapter 56 , including information related to the costs that may be compensated under that subchapter Act and the amount of compensation, eligibility for compensation, and procedures for application for compensation under that subchapter Act , the payment for a medical examination under Article 56.06 of this code for a victim of a sexual assault, and when requested, to referral to available social service agencies that may offer additional assistance; (7) the right to be informed, upon request, of parole procedures, to participate in the parole process, to be notified, if requested, of parole proceedings concerning a defendant in the victim's case, to provide to the Board of Pardons and Paroles for inclusion in the defendant's file information to be considered by the board prior to the parole of any defendant convicted of any crime subject to this Act, and to be notified, if requested, of the defendant's release; (8) the right to be provided with a waiting area, separate or secure from other witnesses, including the offender and relatives of the offender, before testifying in any proceeding concerning the offender; if a separate waiting area is not available, other safeguards should be taken to minimize the victim's contact with the offender and the offender's relatives and witnesses, before and during court proceedings; (9) the right to prompt return of any property of the victim that is held by a law enforcement agency or the attorney for the state as evidence when the property is no longer required for that purpose; (10) the right to have the attorney for the state notify the employer of the victim, if requested, of the necessity of the victim's cooperation and testimony in a proceeding that may necessitate the absence of the victim from work for good cause; and (11) the right to counseling, on request, regarding acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) infection and testing for acquired immune deficiency syndrome (AIDS), human immunodeficiency virus (HIV) infection, antibodies to HIV, or infection with any other probable causative agent of AIDS, if the offense is an offense under Section 21.11(a)(1), 22.011, or 22.021, Penal Code; (12) the right to request victim-offender mediation coordinated by the victim services division of the Texas Department of Criminal Justice; and (13) the right to be informed of the uses of a victim impact statement and the statement's purpose in the criminal justice system, to complete the victim impact statement, and to have the victim impact statement considered: (A) by the attorney representing the state and the judge before sentencing or before a plea bargain agreement is accepted; and (B) by the Board of Pardons and Paroles before an inmate is released on parole. (b) A victim, guardian of a victim, or close relative of a deceased victim is entitled to the right to be present at all public court proceedings related to the offense, subject to the approval of the judge in the case. (3) In SECTION 4 of the bill, in proposed Section 57.002(a)(6), Family Code (House Committee Printing, page 3, lines 20 and 22), strike each reference to "Act" and substitute "subchapter Act". (4) In SECTION 4 of the bill, in proposed Section 57.002(a)(7), Family Code (House Committee Printing, page 4, line 5), strike "of release or transfer" and substitute "of the person's release, escape, or transfer". (5) In SECTION 4 of the bill, at the end of proposed Section 57.002(b), Family Code (House Committee Printing, page 5, between lines 11 and 12), insert the following: (c) In notifying a victim of the release or escape of a person, the Texas Youth Commission shall use the same procedure established for the notification of the release or escape of an adult offender under Article 56.11, Code of Criminal Procedure. (6) Add appropriately numbered SECTIONS to the bill to read as follows and renumber the existing SECTIONS of the bill accordingly: SECTION ___. Article 42.037, Code of Criminal Procedure, is amended by adding Subsection (n) to read as follows: (n) The pardons and paroles division may waive a supervision fee or an administrative fee imposed on an inmate under Section 508.182, Government Code, during any period in which the inmate is required to pay restitution under this article. SECTION ___. Article 56.03(e), Code of Criminal Procedure, is amended to read as follows: (e) Prior to the imposition of a sentence by the court in a criminal case, the court, if it has received a victim impact statement, shall consider the information provided in the statement. Before sentencing the defendant, the court shall permit the defendant or his counsel a reasonable time to read the statement, excluding the victim's name, address, and telephone number, comment on the statement, and, with the approval of the court, introduce testimony or other information alleging a factual inaccuracy in the statement. If the court sentences the defendant to a term of community supervision probation , the court shall forward any victim's impact statement received in the case to the community supervision and corrections probation department supervising the defendant, along with the papers in the case. SECTION ___. Article 56.12, Code of Criminal Procedure, is amended to read as follows: Art. 56.12. NOTIFICATION OF ESCAPE OR TRANSFER. (a) The Texas Department of Criminal Justice shall immediately make a reasonable attempt to notify the victim of an offense, the victim's guardian, or the victim's close relative, if the victim is deceased, whenever the offender escapes from a facility operated by the institutional division of the Texas Department of Criminal Justice , if the victim, victim's guardian, or victim's close relative has notified the institutional division as provided by Subsection (b) of this article, whenever the offender: (1) escapes from a facility operated by the institutional division; or (2) is transferred from the custody of the institutional division to the custody of a peace officer under a writ of attachment or a bench warrant. An attempt by the Texas Department of Criminal Justice to give notice to the victim, the guardian of the victim, or a close relative of a deceased victim at the victim's, the guardian of the victim's, or a close relative of a deceased victim's last known telephone number or address as shown on the records of the department constitutes a reasonable attempt to give notice under this subsection. (b) It is the responsibility of the victim, guardian, or close relative desiring notification of an offender's escape or transfer from custody under a writ of attachment or bench warrant to notify the Texas Department of Criminal Justice of the desire for notification and any change of address. (c) In providing notice under Subsection (a)(2), the institutional division shall include the name, address, and telephone number of the peace officer receiving the inmate into custody. On returning the inmate to the custody of the institutional division, the victim services division of the Texas Department of Criminal Justice shall notify the victim, the victim's guardian, or the victim's close relative if the victim is deceased, of that fact. SECTION ___. Subchapter A, Chapter 56, Code of Criminal Procedure, is amended by adding Articles 56.13 and 56.14 to read as follows: Art. 56.13. VICTIM-OFFENDER MEDIATION. The victim services division of the Texas Department of Criminal Justice shall: (1) train volunteers to act as mediators between victims, guardians of victims, and close relatives of deceased victims and offenders whose criminal conduct caused bodily injury or death to victims; and (2) provide mediation services through referral of a trained volunteer, if requested by a victim, guardian of a victim, or close relative of a deceased victim. Art. 56.14. CLEARINGHOUSE ANNUAL CONFERENCE. (a) The Texas Crime Victim Clearinghouse may conduct an annual conference to provide to participants in the criminal justice system training containing information on crime victims' rights. (b) The clearinghouse may charge fees to persons attending the conference described by Subsection (a). SECTION ___. Section 76.016, Government Code, is amended to read as follows: Sec. 76.016. VICTIM NOTIFICATION. (a) A department, using the name and address provided by the attorney representing the state under Article 56.08(d), Code of Criminal Procedure, shall immediately make a reasonable effort to notify a victim of the defendant's crime or, if the victim has a guardian or is deceased, to notify the guardian of the victim or close relative of the deceased victim of: (1) the fact that the defendant has been placed on community supervision; (2) the conditions of community supervision imposed on the defendant by the court; and (3) the date, time, and location of any hearing or proceeding at which the conditions of the defendant's community supervision may be modified or the defendant's placement on community supervision may be revoked or terminated. (b) An attempt by the department to give notice to the victim, the guardian of the victim, or a close relative of a deceased victim at the victim's, the guardian of the victim's, or a close relative of a deceased victim's last known telephone number or address as shown on the records of the department constitutes a reasonable attempt to give notice under this section. (c) In this section, "close relative of a deceased victim," "guardian of a victim," and "victim" have the meanings assigned by Article 56.01, Code of Criminal Procedure. SECTION ___. Section 415.032(b), Government Code, is amended to read as follows: (b) In establishing requirements under this section, the commission shall require courses and programs to provide training in: (1) the investigation and documentation of cases that involve the following: (A) child abuse; (B) child neglect; (C) family violence; and (D) sexual assault; and (2) issues concerning sex offender characteristics; and (3) crime victims' rights under Chapter 56, Code of Criminal Procedure, and Chapter 57, Family Code, and the duty of law enforcement agencies to ensure that a victim is afforded those rights. SECTION ___. Section 493.001, Government Code, is amended to read as follows: Sec. 493.001. DEPARTMENT MISSION. The mission of the department is to provide public safety, assist victims of crime, promote positive change in offender behavior, and reintegrate offenders into society. SECTION ___. Subchapter B, Chapter 508, Government Code, is amended by adding Section 508.0481 to read as follows: Sec. 508.0481. VICTIM'S RIGHT TO REPRESENTATION. (a) If a victim, close relative of a deceased victim, or guardian of a victim is required by a subpoena issued under Section 508.048 to appear at a hearing, the victim, relative, or guardian is entitled to representation by counsel at the hearing. (b) This section does not require the state to provide representation by counsel to a victim, close relative of a deceased victim, or guardian of a victim. (c) In this section, "victim," "close relative of a deceased victim," and "guardian of a victim" have the meanings assigned by Section 508.117. SECTION ___. Section 2008.053(a), Government Code, as added by Chapter 934, Acts of the 75th Legislature, Regular Session, 1997, is amended to read as follows: (a) A state agency may appoint a governmental officer or employee or a private individual to serve as an impartial third party in an alternative dispute resolution procedure. The agency's appointment of the impartial third party is subject to the approval of the parties, except that: (1) when a State Office of Administrative Hearings administrative law judge has issued an order referring a case to an alternative dispute resolution procedure under Section 2003.042(5), the administrative law judge may appoint the impartial third party for the parties if they cannot agree on an impartial third party within a reasonable period; and (2) if the procedure is a victim-offender mediation described by Article 56.13, Code of Criminal Procedure, approval of the parties is not required. SECTION ___. (a) Section 154.023(a), Civil Practice and Remedies Code, is amended to read as follows: (a) Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them. Mediation includes victim-offender mediation described by Article 56.13, Code of Criminal Procedure. (b) The amendment by this section to Section 154.023(a), Civil Practice and Remedies Code, granting victim-offender mediation provided by the Texas Department of Criminal Justice the same status as other forms of mediation authorized by Chapter 154, applies to a victim-offender mediation procedure provided by the department before, on, or after the