HBA-NMO H.B. 289 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 289
By: Wise
Criminal Jurisprudence
2/10/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas has a general crime victims "bill of rights," but has not
enacted such a measure specific to child crime victims.  Several states
have adopted a specific listing of the rights of child victims, so that
children will be assured certain assistance during the course of a criminal
proceeding. H.B. 289 entitles a victim who is younger than 16 years of age
to certain rights within the criminal justice system.    

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 56.02, Code of Criminal Procedure, by adding
Subsection (e), as follows:   

(e) Entitles a victim who is younger than 16 years of age, in addition to
any other right provided under this article (Rights of Crime Victims), to
the following rights within the criminal justice system: 

(1) the right to the appointment of a guardian ad litem (Black's Law
Dictionary, Abridged Sixth Edition:  a special guardian that exists only in
that specific  litigation in which the appointment occurs) or special
advocate;  

(2) the right, subject to Article 38.073, Code of Criminal Procedure to
have the victim's parent, guardian, or other relative present during the
proceedings in which the victim will testify; 

(3) the right to an explanation of the proceedings;

(4) the right to be asked questions in  language that the victim
understands; 

(5) the right to have the court notified by the victim's attorney,
court-appointed guardian ad litem, or special advocate, if the victim is
unable to understand the proceedings, including questions presented to the
victim, or if the proceedings are traumatizing the victim; and 

(6) the right to have the prosecutor notified by the victim's attorney or
court-appointed guardian ad-litem or special advocate if the victim is
unable to participate in the proceedings. 

SECTION 2.  Amends Chapter 38, Code of Criminal Procedure, by adding
Article 38.073, as follows:   

Art.  38.073.  ORDER OF CERTAIN TESTIMONY.  Requires the court, if a child
who is younger than 16 years of age exercises the right to have a parent,
guardian, or other relative  present during a judicial proceeding as
provided by Article 56.02(e)(2), and the parent, guardian, or relative is
expected to testify in the same proceeding, to require the parent,
guardian, or relative to testify before the child testifies, and to exclude
the child from the courtroom while the parent, guardian, or relative
testifies. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.