HBA-KMH C.S.H.B. 1107 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1107 By: Allen Criminal Jurisprudence 4/26/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, victims and close relatives of a deceased victim of crime are not notified of all court proceedings arising from the trial of the defendant of the crime, are routinely removed from the courtroom, and are not afforded an opportunity to have legal counsel if they are called to appear before the Board of Pardons and Paroles. The Texas Crime Victim Clearinghouse does not have statutory authority to submit training information to persons involved in the criminal justice system -- judges, prosecuting attorneys, law enforcement personnel, and employees of the prison system -to ensure that they are properly trained in matters involving crime victims' issues. In addition, there is no statutory authority for the use and implementation of Victim-Offender Mediation. C.S.H.B. 1107 includes additional notification requirements, allows a victim to be present at trial, allows a victim to have legal counsel if appearing before the Board of Pardons and Paroles, and ensures that training and education material in crime victim's issues is available for persons involved in 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 42.037, Code of Criminal Procedure, by adding Subsection (n), as follows: (n) Authorizes the pardons and paroles division of the Texas Department of Criminal Justice to waive a supervision fee or an administrative fee imposed on an inmate under Section 508.182 (Parole Supervision Fee), Government Code, during any period in which the inmate is required to pay restitution. SECTION 2. Amends Article 56.02(a) and (b), Code of Criminal Procedure, as follows: (a)(3) Sets forth a victim's right to notice of relevant court proceedings specifying that notice must come from the attorney representing the state and include appellate proceedings, as well as notice from the appellate court of decisions of the court after they are entered but before they are made public. Makes a conforming change. (a)(6) Makes conforming and nonsubstantive changes. (a)(10) Makes a conforming change. (a)(12) Adds a right to request victim-offender mediation coordinated by the victim services section of the Texas Department of Criminal Justice. (a)(13) Adds a right to be informed of the uses and purpose of a victim impact statement in the criminal justice system, to complete the victim impact statement, and to have a victim impact statement considered by the attorney representing the state and the judge before sentencing or before a plea bargain agreement is accepted and by the Board of Pardons and Paroles before an inmate is released on parole. (b) Extends the rights under this subsection to the guardian of a victim, or close relative of a deceased victim. SECTION 3. Amends Article 56.03(e), Code of Criminal Procedure, to exclude the victim's name, address, and telephone number from being read into the record of a sentencing hearing as part of the victim impact statement. Makes nonsubstantive changes. SECTION 4. Amends Article 56.08, Code of Criminal Procedure, by adding Subsection (e), as follows: (e) Requires the brief statement describing the plea bargaining stage required under this section to include a statement that the victim impact statement will be considered by the attorney representing the state in entering into the plea bargain agreement, and that the judge before accepting the plea bargain is required to ask whether a victim impact statement has been returned to the attorney and for a copy of the returned statement. SECTION 5. Article 56.12, Code of Criminal Procedure, as follows: Art. 56.12. New Title: NOTIFICATION OF ESCAPE OR TRANSFER. Requires the Texas Department of Criminal Justice to actually notify the victim of an offense immediately, if the victim has requested notification under Subsection (b), whenever the offender escapes from a facility operated by the institutional division, or 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. Requires the notice provided upon transfer under a writ of attachment or bench warrant to include the name, address, and telephone number of the peace officer receiving the inmate into custody. Requires the victim services division of the Texas Department of Criminal Justice to notify the victim of the inmate being returned to custody. SECTION 6. Amends Subchapter A, Chapter 56, Code of Criminal Procedure, by adding Articles 56.13 and 56.14, as follows: Art. 56.13. VICTIM-OFFENDER MEDIATION. Requires the victim services division of the Texas Department of Criminal Justice to train volunteers to act as mediators between victims and offenders, and provide mediation services through referral of a trained volunteer, if requested by a victim. Art. 56.14. CLEARINGHOUSE ANNUAL CONFERENCE. Authorizes the Texas Crime Victim Clearinghouse (clearinghouse) to conduct an annual conference to provide participants in the criminal justice system training containing information on crime victims' rights. Authorizes the clearinghouse to charge fees for this training. SECTION 7. Amends Section 57.002, Family Code, to create Subsection (a) from existing text. Adds to the rights of a crime victim under the juvenile justice system the right to be notified of the offender's escape, if a request for notification was made by the victim. Requires that the notification by the Texas Youth Commission under this section use the same procedures as established for similar circumstances under Article 56.11 (Notification to Victim of Release or Escape of Defendant), Code of Criminal Procedure. SECTION 8. Amends Section 76.016, Government Code, to require the attorney for the state to immediately provide actual notification to the victim regarding community supervision of a defendant under this section. Makes conforming and nonsubstantive changes. SECTION 9. Amends Section 415.032(b), Government Code, by adding Subdivision (3), which includes crime victim's 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 on the list of courses the Commission on Law Enforcement Officer Standards and Education (commission) are required to provide. SECTION 10. Amends Section 493.001, Government Code, to add assisting victims of crime as an objective of the Department of Criminal Justice's (department) mission. SECTION 11. Amends Subchapter B, Chapter 508, Government Code, by adding Section 508.0481, as follows: Sec. 508.0481. VICTIM'S RIGHT TO REPRESENTATION. Entitles a victim to representation by counsel at a hearing for which a victim's presence is required by a subpoena issued under Section 508.048. Sets forth that this section does not grant a victim a right to representation by counsel provided by the state. Provides that "victim" has the meaning assigned by Section 508.117 (Victim Notification), Government Code. SECTION 12. Amends Section 2008.053(a), Government Code, as added by Chapter 934, Acts of the 75th Legislature, Regular Session, 1997, to provide that approval of the parties of the appointment of an impartial third party in an alternative dispute resolution procedure is not required if the appointment was made by an administrative law judge pursuant to an order referring the case to alternative dispute resolution under Section 2003.042(5) (Powers of Administrative Law Judge) and the procedure is a victim-offender mediation described by Article 56.13, Code of Criminal Procedure. SECTION 13. Amends Section 154.023(a), Civil Practice and Remedies Code, to provide that mediation includes victim-offender mediation described by Article 56.13, Code of Criminal Procedure. Makes application of the amendment to Section 154.023(a), as added by this Act, prospective. SECTION 14. Effective date: September 1, 1999. SECTION 15. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1107 modifies the original by deleting the text of: _SECTION 1 (proposing Article 36.03, Code of Criminal Procedure, to authorize a court to exclude a witness who for the purposes of the prosecution is a victim, close relative of a deceased victim, or guardian of a victim, under prescribed conditions); _SECTION 3 (amending Article 42.12, Code of Criminal Procedure, to require a judge to encourage a defendant to participate in victim-offender mediation); _SECTION 6 (amending Article 56.05, Code of Criminal Procedure, to require the Texas Crime Victim Clearinghouse to make periodic recommendations for training in crime victims' issues of certain public employees who work with offenders); _SECTION 13 (amending Section 415.034, Government Code, to require the Commission on Law Enforcement Officer Standards and Education through state or local agencies to require each peace officer to complete a continuing education program on victims' rights); _SECTION 15 (amending Chapter 493, Government Code, to require the Department of Criminal Justice to provide an annual four-hour training program in crime victims' issues), and proposing rulemaking authority be granted to the Texas Department of Criminal Justice; _SECTION 16 (amending Subchapter A, Chapter 501, Government Code, to require the institutional division of the Texas Department of Criminal Justice to encourage an inmate to participate in the victim-offender mediation program if a request is made by the victim); _SECTION 18 (amending Subchapter J, Chapter 508, Government Code, to require a judge to encourage the defendant to participate in mediation with the victim when the judge has placed a defendant on community supervision and receives proper notice that the victim desires mediation); and _SECTIONS 19 and 20 (requiring the Commission on Law Enforcement Officer Standards and Education and the Texas Board of Criminal Justice to establish the courses and programs required by this Act by certain prescribed dates). C.S.H.B. 1107 modifies the original by redesignating SECTIONS 2, 4, 5, 7-12, 14, 17, 21, and 22 of the original, as SECTIONS 1-11, 14 and 15, respectively. C.S.H.B. 1107 modifies the original in SECTION 5 (proposed Article 56.12, Code of Criminal Procedure) by requiring the victim services division of the Texas Department of Criminal Justice, rather than a peace officer, to notify the victim of the inmate being returned to custody. C.S.H.B. 1107 modifies the original in SECTION 6 (proposed Article 56.13, Code of Criminal Procedure) by clarifying that the provisions of this section apply to the victim services division, rather than section, of the Texas Department of Criminal Justice. The substitute also renames proposed Article 56.14, to "Clearinghouse Annual Conference" from "Clearinghouse Training Program." Furthermore, the substitute deletes the provision requiring the clearinghouse to deposit money collected under this section into a special account and authorizing the legislature to appropriate money from the fund only for administration of the clearinghouse. C.S.H.B. 1107 modifies the original by creating a new SECTION 12 to amend Section 2008.053(a), as added by Chapter 934, Acts of the 75th Legislature, Regular Session, 1997, to provide circumstances in which approval of the parties of the appointment of an impartial third party in a alternative dispute resolution procedure is not required. C.S.H.B. 1107 modifies the original by creating a new SECTION 13 to amend Section 154.023(a), Civil Practice and Remedies Code, to provide that mediation includes victim-offender mediation described by Article 56.13, Code of Criminal Procedure.