HBA-RBT C.S.H.B. 3765 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3765
By: Gallego
Criminal Jurisprudence
4/26/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, attorneys for the state and courts are both required to assure
that victims of crime are provided all of the rights afforded them by the
constitution and the statutes.  However, courts are not required to inquire
of attorneys for the state whether victims have, in fact, been accorded all
of the rights afforded them by law. 

C.S.H.B.  3765 requires courts to inquire of attorneys for the state
whether the victim of crime, the guardian of the victim, or the close
relative of a deceased victim have been accorded all rights afforded that
person by law. 

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 26.13, Code of Criminal Procedure, by adding
Subsection (h), to require the attorney representing the state to consider
any victim impact statement regarding the offenses that has been returned
to the attorney before entering into any plea bargain agreement. 

SECTION 2.  Amends Article 56.02, Code of Criminal Procedure, by adding
Subsection (e), to require the court, before pronouncing sentence in a
case, to require ask the attorney for the state to whether the victim, the
guardian of a victim, or the close relative of a deceased victim has been
afforded all rights prescribed by this article. 

SECTION 3.  Amends Article 56.08, Code of Criminal Procedure, by adding
Subsections (e) and (f), to provide statements which must be included in
the brief general statement describing the plea bargaining stage given to a
victim.   Makes a conforming change. 

SECTION 4.  Amends Section 57.002, Family Code, by adding Subsection (b),
to require the court, before making a disposition in a case, to require the
attorney for the state to state whether the victim, the guardian of a
victim, or the close relative of a deceased victim has been afforded all
rights prescribed by this section. 

SECTION 5.  Makes application of of this Act prospective.

SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original by adding a new SECTION 1, adding
Article 26.13(h), Code of Criminal Procedure, which requires the attorney
representing the state to consider a victim impact statement before
entering into a plea bargain. 

 The substitute redesignates SECTIONS 1-3 of the original as SECTIONS 2-4
of the substitute.   

Replaces SECTIONS 4 and 5 of the original bill (which made SECTIONS 1-3 of
the Act prospective), with SECTION 5 of the substitute (which makes
application of Title 3, Family Code, prospective). 

The substitute differs from the original by making nonsubstantive changes
and by conforming with Legislative Council format.