HBA-RBT H.B. 3765 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3765 By: Gallego Criminal Jurisprudence 3/30/1999 Introduced 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. 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 56.02, Code of Criminal Procedure, by adding Subsection (e), to require the court, when a plea is taken and sentence is pronounced, to ask the attorney for the 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 article. SECTION 2. 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 3. Amends Section 57.002, Family code, by adding Subsection (b), to require the court, at an adjudication hearing and when a disposition is made, to ask the attorney for the 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 4. Makes application of SECTIONS 1 and 2 of this Act prospective. SECTION 5. Makes application of SECTION 3 of this Act prospective. SECTION 6. Effective date: September 1, 1999. SECTION 7. Emergency clause.