SRC-JBJ H.B. 3765 76(R)BILL ANALYSIS


Senate Research CenterH.B. 3765
By: Gallego (Armbrister)
Criminal Justice
5/14/1999
Committee Report (Amended)


DIGEST 

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 would amend regulations
regarding the rights of crime victims and the right of victims of
delinquent conduct committed by a child. 

PURPOSE

As proposed, H.B. 3765 amends the rights of crime victims and the right of
victims of delinquent conduct committed by a child. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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 have been returned
to the attorney before entering into any plea bargain agreement. 

SECTION 2.  Amends Article 42.037, Code of Criminal Procedure, by adding
Subsection (n), to authorize the pardons and paroles division to 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.   

SECTION 3.  Amends Article 56.02, Code of Criminal Procedure, by amending
Subsections (a) and (b) and adding Subsection (e), to provide that a
victim, guardian of a victim, or close relative of a victim,  have the
right to be informed of certain court proceedings, to request
victim-offender mediation, and to be informed of the uses of a victim
impact statement and the statement's purpose, unless there is no record or
the record is waived.  Requires the court, before pronouncing sentence in a
case and that are to be afforded to the victim by the attorney for the
state, to ask the attorney for the state if whether the victim, the
guardian of a victim, or the close relative of a deceased victim have been
afforded all rights prescribed by this article.  Makes conforming changes.

SECTION 4.  Amends Article 56.03(e), Code of Criminal Procedure, to require
the court to permit the defendant a reasonable time to read a statement,
excluding the victim's name, address, and telephone number, if alleging a
factual inaccuracy in the statement.  Requires the court to forward a
victim's impact statement to the community supervision and corrections
department, rather than probation department, if the defendant is sentenced
to a term of community supervision, rather than probation.   

SECTION 5.  Amends Chapter 56A, Code of Criminal Procedure, by adding
Article 56.045, as follows: 

Art. 56.045.  RIGHT TO PRESENCE OF VICTIM ASSISTANCE COORDINATOR, CRIME
VICTIM ADVOCATE, OR OTHER REPRESENTATIVE.  Prohibits a victim of sexual
assault from being denied the opportunity to present certain evidence
regarding the offense. 

 SECTION 6.  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. Requires the court to require the attorney representing the state
to state on the record whether each victim or certain others to the extent
practicable had been provided the notice required this article.  Makes a
conforming change. 

SECTION 7.  Amends Article 56.12, Code of Criminal Procedure, to set forth
circumstances when the Texas Department of Criminal Justice (TDCJ) shall
notify the victim of an offense or certain others of information regarding
the offender.  Provides that it is the victim's responsibility to request
certain information about an offender and to notify TDCJ of change of
address and desire for notification. Requires the institutional division to
include certain information about the peace office receiving the inmate
into custody, whereby  the victim services division of TDCJ shall notify
the victim of that information. Deletes text requiring TDCJ to notify the
victim of certain information. 

SECTION 8.  Amends Chapter 56A, Code of Criminal Procedure, by adding
Article 56.13 and 56.14, as follows: 

Art. 56.13.  VICTIM-OFFENDER MEDIATION.  Sets forth guidelines for victim
services to train volunteers and provide mediation services. 

Art. 56.14.  CLEARINGHOUSE ANNUAL CONFERENCE.  Authorizes the Texas Crime
Victim Clearinghouse to conduct an annual conference to provide certain
information regarding crime victims' rights.  Authorizes the clearinghouse
to charge a fee to persons attending. 

SECTION 9.  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. 

SECTION 10.  Amends Section 57.002, Family Code, by adding Subsections (b)
and (c), 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 have been
afforded all rights prescribed by this section and that are to be afforded
to the victim by the attorney for the state.  Sets forth guidelines to
notify the victim.  Makes conforming changes.   

SECTION 11.  Amends Section 76.016, Government Code, to delete text
regarding a reasonable attempt to notify a victim of certain information.
Makes conforming changes. 

SECTION 12. Amends Section 415.032(b), Government Code, to require the
Commission on Law Enforcement Officer Standards and Education (commission)
to require course and programs to provide training in crime victim's rights
and the duty of law enforcement agencies to ensure that a victim is
afforded those rights. 

SECTION 13.  Amends Section 493.001, Government Code, to provide that the
mission of the TDCJ is to assist victims of crime and other issues. 

SECTION 14.  Amends Chapter 508B, Government Code, by adding Section
508.0481, as follows: 

Sec. 508.0481.  VICTIM'S RIGHTS TO REPRESENTATION.  Entitles certain
victims and other individuals to representation by counsel at a hearing if
the person is required to attend. Provides that this section does not
require the state to provide representation to the person. Defines
"victim," "close relative of a deceased victim," and "guardian of a
victim." 

SECTION 15.  Amends Section 2008.053(a), Government Code, to provide an
exception to an agency's appointment of a third party, which includes
whether the procedure is a victim-offender mediation, in which case
approval of the parties is not required.  Makes conforming changes. 

SECTION 16.  Makes application of this Act prospective.

SECTION 17.  Effective date: September 1, 1999.

SECTION 18.  Emergency clause.