By Allen                                              H.B. No. 1107
         76R3113 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the rights of victims of crime, including participation
 1-3     by victims in certain criminal proceedings, the payment of
 1-4     restitution to victims, and the training of officers who deal with
 1-5     victims.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Chapter 36, Code of Criminal Procedure, is
 1-8     amended by adding Article 36.03 to read as follows:
 1-9           Art. 36.03.  INVOCATION OF RULE.  (a)  Notwithstanding Rule
1-10     614, Texas Rules of Evidence, a court at the request of a party may
1-11     order the exclusion of a witness who for the purposes of the
1-12     prosecution is a victim, close relative of a deceased victim, or
1-13     guardian of a victim only if:
1-14                 (1)  not later than the 10th day before the trial
1-15     commences the requesting party provides the opposing party with
1-16     notice of intention to request exclusion of the witness; and
1-17                 (2)  the court allows the opposing party to contest the
1-18     exclusion in open court.
1-19           (b)  The provisions of Subsection (a) do not limit the
1-20     authority of the court on its own motion to exclude a witness,
1-21     regardless of whether notice was provided to parties or parties
1-22     were provided with an opportunity to contest the exclusion.
1-23           (c)  In this article, "close relative of a deceased victim,"
1-24     "guardian of a victim," and "victim" have the meanings assigned by
 2-1     Article 56.01.
 2-2           SECTION 2.  Article 42.037, Code of Criminal Procedure, is
 2-3     amended by adding Subsection (n) to read as follows:
 2-4           (n)  The pardons and paroles division may waive a supervision
 2-5     fee or an administrative fee imposed on an inmate under Section
 2-6     508.182, Government Code, during any period in which the inmate is
 2-7     required to pay restitution under this article.
 2-8           SECTION 3.  Article 42.12, Code of Criminal Procedure, is
 2-9     amended by adding Section 30 to read as follows:
2-10           Sec. 30.  VICTIM-OFFENDER MEDIATION.  If a judge who places a
2-11     defendant on community supervision receives notice from the victim
2-12     services section of the Texas Department of Criminal Justice that a
2-13     victim of the defendant, or the victim's guardian or close
2-14     relative, wishes to participate in victim-offender mediation with
2-15     the defendant, the court shall encourage the defendant to
2-16     participate in the mediation program provided by the section.  The
2-17     judge may not require the defendant to participate and may not
2-18     reward the defendant for participation by modifying conditions of
2-19     community supervision, offering early termination of community
2-20     supervision, or granting any other benefit to the defendant.
2-21           SECTION 4.  Articles 56.02(a) and (b), Code of Criminal
2-22     Procedure, are amended to read as follows:
2-23           (a)  A victim, guardian of a victim, or close relative of a
2-24     deceased victim is entitled to the following rights within the
2-25     criminal justice system:
2-26                 (1)  the right to receive from law enforcement agencies
2-27     adequate protection from harm and threats of harm arising from
 3-1     cooperation with prosecution efforts;
 3-2                 (2)  the right to have the magistrate take the safety
 3-3     of the victim or his family into consideration as an element in
 3-4     fixing the amount of bail for the accused;
 3-5                 (3)  the right, if requested, to be informed:
 3-6                       (A)  by the attorney representing the state of
 3-7     relevant court proceedings, including appellate proceedings, and to
 3-8     be informed if those [court] proceedings have been canceled or
 3-9     rescheduled prior to the event; and
3-10                       (B)  by an appellate court of decisions of the
3-11     court, after the decisions are entered but before the decisions are
3-12     made public;
3-13                 (4)  the right to be informed, when requested, by a
3-14     peace officer concerning the defendant's right to bail and the
3-15     procedures in criminal investigations and by the district
3-16     attorney's office concerning the general procedures in the criminal
3-17     justice system, including general procedures in guilty plea
3-18     negotiations and arrangements, restitution, and the appeals and
3-19     parole process;
3-20                 (5)  the right to provide pertinent information to a
3-21     probation department conducting a presentencing investigation
3-22     concerning the impact of the offense on the victim and his family
3-23     by testimony, written statement, or any other manner prior to any
3-24     sentencing of the offender;
3-25                 (6)  the right to receive information regarding
3-26     compensation to victims of crime as provided by Subchapter B[,
3-27     Chapter 56], including information related to the costs that may be
 4-1     compensated under that subchapter [Act] and the amount of
 4-2     compensation, eligibility for compensation, and procedures for
 4-3     application for compensation under that subchapter [Act], the
 4-4     payment for a medical examination under Article 56.06 [of this
 4-5     code] for a victim of a sexual assault, and when requested, to
 4-6     referral to available social service agencies that may offer
 4-7     additional assistance;
 4-8                 (7)  the right to be informed, upon request, of parole
 4-9     procedures, to participate in the parole process, to be notified,
4-10     if requested, of parole proceedings concerning a defendant in the
4-11     victim's case, to provide to the Board of Pardons and Paroles  for
4-12     inclusion in the defendant's file information to be considered by
4-13     the board prior to the parole of any defendant convicted of any
4-14     crime subject to this Act, and to be notified, if requested, of the
4-15     defendant's release;
4-16                 (8)  the right to be provided with a waiting area,
4-17     separate or secure from other witnesses, including the offender and
4-18     relatives of the offender, before testifying in any proceeding
4-19     concerning the offender; if a separate waiting area is not
4-20     available, other safeguards should be taken to minimize the
4-21     victim's contact with the offender and the offender's relatives and
4-22     witnesses, before and during court proceedings;
4-23                 (9)  the right to prompt return of any property of the
4-24     victim that is held by a law enforcement agency or the attorney for
4-25     the state as evidence when the property is no longer required for
4-26     that purpose;
4-27                 (10)  the right to have the attorney for the state
 5-1     notify the employer of the victim, if requested, of the necessity
 5-2     of the victim's cooperation and testimony in a proceeding that may
 5-3     necessitate the absence of the victim from work for good cause;
 5-4     [and]
 5-5                 (11)  the right to counseling, on request, regarding
 5-6     acquired immune deficiency syndrome (AIDS) and human
 5-7     immunodeficiency virus (HIV) infection and testing for acquired
 5-8     immune deficiency syndrome (AIDS), human immunodeficiency virus
 5-9     (HIV) infection, antibodies to HIV, or infection with any other
5-10     probable causative agent of AIDS, if the offense is an offense
5-11     under Section 21.11(a)(1), 22.011, or 22.021, Penal Code;
5-12                 (12)  the right to request victim-offender mediation
5-13     coordinated by the victim services section of the Texas Department
5-14     of Criminal Justice; and
5-15                 (13)  the right to be informed of the uses of a victim
5-16     impact statement and the statement's purpose in the criminal
5-17     justice system, to complete the victim impact statement, and to
5-18     have the victim impact statement considered:
5-19                       (A)  by the attorney representing the state and
5-20     the judge before sentencing or before a plea bargain agreement is
5-21     accepted; and
5-22                       (B)  by the Board of Pardons and Paroles before
5-23     an inmate is released on parole.
5-24           (b)  A victim, guardian of a victim, or close relative of a
5-25     deceased victim is entitled to the right to be present at all
5-26     public court proceedings related to the offense, subject to the
5-27     approval of the judge in the case.
 6-1           SECTION 5.  Article 56.03(e), Code of Criminal Procedure, is
 6-2     amended to read as follows:
 6-3           (e)  Prior to the imposition of a sentence by the court in a
 6-4     criminal case, the court, if it has received a victim impact
 6-5     statement, shall consider the information provided in the
 6-6     statement.  Before sentencing the defendant, the court shall permit
 6-7     the defendant or his counsel a reasonable time to read the
 6-8     statement, excluding the victim's name, address, and telephone
 6-9     number, comment on the statement, and, with the approval of the
6-10     court, introduce testimony or other information alleging a factual
6-11     inaccuracy in the statement.  If the court sentences the defendant
6-12     to a term of community supervision [probation], the court shall
6-13     forward any victim's impact statement received in the case to the
6-14     community supervision and corrections [probation] department
6-15     supervising the defendant, along with the papers in the case.
6-16           SECTION 6.  Article 56.05, Code of Criminal Procedure, is
6-17     amended by adding Subsection (d) to read as follows:
6-18           (d)  The Texas Crime Victim Clearinghouse shall periodically
6-19     develop and submit to the Commission on Law Enforcement Officer
6-20     Standards and Education and the Texas Department of Criminal
6-21     Justice recommendations for training in crime victims' issues of
6-22     law enforcement officers, community supervision and corrections
6-23     department officers, and parole officers.
6-24           SECTION 7.  Article 56.08, Code of Criminal Procedure, is
6-25     amended by adding Subsection (e) to read as follows:
6-26           (e)  The brief general statement describing the plea
6-27     bargaining stage in a criminal trial required by Subsection (a)(1)
 7-1     shall include a statement that:
 7-2                 (1)  the victim impact statement provided by the
 7-3     victim, guardian of a victim, or close relative of a deceased
 7-4     victim will be considered by the attorney representing the state in
 7-5     entering into the plea bargain agreement; and
 7-6                 (2)  the judge before accepting the plea bargain is
 7-7     required under Section 26.13(e) to ask:
 7-8                       (A)  whether a victim impact statement has been
 7-9     returned to the attorney; and
7-10                       (B)  if a statement has been returned, for a copy
7-11     of the statement.
7-12           SECTION 8.  Article 56.12, Code of Criminal Procedure, is
7-13     amended to read as follows:
7-14           Art. 56.12.  NOTIFICATION OF ESCAPE OR TRANSFER.  (a)  The
7-15     Texas Department of Criminal Justice shall immediately [make a
7-16     reasonable  attempt to] notify the victim of an offense, the
7-17     victim's guardian, or the victim's close relative, if the victim is
7-18     deceased[, whenever the offender escapes from a facility operated
7-19     by the institutional division of the Texas Department of Criminal
7-20     Justice], if the victim, victim's guardian, or victim's close
7-21     relative has notified the institutional division as provided by
7-22     Subsection (b) of this article, whenever the offender:
7-23                 (1)  escapes from a facility operated by the
7-24     institutional division; or
7-25                 (2)  is transferred from the custody of the
7-26     institutional division to the custody of a peace officer under a
7-27     writ of attachment or a bench warrant.  [An attempt by the Texas
 8-1     Department of Criminal Justice to give notice to the victim, the
 8-2     guardian of the victim, or a close relative of a deceased victim at
 8-3     the victim's, the guardian of the victim's, or a close relative of
 8-4     a deceased victim's last known telephone number or address as shown
 8-5     on the records of the department constitutes a reasonable attempt
 8-6     to give notice under this subsection.]
 8-7           (b)  It is the responsibility of the victim, guardian, or
 8-8     close relative desiring notification of an offender's escape or
 8-9     transfer from custody under a writ of attachment or bench warrant
8-10     to notify the Texas Department of Criminal Justice of the desire
8-11     for notification and any change of address.
8-12           (c)  In providing notice under Subsection (a)(2), the
8-13     institutional division shall include the name, address, and
8-14     telephone number of the peace officer receiving the inmate into
8-15     custody.  On returning the inmate to the custody of the
8-16     institutional division, the peace officer shall notify the victim,
8-17     the victim's guardian, or the victim's close relative if the victim
8-18     is deceased, of that fact.
8-19           SECTION 9.  Subchapter A, Chapter 56, Code of Criminal
8-20     Procedure, is amended by adding Articles 56.13 and 56.14 to read as
8-21     follows:
8-22           Art. 56.13.  VICTIM-OFFENDER MEDIATION.  The victim services
8-23     section of the Texas Department of Criminal Justice shall:
8-24                 (1)  train volunteers to act as mediators between
8-25     victims, guardians of victims, and close relatives of deceased
8-26     victims and offenders whose criminal conduct caused bodily injury
8-27     or death to victims; and
 9-1                 (2)  provide mediation services through referral of a
 9-2     trained volunteer, if requested by a victim, guardian of a victim,
 9-3     or close relative of a deceased victim.
 9-4           Art. 56.14.  CLEARINGHOUSE TRAINING PROGRAM.  (a)  The Texas
 9-5     Crime Victim Clearinghouse may provide to participants in the
 9-6     criminal justice system training containing information on crime
 9-7     victims' rights.
 9-8           (b)  The clearinghouse may charge fees for training described
 9-9     by Subsection (a).  The clearinghouse shall deposit money collected
9-10     under this article into a special account in the general revenue
9-11     fund.  The legislature may appropriate money from the fund only for
9-12     the purpose of paying the costs of administering the clearinghouse.
9-13           SECTION 10.  Section 57.002, Family Code, is amended to read
9-14     as follows:
9-15           Sec. 57.002.  VICTIM'S RIGHTS.  (a)  A victim, guardian of a
9-16     victim, or close relative of a deceased victim is entitled to the
9-17     following rights within the juvenile justice system:
9-18                 (1)  the right to receive from law enforcement agencies
9-19     adequate protection from harm and threats of harm arising from
9-20     cooperation with prosecution efforts;
9-21                 (2)  the right to have the court or person appointed by
9-22     the court take the safety of the victim or the victim's family into
9-23     consideration as an element in determining whether the child should
9-24     be detained before the child's conduct is adjudicated;
9-25                 (3)  the right, if requested, to be informed of
9-26     relevant court proceedings, including appellate proceedings, and to
9-27     be informed in a timely manner if those court proceedings have been
 10-1    canceled or rescheduled;
 10-2                (4)  the right to be informed, when requested, by the
 10-3    court or a person appointed by the court concerning the procedures
 10-4    in the juvenile justice system, including general procedures
 10-5    relating to:
 10-6                      (A)  the preliminary investigation and deferred
 10-7    prosecution of a case; and
 10-8                      (B)  the appeal of the case;
 10-9                (5)  the right to provide pertinent information to a
10-10    juvenile court conducting a disposition hearing concerning the
10-11    impact of the offense on the victim and the victim's family by
10-12    testimony, written statement, or any other manner before the court
10-13    renders its disposition;
10-14                (6)  the right to receive information regarding
10-15    compensation to victims as provided by Subchapter B, Chapter 56,
10-16    Code of Criminal Procedure, including information related to the
10-17    costs that may be compensated under that subchapter [Act] and the
10-18    amount of compensation, eligibility for compensation, and
10-19    procedures for application for compensation under that subchapter
10-20    [Act], the payment of medical expenses under Section 56.06, Code of
10-21    Criminal Procedure, for a victim of a sexual assault, and when
10-22    requested, to referral to available social service agencies that
10-23    may offer additional assistance;
10-24                (7)  the right to be informed, upon request, of
10-25    procedures for release under supervision or transfer of the person
10-26    to the custody of the pardons and paroles division of the Texas
10-27    Department of Criminal Justice for parole, to participate in the
 11-1    release or transfer for parole process, to be notified, if
 11-2    requested, of the person's release, escape, or transfer for parole
 11-3    proceedings concerning the person, to provide to the Texas Youth
 11-4    Commission for inclusion in the person's file information to be
 11-5    considered by the commission before the release under supervision
 11-6    or transfer for parole of the person, and to be notified, if
 11-7    requested, of the person's release or transfer for parole;
 11-8                (8)  the right to be provided with a waiting area,
 11-9    separate or secure from other witnesses, including the child
11-10    alleged to have committed the conduct and relatives of the child,
11-11    before testifying in any proceeding concerning the child, or, if a
11-12    separate waiting area is not available, other safeguards should be
11-13    taken to minimize the victim's contact with the child and the
11-14    child's relatives and witnesses, before and during court
11-15    proceedings;
11-16                (9)  the right to prompt return of any property of the
11-17    victim that is held by a law enforcement agency or the attorney for
11-18    the state as evidence when the property is no longer required for
11-19    that purpose;
11-20                (10)  the right to have the attorney for the state
11-21    notify the employer of the victim, if requested, of the necessity
11-22    of the victim's cooperation and testimony in a proceeding that may
11-23    necessitate the absence of the victim from work for good cause;
11-24                (11)  the right to be present at all public court
11-25    proceedings related to the conduct of the child as provided by
11-26    Section 54.08, subject to that section; and
11-27                (12)  any other right appropriate to the victim that a
 12-1    victim of criminal conduct has under Article 56.02, Code of
 12-2    Criminal Procedure.
 12-3          (b)  In notifying a victim of the release or escape of a
 12-4    person, the Texas Youth Commission shall use the same procedure
 12-5    established for the  notification of the release or escape of an
 12-6    adult offender under Article 56.11, Code of Criminal Procedure.
 12-7          SECTION 11.  Section 76.016, Government Code, is amended to
 12-8    read as follows:
 12-9          Sec. 76.016.  Victim Notification.  (a)  A department, using
12-10    the name and address provided by the attorney representing the
12-11    state under Article 56.08(d), Code of Criminal Procedure, shall
12-12    immediately [make a reasonable effort to] notify a victim of the
12-13    defendant's crime or, if the victim has a guardian or is deceased,
12-14    [to] notify the guardian of the victim or close relative of the
12-15    deceased victim of:
12-16                (1)  the fact that the defendant has been placed on
12-17    community supervision;
12-18                (2)  the conditions of community supervision imposed on
12-19    the defendant by the court; and
12-20                (3)  the date, time, and location of any hearing or
12-21    proceeding at which the conditions of the defendant's community
12-22    supervision may be modified or the defendant's placement on
12-23    community supervision may be revoked or terminated.
12-24          (b)  [An attempt by the department to give notice to the
12-25    victim, the guardian of the victim, or a close relative of a
12-26    deceased victim at the victim's, the guardian of the victim's, or a
12-27    close relative of a deceased victim's last known telephone number
 13-1    or address as shown on the records of the department constitutes a
 13-2    reasonable attempt to give notice under this section.]
 13-3          [(c)]  In this section, "close relative of a deceased
 13-4    victim," "guardian of a victim," and "victim" have the meanings
 13-5    assigned by Article 56.01, Code of Criminal Procedure.
 13-6          SECTION 12.  Section 415.032(b), Government Code, is amended
 13-7    to read as follows:
 13-8          (b)  In establishing requirements under this section, the
 13-9    commission shall require courses and programs to provide training
13-10    in:
13-11                (1)  the investigation and documentation of cases that
13-12    involve the following:
13-13                      (A)  child abuse;
13-14                      (B)  child neglect;
13-15                      (C)  family violence; and
13-16                      (D)  sexual assault; [and]
13-17                (2)  issues concerning sex offender characteristics;
13-18    and
13-19                (3)  crime victims' rights under Chapter 56, Code of
13-20    Criminal Procedure, and Chapter 57, Family Code, and the duty of
13-21    law enforcement agencies to ensure that a victim is afforded those
13-22    rights.
13-23          SECTION 13.  Section 415.034, Government Code, is amended by
13-24    adding Subsection (j) to read as follows:
13-25          (j)  The commission shall require a state, county, special
13-26    district, or municipal agency that appoints or employs a peace
13-27    officer to require each peace officer to complete one in-service
 14-1    training course on crime victims' rights as part of the continuing
 14-2    education program described by Subsection (b), unless the peace
 14-3    officer received training in crime victims' rights under Section
 14-4    415.032(b)(3).  The agency may require each peace officer to
 14-5    receive additional training in crime victims' rights at regular
 14-6    intervals that the agency determines are of sufficient frequency to
 14-7    maintain the peace officer's familiarity with the subject matter.
 14-8          SECTION 14.  Section 493.001, Government Code, is amended to
 14-9    read as follows:
14-10          Sec. 493.001.  Department Mission.  The mission of the
14-11    department is to provide public safety, assist victims of crime,
14-12    promote positive change in offender behavior, and reintegrate
14-13    offenders into society.
14-14          SECTION 15.  Chapter 493, Government Code, is amended by
14-15    adding Section 493.023 to read as follows:
14-16          Sec. 493.023.  INSTRUCTION REGARDING CRIME VICTIMS' ISSUES.
14-17    (a)  The department shall provide an annual four-hour training
14-18    program in crime victims' issues:
14-19                (1)  through the community justice assistance division,
14-20    to community supervision and corrections department officers; and
14-21                (2)  through the pardons and paroles division, to
14-22    parole officers.
14-23          (b)  The board shall adopt rules to provide the training
14-24    required by Subsection (a).  In adopting the rules, the board shall
14-25    consult with the Texas Crime Victim Clearinghouse and may request
14-26    recommendations for instruction content.  The instruction must
14-27    include information about:
 15-1                (1)  crime victims' rights under Chapter 56, Code of
 15-2    Criminal Procedure; and
 15-3                (2)  the duty of community supervision and corrections
 15-4    department officers and parole officers to ensure that a victim is
 15-5    afforded those rights.
 15-6          SECTION 16.  Subchapter A, Chapter 501, Government Code, is
 15-7    amended by adding Section 501.018 to read as follows:
 15-8          Sec. 501.018.  VICTIM-OFFENDER MEDIATION.  If the
 15-9    institutional division receives notice from the victim services
15-10    section of the department that a victim of an inmate imprisoned by
15-11    the division, or the victim's guardian or close relative, wishes to
15-12    participate in victim-offender mediation with the inmate, the
15-13    division shall encourage the inmate to participate in the program
15-14    provided by the section.  The institutional division may not
15-15    require the inmate to participate and may not reward the inmate for
15-16    participation by improving the inmate's classification status or
15-17    privileges or by granting any other benefits to the inmate.
15-18          SECTION 17.  Subchapter B, Chapter 508, Government Code, is
15-19    amended by adding Section 508.0481 to read as follows:
15-20          Sec. 508.0481.  VICTIM'S RIGHT TO REPRESENTATION.  (a)  If a
15-21    victim, close relative of a deceased victim, or guardian of a
15-22    victim is required by a subpoena issued under Section 508.048 to
15-23    appear at a hearing, the victim, relative, or guardian is entitled
15-24    to representation by counsel at the hearing.
15-25          (b)  This section does not require the state to provide
15-26    representation by counsel to a victim, close relative of a deceased
15-27    victim, or guardian of a victim.
 16-1          (c)  In this section, "victim," "close relative of a deceased
 16-2    victim," and "guardian of a victim" have the meanings assigned by
 16-3    Section 508.117.
 16-4          SECTION 18.  Subchapter J, Chapter 508, Government Code, is
 16-5    amended by adding Section 508.325 to read as follows:
 16-6          Sec. 508.325.  VICTIM-OFFENDER MEDIATION.  (a)  If the
 16-7    division receives notice from the victim services section of the
 16-8    Texas Department of Criminal Justice that a victim of the
 16-9    defendant, or the victim's guardian or close relative, wishes to
16-10    participate in victim-offender mediation with a person released to
16-11    parole or mandatory supervision, the division shall encourage the
16-12    person to participate in the mediation program provided by the
16-13    section.  The division may not require the defendant to participate
16-14    and may not reward the person for participation by modifying
16-15    conditions of release or the person's level of supervision or by
16-16    granting any other benefit to the person.
16-17          (b)  In this section, "victim," "close relative of a deceased
16-18    victim," and "guardian of a victim" have the meanings assigned by
16-19    Section 508.117.
16-20          SECTION 19.  (a)  The Commission on Law Enforcement Officer
16-21    Standards and Education shall establish the new courses and
16-22    programs required under Section 415.032(b)(3), Government Code, as
16-23    added by this Act, not later than January 1, 2000.
16-24          (b)  For persons who are officers on September 1, 1999, the
16-25    first set of courses required under Section 415.034(j), Government
16-26    Code, as added by this Act, must be completed before September 1,
16-27    2001.
 17-1          SECTION 20.  The Texas Board of Criminal Justice shall
 17-2    establish the programs required by Section 493.023, Government
 17-3    Code, as added by this Act, not later than January 1, 2000, and a
 17-4    person who is a community supervision and corrections department
 17-5    officer or parole officer on September 1, 1999, must complete a
 17-6    program required by that section before September 1, 2001.
 17-7          SECTION 21.  This Act takes effect September 1, 1999.
 17-8          SECTION 22.  The importance of this legislation and the
 17-9    crowded condition of the calendars in both houses create an
17-10    emergency and an imperative public necessity that the
17-11    constitutional rule requiring bills to be read on three several
17-12    days in each house be suspended, and this rule is hereby suspended.