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.