By Keel H.B. No. 1565
76R6565 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a crime victim reporting the commission of an offense
1-3 to a grand jury.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 56.02(a), Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 (a) A victim, guardian of a victim, or close relative of a
1-8 deceased victim is entitled to the following rights within the
1-9 criminal justice system:
1-10 (1) the right to receive from law enforcement agencies
1-11 adequate protection from harm and threats of harm arising from
1-12 cooperation with prosecution efforts;
1-13 (2) the right to have the magistrate take the safety
1-14 of the victim or his family into consideration as an element in
1-15 fixing the amount of bail for the accused;
1-16 (3) the right, if requested, to be informed of
1-17 relevant court proceedings and to be informed if those court
1-18 proceedings have been canceled or rescheduled prior to the event;
1-19 (4) the right, as exists for all individuals in this
1-20 state, to inform a grand jury of the alleged commission of an
1-21 offense;
1-22 (5) the right to be informed, when requested, by a
1-23 peace officer concerning the defendant's right to bail and the
1-24 procedures in criminal investigations and by the district
2-1 attorney's office concerning the general procedures in the criminal
2-2 justice system, including general procedures in guilty plea
2-3 negotiations and arrangements, restitution, and the appeals and
2-4 parole process;
2-5 (6) [(5)] the right to provide pertinent information
2-6 to a probation department conducting a presentencing investigation
2-7 concerning the impact of the offense on the victim and his family
2-8 by testimony, written statement, or any other manner prior to any
2-9 sentencing of the offender;
2-10 (7) [(6)] the right to receive information regarding
2-11 compensation to victims of crime as provided by Subchapter B[,
2-12 Chapter 56], including information related to the costs that may be
2-13 compensated under that subchapter [Act] and the amount of
2-14 compensation, eligibility for compensation, and procedures for
2-15 application for compensation under that subchapter [Act], the
2-16 payment for a medical examination under Article 56.06 [of this
2-17 code] for a victim of a sexual assault, and when requested, to
2-18 referral to available social service agencies that may offer
2-19 additional assistance;
2-20 (8) [(7)] the right to be informed, upon request, of
2-21 parole procedures, to participate in the parole process, to be
2-22 notified, if requested, of parole proceedings concerning a
2-23 defendant in the victim's case, to provide to the Board of Pardons
2-24 and Paroles for inclusion in the defendant's file information to
2-25 be considered by the board prior to the parole of any defendant
2-26 convicted of any crime subject to this Act, and to be notified, if
2-27 requested, of the defendant's release;
3-1 (9) [(8)] the right to be provided with a waiting
3-2 area, separate or secure from other witnesses, including the
3-3 offender and relatives of the offender, before testifying in any
3-4 proceeding concerning the offender; if a separate waiting area is
3-5 not available, other safeguards should be taken to minimize the
3-6 victim's contact with the offender and the offender's relatives and
3-7 witnesses, before and during court proceedings;
3-8 (10) [(9)] the right to prompt return of any property
3-9 of the victim that is held by a law enforcement agency or the
3-10 attorney for the state as evidence when the property is no longer
3-11 required for that purpose;
3-12 (11) [(10)] the right to have the attorney for the
3-13 state notify the employer of the victim, if requested, of the
3-14 necessity of the victim's cooperation and testimony in a proceeding
3-15 that may necessitate the absence of the victim from work for good
3-16 cause; and
3-17 (12) [(11)] the right to counseling, on request,
3-18 regarding acquired immune deficiency syndrome (AIDS) and human
3-19 immunodeficiency virus (HIV) infection and testing for acquired
3-20 immune deficiency syndrome (AIDS), human immunodeficiency virus
3-21 (HIV) infection, antibodies to HIV, or infection with any other
3-22 probable causative agent of AIDS, if the offense is an offense
3-23 under Section 21.11(a)(1), 22.011, or 22.021, Penal Code.
3-24 SECTION 2. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended,
4-2 and that this Act take effect and be in force from and after its
4-3 passage, and it is so enacted.