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.