By Gallego H.B. No. 3765
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the rights of crime victims and to the rights of
1-3 victims of delinquent conduct committed by a child.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 26.13, Code of Criminal Procedure, is
1-6 amended by adding Subsection (h) to read as follows:
1-7 (h) Before entering into a plea bargaining agreement with
1-8 the defendant, the attorney representing the state shall consider
1-9 any victim impact statement regarding the offense that has been
1-10 returned to the attorney.
1-11 SECTION 2. Article 42.037, Code of Criminal Procedure, is
1-12 amended by adding Subsection (n) to read as follows:
1-13 (n) The pardons and paroles division may waive a supervision
1-14 fee or an administrative fee imposed on an inmate under Section
1-15 508.182, Government Code, during any period in which the inmate is
1-16 required to pay restitution under this article.
1-17 SECTION 3. Article 56.02, Code of Criminal Procedure, is
1-18 amended by amending Subsections (a) and (b) and adding Subsection
1-19 (e) to read as follows:
1-20 (a) A victim, guardian of a victim, or close relative of a
1-21 deceased victim is entitled to the following rights within the
1-22 criminal justice system:
1-23 (1) the right to receive from law enforcement agencies
1-24 adequate protection from harm and threats of harm arising from
2-1 cooperation with prosecution efforts;
2-2 (2) the right to have the magistrate take the safety
2-3 of the victim or his family into consideration as an element in
2-4 fixing the amount of bail for the accused;
2-5 (3) the right, if requested, to be informed by the
2-6 attorney representing the state of relevant court proceedings,
2-7 including appellate proceedings, and to be informed if those
2-8 [court] proceedings have been canceled or rescheduled prior to the
2-9 event;
2-10 (4) the right to be informed, when requested, by a
2-11 peace officer concerning the defendant's right to bail and the
2-12 procedures in criminal investigations and by the district
2-13 attorney's office concerning the general procedures in the criminal
2-14 justice system, including general procedures in guilty plea
2-15 negotiations and arrangements, restitution, and the appeals and
2-16 parole process;
2-17 (5) the right to provide pertinent information to a
2-18 probation department conducting a presentencing investigation
2-19 concerning the impact of the offense on the victim and his family
2-20 by testimony, written statement, or any other manner prior to any
2-21 sentencing of the offender;
2-22 (6) the right to receive information regarding
2-23 compensation to victims of crime as provided by Subchapter B[,
2-24 Chapter 56], including information related to the costs that may be
2-25 compensated under that subchapter [Act] and the amount of
2-26 compensation, eligibility for compensation, and procedures for
2-27 application for compensation under that subchapter [Act], the
3-1 payment for a medical examination under Article 56.06 [of this
3-2 code] for a victim of a sexual assault, and when requested, to
3-3 referral to available social service agencies that may offer
3-4 additional assistance;
3-5 (7) the right to be informed, upon request, of parole
3-6 procedures, to participate in the parole process, to be notified,
3-7 if requested, of parole proceedings concerning a defendant in the
3-8 victim's case, to provide to the Board of Pardons and Paroles for
3-9 inclusion in the defendant's file information to be considered by
3-10 the board prior to the parole of any defendant convicted of any
3-11 crime subject to this Act, and to be notified, if requested, of the
3-12 defendant's release;
3-13 (8) the right to be provided with a waiting area,
3-14 separate or secure from other witnesses, including the offender and
3-15 relatives of the offender, before testifying in any proceeding
3-16 concerning the offender; if a separate waiting area is not
3-17 available, other safeguards should be taken to minimize the
3-18 victim's contact with the offender and the offender's relatives and
3-19 witnesses, before and during court proceedings;
3-20 (9) the right to prompt return of any property of the
3-21 victim that is held by a law enforcement agency or the attorney for
3-22 the state as evidence when the property is no longer required for
3-23 that purpose;
3-24 (10) the right to have the attorney for the state
3-25 notify the employer of the victim, if requested, of the necessity
3-26 of the victim's cooperation and testimony in a proceeding that may
3-27 necessitate the absence of the victim from work for good cause;
4-1 [and]
4-2 (11) the right to counseling, on request, regarding
4-3 acquired immune deficiency syndrome (AIDS) and human
4-4 immunodeficiency virus (HIV) infection and testing for acquired
4-5 immune deficiency syndrome (AIDS), human immunodeficiency virus
4-6 (HIV) infection, antibodies to HIV, or infection with any other
4-7 probable causative agent of AIDS, if the offense is an offense
4-8 under Section 21.11(a)(1), 22.011, or 22.021, Penal Code;
4-9 (12) the right to request victim-offender mediation
4-10 coordinated by the victim services division of the Texas Department
4-11 of Criminal Justice; and
4-12 (13) the right to be informed of the uses of a victim
4-13 impact statement and the statement's purpose in the criminal
4-14 justice system, to complete the victim impact statement, and to
4-15 have the victim impact statement considered:
4-16 (A) by the attorney representing the state and
4-17 the judge before sentencing or before a plea bargain agreement is
4-18 accepted; and
4-19 (B) by the Board of Pardons and Paroles before
4-20 an inmate is released on parole.
4-21 (b) A victim, guardian of a victim, or close relative of a
4-22 deceased victim is entitled to the right to be present at all
4-23 public court proceedings related to the offense, subject to the
4-24 approval of the judge in the case.
4-25 (e) Before pronouncing sentence in a case, the court shall
4-26 require the attorney representing the state to state on the record
4-27 whether each victim, guardian of a victim, or close relative of a
5-1 deceased victim has been afforded, to the greatest extent
5-2 practicable, the rights granted by Subsection (a) of this article
5-3 that are applicable to procedures occurring before the
5-4 pronouncement of sentence.
5-5 SECTION 4. Article 56.03(e), Code of Criminal Procedure, is
5-6 amended to read as follows:
5-7 (e) Prior to the imposition of a sentence by the court in a
5-8 criminal case, the court, if it has received a victim impact
5-9 statement, shall consider the information provided in the
5-10 statement. Before sentencing the defendant, the court shall permit
5-11 the defendant or his counsel a reasonable time to read the
5-12 statement, excluding the victim's name, address, and telephone
5-13 number, comment on the statement, and, with the approval of the
5-14 court, introduce testimony or other information alleging a factual
5-15 inaccuracy in the statement. If the court sentences the defendant
5-16 to a term of community supervision [probation], the court shall
5-17 forward any victim's impact statement received in the case to the
5-18 community supervision and corrections [probation] department
5-19 supervising the defendant, along with the papers in the case.
5-20 SECTION 5. Subchapter A, Chapter 56, Code of Criminal
5-21 Procedure, is amended by adding Article 56.045 to read as follows:
5-22 Art. 56.045. RIGHT TO PRESENCE OF VICTIM ASSISTANCE
5-23 COORDINATOR, CRIME VICTIM ADVOCATE, OR OTHER REPRESENTATIVE. A
5-24 victim of a sexual assault may not be denied the opportunity to
5-25 have the victim assistance coordinator, an advocate from a crime
5-26 victim assistance program, or another representative of the
5-27 victim's choice present with the victim at any medical examination
6-1 conducted for the purpose of collecting evidence related to the
6-2 investigation or prosecution of the offense.
6-3 SECTION 6. Article 56.08, Code of Criminal Procedure, is
6-4 amended by adding Subsections (e) and (f) to read as follows:
6-5 (e) The attorney representing the state shall include in the
6-6 brief general statement required by Subsection (a)(1) an
6-7 explanation that:
6-8 (1) before entering into a plea bargaining agreement,
6-9 the attorney representing the state is required to consider any
6-10 victim impact statement regarding the offense that has been
6-11 returned to the attorney; and
6-12 (2) before accepting a plea of guilty or nolo
6-13 contendere, the court is required to:
6-14 (A) inquire as to whether a victim impact
6-15 statement has been returned to the attorney representing the state;
6-16 and
6-17 (B) if a statement has been returned, obtain a
6-18 copy of the statement.
6-19 (f) Before pronouncing sentence in a case, the court shall
6-20 require the attorney representing the state to state on the record,
6-21 unless there is no record or the record is waived, whether each
6-22 victim, guardian of a victim, or close relative of a deceased
6-23 victim has been provided the notice required by this article.
6-24 SECTION 7. Article 56.12, Code of Criminal Procedure, is
6-25 amended to read as follows:
6-26 Art. 56.12. NOTIFICATION OF ESCAPE OR TRANSFER. (a) The
6-27 Texas Department of Criminal Justice shall immediately [make a
7-1 reasonable attempt to] notify the victim of an offense, the
7-2 victim's guardian, or the victim's close relative, if the victim is
7-3 deceased[, whenever the offender escapes from a facility operated
7-4 by the institutional division of the Texas Department of Criminal
7-5 Justice], if the victim, victim's guardian, or victim's close
7-6 relative has notified the institutional division as provided by
7-7 Subsection (b) of this article, whenever the offender:
7-8 (1) escapes from a facility operated by the
7-9 institutional division; or
7-10 (2) is transferred from the custody of the
7-11 institutional division to the custody of a peace officer under a
7-12 writ of attachment or a bench warrant. [An attempt by the Texas
7-13 Department of Criminal Justice to give notice to the victim, the
7-14 guardian of the victim, or a close relative of a deceased victim at
7-15 the victim's, the guardian of the victim's, or a close relative of
7-16 a deceased victim's last known telephone number or address as shown
7-17 on the records of the department constitutes a reasonable attempt
7-18 to give notice under this subsection.]
7-19 (b) It is the responsibility of the victim, guardian, or
7-20 close relative desiring notification of an offender's escape or
7-21 transfer from custody under a writ of attachment or bench warrant
7-22 to notify the Texas Department of Criminal Justice of the desire
7-23 for notification and any change of address.
7-24 (c) In providing notice under Subsection (a)(2), the
7-25 institutional division shall include the name, address, and
7-26 telephone number of the peace officer receiving the inmate into
7-27 custody. On the return of the inmate to the custody of the
8-1 institutional division, the victim services division of the Texas
8-2 Department of Criminal Justice shall notify the victim, the
8-3 victim's guardian, or the victim's close relative, if the victim is
8-4 deceased, of that fact.
8-5 SECTION 8. Subchapter A, Chapter 56, Code of Criminal
8-6 Procedure, is amended by adding Articles 56.13 and 56.14 to read as
8-7 follows:
8-8 Art. 56.13. VICTIM-OFFENDER MEDIATION. The victim services
8-9 division of the Texas Department of Criminal Justice shall:
8-10 (1) train volunteers to act as mediators between
8-11 victims, guardians of victims, and close relatives of deceased
8-12 victims and offenders whose criminal conduct caused bodily injury
8-13 or death to victims; and
8-14 (2) provide mediation services through referral of a
8-15 trained volunteer, if requested by a victim, guardian of a victim,
8-16 or close relative of a deceased victim.
8-17 Art. 56.14. CLEARINGHOUSE ANNUAL CONFERENCE. (a) The Texas
8-18 Crime Victim Clearinghouse may conduct an annual conference to
8-19 provide to participants in the criminal justice system training
8-20 containing information on crime victims' rights.
8-21 (b) The clearinghouse may charge fees to persons attending
8-22 the conference described by Subsection (a).
8-23 SECTION 9. (a) Section 154.023(a), Civil Practice and
8-24 Remedies Code, is amended to read as follows:
8-25 (a) Mediation is a forum in which an impartial person, the
8-26 mediator, facilitates communication between parties to promote
8-27 reconciliation, settlement, or understanding among them. Mediation
9-1 includes victim-offender mediation described by Article 56.13, Code
9-2 of Criminal Procedure.
9-3 (b) The amendment by this section to Section 154.023(a),
9-4 Civil Practice and Remedies Code, granting victim-offender
9-5 mediation provided by the Texas Department of Criminal Justice the
9-6 same status as other forms of mediation authorized by Chapter 154,
9-7 applies to a victim-offender mediation procedure provided by the
9-8 department before, on, or after the effective date of this Act.
9-9 SECTION 10. Section 57.002, Family Code, is amended to read
9-10 as follows:
9-11 Sec. 57.002. VICTIM'S RIGHTS. (a) A victim, guardian of a
9-12 victim, or close relative of a deceased victim is entitled to the
9-13 following rights within the juvenile justice system:
9-14 (1) the right to receive from law enforcement agencies
9-15 adequate protection from harm and threats of harm arising from
9-16 cooperation with prosecution efforts;
9-17 (2) the right to have the court or person appointed by
9-18 the court take the safety of the victim or the victim's family into
9-19 consideration as an element in determining whether the child should
9-20 be detained before the child's conduct is adjudicated;
9-21 (3) the right, if requested, to be informed of
9-22 relevant court proceedings, including appellate proceedings, and to
9-23 be informed in a timely manner if those court proceedings have been
9-24 canceled or rescheduled;
9-25 (4) the right to be informed, when requested, by the
9-26 court or a person appointed by the court concerning the procedures
9-27 in the juvenile justice system, including general procedures
10-1 relating to:
10-2 (A) the preliminary investigation and deferred
10-3 prosecution of a case; and
10-4 (B) the appeal of the case;
10-5 (5) the right to provide pertinent information to a
10-6 juvenile court conducting a disposition hearing concerning the
10-7 impact of the offense on the victim and the victim's family by
10-8 testimony, written statement, or any other manner before the court
10-9 renders its disposition;
10-10 (6) the right to receive information regarding
10-11 compensation to victims as provided by Subchapter B, Chapter 56,
10-12 Code of Criminal Procedure, including information related to the
10-13 costs that may be compensated under that subchapter [Act] and the
10-14 amount of compensation, eligibility for compensation, and
10-15 procedures for application for compensation under that subchapter
10-16 [Act], the payment of medical expenses under Section 56.06, Code of
10-17 Criminal Procedure, for a victim of a sexual assault, and when
10-18 requested, to referral to available social service agencies that
10-19 may offer additional assistance;
10-20 (7) the right to be informed, upon request, of
10-21 procedures for release under supervision or transfer of the person
10-22 to the custody of the pardons and paroles division of the Texas
10-23 Department of Criminal Justice for parole, to participate in the
10-24 release or transfer for parole process, to be notified, if
10-25 requested, of the person's release, escape, or transfer for parole
10-26 proceedings concerning the person, to provide to the Texas Youth
10-27 Commission for inclusion in the person's file information to be
11-1 considered by the commission before the release under supervision
11-2 or transfer for parole of the person, and to be notified, if
11-3 requested, of the person's release or transfer for parole;
11-4 (8) the right to be provided with a waiting area,
11-5 separate or secure from other witnesses, including the child
11-6 alleged to have committed the conduct and relatives of the child,
11-7 before testifying in any proceeding concerning the child, or, if a
11-8 separate waiting area is not available, other safeguards should be
11-9 taken to minimize the victim's contact with the child and the
11-10 child's relatives and witnesses, before and during court
11-11 proceedings;
11-12 (9) the right to prompt return of any property of the
11-13 victim that is held by a law enforcement agency or the attorney for
11-14 the state as evidence when the property is no longer required for
11-15 that purpose;
11-16 (10) the right to have the attorney for the state
11-17 notify the employer of the victim, if requested, of the necessity
11-18 of the victim's cooperation and testimony in a proceeding that may
11-19 necessitate the absence of the victim from work for good cause;
11-20 (11) the right to be present at all public court
11-21 proceedings related to the conduct of the child as provided by
11-22 Section 54.08, subject to that section; and
11-23 (12) any other right appropriate to the victim that a
11-24 victim of criminal conduct has under Article 56.02, Code of
11-25 Criminal Procedure.
11-26 (b) Before making a disposition in a case, the court shall
11-27 require the prosecuting attorney to state whether each victim of
12-1 the conduct, guardian of a victim, or close relative of a deceased
12-2 victim has been afforded, to the greatest extent practicable, the
12-3 rights granted under this section that are applicable to
12-4 proceedings occurring before disposition in a case.
12-5 (c) In notifying a victim of the release or escape of a
12-6 person, the Texas Youth Commission shall use the same procedure
12-7 established for the notification of the release or escape of an
12-8 adult offender under Article 56.11, Code of Criminal Procedure.
12-9 SECTION 11. Section 76.016, Government Code, is amended to
12-10 read as follows:
12-11 Sec. 76.016. Victim Notification. (a) A department, using
12-12 the name and address provided by the attorney representing the
12-13 state under Article 56.08(d), Code of Criminal Procedure, shall
12-14 immediately [make a reasonable effort to] notify a victim of the
12-15 defendant's crime or, if the victim has a guardian or is deceased,
12-16 [to] notify the guardian of the victim or close relative of the
12-17 deceased victim of:
12-18 (1) the fact that the defendant has been placed on
12-19 community supervision;
12-20 (2) the conditions of community supervision imposed on
12-21 the defendant by the court; and
12-22 (3) the date, time, and location of any hearing or
12-23 proceeding at which the conditions of the defendant's community
12-24 supervision may be modified or the defendant's placement on
12-25 community supervision may be revoked or terminated.
12-26 (b) [An attempt by the department to give notice to the
12-27 victim, the guardian of the victim, or a close relative of a
13-1 deceased victim at the victim's, the guardian of the victim's, or a
13-2 close relative of a deceased victim's last known telephone number
13-3 or address as shown on the records of the department constitutes a
13-4 reasonable attempt to give notice under this section.]
13-5 [(c)] In this section, "close relative of a deceased
13-6 victim," "guardian of a victim," and "victim" have the meanings
13-7 assigned by Article 56.01, Code of Criminal Procedure.
13-8 SECTION 12. Section 415.032(b), Government Code, is amended
13-9 to read as follows:
13-10 (b) In establishing requirements under this section, the
13-11 commission shall require courses and programs to provide training
13-12 in:
13-13 (1) the investigation and documentation of cases that
13-14 involve the following:
13-15 (A) child abuse;
13-16 (B) child neglect;
13-17 (C) family violence; and
13-18 (D) sexual assault; [and]
13-19 (2) issues concerning sex offender characteristics;
13-20 and
13-21 (3) crime victims' rights under Chapter 56, Code of
13-22 Criminal Procedure, and Chapter 57, Family Code, and the duty of
13-23 law enforcement agencies to ensure that a victim is afforded those
13-24 rights.
13-25 SECTION 13. Section 493.001, Government Code, is amended to
13-26 read as follows:
13-27 Sec. 493.001. Department Mission. The mission of the
14-1 department is to provide public safety, assist victims of crime,
14-2 promote positive change in offender behavior, and reintegrate
14-3 offenders into society.
14-4 SECTION 14. Subchapter B, Chapter 508, Government Code, is
14-5 amended by adding Section 508.0481 to read as follows:
14-6 Sec. 508.0481. VICTIM'S RIGHT TO REPRESENTATION. (a) If a
14-7 victim, close relative of a deceased victim, or guardian of a
14-8 victim is required by a subpoena issued under Section 508.048 to
14-9 appear at a hearing, the victim, relative, or guardian is entitled
14-10 to representation by counsel at the hearing.
14-11 (b) This section does not require the state to provide
14-12 representation by counsel to a victim, close relative of a deceased
14-13 victim, or guardian of a victim.
14-14 (c) In this section, "victim," "close relative of a deceased
14-15 victim," and "guardian of a victim" have the meanings assigned by
14-16 Section 508.117.
14-17 SECTION 15. Section 2008.053(a), Government Code, as added
14-18 by Chapter 934, Acts of the 75th Legislature, Regular Session,
14-19 1997, is amended to read as follows:
14-20 (a) A state agency may appoint a governmental officer or
14-21 employee or a private individual to serve as an impartial third
14-22 party in an alternative dispute resolution procedure. The agency's
14-23 appointment of the impartial third party is subject to the approval
14-24 of the parties, except that:
14-25 (1) when a State Office of Administrative Hearings
14-26 administrative law judge has issued an order referring a case to an
14-27 alternative dispute resolution procedure under Section
15-1 2003.042(a)(5) [2003.042(5)], the administrative law judge may
15-2 appoint the impartial third party for the parties if they cannot
15-3 agree on an impartial third party within a reasonable period; and
15-4 (2) if the procedure is a victim-offender mediation
15-5 described by Article 56.13, Code of Criminal Procedure, approval of
15-6 the parties is not required.
15-7 SECTION 16. (a) The change in law made by this Act applies
15-8 only to the rights of a victim of an offense committed or, for the
15-9 purposes of Title 3, Family Code, of conduct that occurs on or
15-10 after the effective date of this Act. An offense committed or
15-11 conduct that occurs before the effective date of this Act is
15-12 covered by the law in effect when the offense was committed or the
15-13 conduct occurred, and the former law is continued in effect for
15-14 that purpose.
15-15 (b) For purposes of this section, an offense was committed
15-16 before the effective date of this Act if every element of the
15-17 offense occurred before that date, and conduct violating a penal
15-18 law of this state occurred before the effective date of this Act if
15-19 every element of the violation occurred before that date.
15-20 SECTION 17. This Act takes effect September 1, 1999.
15-21 SECTION 18. The importance of this legislation and the
15-22 crowded condition of the calendars in both houses create an
15-23 emergency and an imperative public necessity that the
15-24 constitutional rule requiring bills to be read on three several
15-25 days in each house be suspended, and this rule is hereby suspended.