76R9889 JMC-D                           
         By Gallego                                            H.B. No. 3765
         Substitute the following for H.B. No. 3765:
         By Nixon                                          C.S.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 56.02, Code of Criminal Procedure, is
1-12     amended by adding Subsection (e) to read as follows:
1-13           (e)  Before pronouncing sentence in a case, the court shall
1-14     require the attorney representing the state to state on the record
1-15     whether each victim, guardian of a victim, or close relative of a
1-16     deceased victim has been afforded the rights granted by Subsection
1-17     (a) of this article that are applicable to procedures occurring
1-18     before the pronouncement of sentence.
1-19           SECTION 3.  Article 56.08, Code of Criminal Procedure, is
1-20     amended by adding Subsections (e) and (f) to read as follows:
1-21           (e)  The attorney representing the state shall include in the
1-22     brief general statement required by Subsection (a)(1) an
1-23     explanation that:
1-24                 (1)  before entering into a plea bargaining agreement,
 2-1     the attorney representing the state is required to consider any
 2-2     victim impact statement regarding the offense that has been
 2-3     returned to the attorney; and
 2-4                 (2)  before accepting a plea of guilty or nolo
 2-5     contendere, the court is required to:
 2-6                       (A)  inquire as to whether a victim impact
 2-7     statement has been returned to the attorney representing the state;
 2-8     and
 2-9                       (B)  if a statement has been returned, obtain a
2-10     copy of the statement.
2-11           (f)  Before pronouncing sentence in a case, the court shall
2-12     require the attorney representing the state to state on the record
2-13     whether each victim, guardian of a victim, or close relative of a
2-14     deceased victim has been provided the notice required by this
2-15     article.
2-16           SECTION 4.  Section 57.002, Family Code, is amended to read
2-17     as follows:
2-18           Sec. 57.002.  VICTIM'S RIGHTS.  (a)  A victim, guardian of a
2-19     victim, or close relative of a deceased victim is entitled to the
2-20     following rights within the juvenile justice system:
2-21                 (1)  the right to receive from law enforcement agencies
2-22     adequate protection from harm and threats of harm arising from
2-23     cooperation with prosecution efforts;
2-24                 (2)  the right to have the court or person appointed by
2-25     the court take the safety of the victim or the victim's family into
2-26     consideration as an element in determining whether the child should
2-27     be detained before the child's conduct is adjudicated;
 3-1                 (3)  the right, if requested, to be informed of
 3-2     relevant court proceedings, including appellate proceedings, and to
 3-3     be informed in a timely manner if those court proceedings have been
 3-4     canceled or rescheduled;
 3-5                 (4)  the right to be informed, when requested, by the
 3-6     court or a person appointed by the court concerning the procedures
 3-7     in the juvenile justice system, including general procedures
 3-8     relating to:
 3-9                       (A)  the preliminary investigation and deferred
3-10     prosecution of a case; and
3-11                       (B)  the appeal of the case;
3-12                 (5)  the right to provide pertinent information to a
3-13     juvenile court conducting a disposition hearing concerning the
3-14     impact of the offense on the victim and the victim's family by
3-15     testimony, written statement, or any other manner before the court
3-16     renders its disposition;
3-17                 (6)  the right to receive information regarding
3-18     compensation to victims as provided by Subchapter B, Chapter 56,
3-19     Code of Criminal Procedure, including information related to the
3-20     costs that may be compensated under that Act and the amount of
3-21     compensation, eligibility for compensation, and procedures for
3-22     application for compensation under that Act, the payment of medical
3-23     expenses under Section 56.06, Code of Criminal Procedure, for a
3-24     victim of a sexual assault, and when requested, to referral to
3-25     available social service agencies that may offer additional
3-26     assistance;
3-27                 (7)  the right to be informed, upon request, of
 4-1     procedures for release under supervision or transfer of the person
 4-2     to the custody of the pardons and paroles division of the Texas
 4-3     Department of Criminal Justice for parole, to participate in the
 4-4     release or transfer for parole process, to be notified, if
 4-5     requested, of release or transfer for parole proceedings concerning
 4-6     the person, to provide to the Texas Youth Commission for inclusion
 4-7     in the person's file information to be considered by the commission
 4-8     before the release under supervision or transfer for parole of the
 4-9     person, and to be notified, if requested, of the person's release
4-10     or transfer for parole;
4-11                 (8)  the right to be provided with a waiting area,
4-12     separate or secure from other witnesses, including the child
4-13     alleged to have committed the conduct and relatives of the child,
4-14     before testifying in any proceeding concerning the child, or, if a
4-15     separate waiting area is not available, other safeguards should be
4-16     taken to minimize the victim's contact with the child and the
4-17     child's relatives and witnesses, before and during court
4-18     proceedings;
4-19                 (9)  the right to prompt return of any property of the
4-20     victim that is held by a law enforcement agency or the attorney for
4-21     the state as evidence when the property is no longer required for
4-22     that purpose;
4-23                 (10)  the right to have the attorney for the state
4-24     notify the employer of the victim, if requested, of the necessity
4-25     of the victim's cooperation and testimony in a proceeding that may
4-26     necessitate the absence of the victim from work for good cause;
4-27                 (11)  the right to be present at all public court
 5-1     proceedings related to the conduct of the child as provided by
 5-2     Section 54.08, subject to that section; and
 5-3                 (12)  any other right appropriate to the victim that a
 5-4     victim of criminal conduct has under Article 56.02, Code of
 5-5     Criminal Procedure.
 5-6           (b)  Before making a disposition in a case, the court shall
 5-7     require the prosecuting attorney to state whether each victim of
 5-8     the conduct, guardian of a victim, or close relative of a deceased
 5-9     victim has been afforded the rights granted under this section that
5-10     are applicable to proceedings occurring before disposition in a
5-11     case.
5-12           SECTION 5.  (a)  The change in law made by this Act applies
5-13     only to the rights of a victim of an offense committed or, for the
5-14     purposes of Title 3, Family Code, of conduct that occurs on or
5-15     after the effective date of this Act.  An offense committed or
5-16     conduct that occurs before the effective date of this Act is
5-17     covered by the law in effect when the offense was committed or the
5-18     conduct occurred, and the former law is continued in effect for
5-19     that purpose.
5-20           (b)  For purposes of this section, an offense was committed
5-21     before the effective date of this Act if every element of the
5-22     offense occurred before that date, and conduct violating a penal
5-23     law of this state occurred before the effective date of this Act if
5-24     every element of the violation occurred before that date.
5-25           SECTION 6.  This Act takes effect September 1, 1999.
5-26           SECTION 7.  The importance of this legislation and the
5-27     crowded condition of the calendars in both houses create an
 6-1     emergency and an imperative public necessity that the
 6-2     constitutional rule requiring bills to be read on three several
 6-3     days in each house be suspended, and this rule is hereby suspended.