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.