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.