By Gallego                                            H.B. No. 3765
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the rights of crime victims in criminal and juvenile
 1-3     justice proceedings.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 56.02, Code of Criminal Procedure, is
 1-6     amended by adding Subsection (e) to read as follows:
 1-7           (e)  When a plea is taken and sentence is pronounced, the
 1-8     court shall ask the attorney for the state whether the victim, the
 1-9     guardian of a victim, or the close relative of a deceased victim
1-10     has been afforded all rights prescribed by this article.
1-11           SECTION 2.  Article 56.08, Code of Criminal Procedure, is
1-12     amended by adding Subsections (e) and (f) to read as follows:
1-13           (e)  The brief general statement describing the plea
1-14     bargaining stage in a criminal trial required by Subsection (a)(1)
1-15     must include the following statements:
1-16                 (1)  that the victim impact statement provided by the
1-17     victim, guardian of a victim, or close relative of a deceased
1-18     victim will be considered by the attorney representing the state in
1-19     entering into the plea bargain agreement; and
1-20                 (2)  that the judge before accepting the plea bargain
1-21     is required under Section 26.13(e) to ask:
 2-1                       (A)  whether a victim impact statement has been
 2-2     returned to the attorney; and
 2-3                       (B)  if a statement has been returned, for a copy
 2-4     of the statement.
 2-5           (f)  When a plea is taken and sentence is pronounced, the
 2-6     court shall ask the attorney for the state whether the victim, the
 2-7     guardian of a victim, or the close relative of a deceased victim
 2-8     has been afforded all rights prescribed by this article.
 2-9           SECTION 3.  Section 57.002, Family Code, is amended by adding
2-10     Subsection (b) to read as follows:
2-11           (b)  When the answer to a petition is taken at an
2-12     adjudication hearing and when a disposition is made, the court
2-13     shall ask the attorney for the state whether the victim, the
2-14     guardian of a victim, or the close relative of a deceased victim
2-15     has been afforded all rights prescribed by this section.
2-16           SECTION 4.  (a)  The changes in law made in Sections 1 and 2
2-17     of this Act apply only to a criminal offense committed or a
2-18     violation that occurs on or after the effective date of this Act.
2-19     For the purposes of this Act, a criminal offense is committed or a
2-20     violation occurs before the effective date of this Act if any
2-21     element of the offense or violation occurs before that date.
2-22           (b)  A criminal offense committed or violation that occurs
2-23     before the effective date of this Act is covered by the law in
2-24     effect when the criminal offense was committed or the violation
2-25     occurred, and the former law is continued in effect for this
 3-1     purpose.
 3-2           SECTION 5.  (a)  The change in law made by Section 3 of this
 3-3     Act applies only to conduct that occurs on after the effective date
 3-4     of this Act.  Conduct violating a penal law of the state that
 3-5     occurs on or after the effective date of this Act if every element
 3-6     of the violation occurs on or after that date.
 3-7           (b)  Conduct that occurs before the effective date of this
 3-8     Act is covered by the law in effect at the time the conduct
 3-9     occurred, and the former law is continued in effect for that
3-10     purpose.
3-11           SECTION 6.  This Act takes effect September 1, 1999.
3-12           SECTION 7.  The importance of this legislation and the
3-13     crowded condition of the calendars in both houses create an
3-14     emergency and an imperative public necessity that the
3-15     constitutional rule requiring bills to be read on three several
3-16     days in each house be suspended, and this rule is hereby suspended.