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.