HBA-SEP H.B. 1572 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1572
By: Haggerty
Criminal Jurisprudence
7/19/2001
Enrolled



BACKGROUND AND PURPOSE 

Current law provides that communications made by a participant in an
alternative dispute resolution procedure are confidential.  However, prior
to the 77th Legislature, victim offender mediation dialogue was not
considered mediation for the purposes of confidentiality, although both the
victim and the offender participating in such dialogue might have preferred
that their remarks not be made public.  House Bill 1572 provides that
mediation includes victim offender mediation dialogue, and thereby extends
confidentiality to the dialogue.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1572 amends the Civil Practice and Remedies Code to include
victim-offender mediation by TDCJ as a form of mediation and provides that
confidentiality of certain records and communications apply (Secs.  154.023
and 154.073). 

The bill amends the Government Code to provide that a victim, relative, or
guardian is entitled to representation by counsel at a hearing if a victim,
relative, or guardian is required by a subpoena issued by a parole board to
appear at the hearing but does not require the state to provide the counsel
(Sec. 508.0481).  The bill provides that the governmental body's
appointment of an impartial third party to serve in an alternative dispute
resolution procedure is not subject to approval for a victim-offender
mediation by TDCJ (Sec. 2009.053). 

The bill requires the victim services division of TDCJ to  train volunteers
to act as mediators and to provide mediation services through a referral
system.  The bill authorizes the Texas Crime Victim Clearinghouse to
conduct and charge fees for an annual conference to provide to participants
in the criminal justice system training containing information on crime
victims' rights (Secs. 56.13 and 56.14).   

The bill amends the Code of Criminal Procedure to authorize the pardons and
paroles division to waive a parole supervision fee or an administrative fee
during any period in which the inmate is required to pay restitution to the
victim of the offense (Sec. 42.037).   

The bill specifies that a victim, guardian of a victim, or a deceased
victim's close relative has the right, on request, to be informed by the
attorney representing the state of relevant court proceedings including
appellate proceedings, and informed by an appellate court of decisions of
the court after the decisions are entered but before the decisions are made
public.  The bill also provides that a victim, relative, or guardian has
the right to request victim-offender mediation coordinated by the victim
services division of the Texas Department of Criminal Justice (TDJC), to be
informed of the uses and purposes of a victim impact statement, to complete
the victim impact statement, and to have the victim impact statement
considered by the attorney representing the state and the judge before
sentencing or before a plea bargain agreement is  accepted and by the Board
of Pardons and Paroles before an inmate is released on parole.  The bill
entitles a guardian of a victim and a close relative to the right to be
present at all public court proceedings relating to the offense, subject to
approval of the judge in the case (Sec. 56.02). 

The bill provides that the victim's name, address, and telephone number be
excluded from a victim impact statement given to the defendant or the
victim's counsel (Sec. 56.03).  The bill requires the attorney representing
the state, in the statement describing the plea bargaining stage in a
criminal trial to a victim, to include that the victim impact statement
will be considered by the attorney representing the state in entering into
a plea bargain agreement, and that the judge, before accepting a plea
bargain, is required to ask whether a victim impact statement has been
returned to the attorney and if so, for a copy of the statement (Sec.
56.08).  

The bill sets forth provisions relating to the immediate notification of a
victim, relative, or guardian of the transfer of an offender from the
custody of the institutional division to the custody of a police officer
under a writ of attachment or a bench warrant (Sec. 56.12).  

The bill amends the Occupations Code to require the Commission on Law
Enforcement Officer Standards and Education, in establishing minimum
curriculum requirements for programs and courses in schools training
officers and county jailers, to require courses and programs that provide
training in crime victims' rights and the duty of law enforcement agencies
to ensure that a victim is afforded those rights (Sec. 1701.253).      

The office of the attorney general (attorney general) is required to
complete its pilot project regarding a computer network victim notification
system in consultation with the office of court administration and the TDCJ
by January 1, 2002, or as soon as practicable.    The attorney general is
required to continue to provide funding for continuation of the operation
of the project in the counties compromising the pilot project until the
system is operational in these counties.  The attorney general is
authorized to contract with the office of court administration or TDCJ, or
both, to implement a computer network victim notification system which is
required to begin no later than June 1, 2002, according to a written
schedule developed by the implementing agency or agencies (SECTION 16).   

EFFECTIVE DATE

September 1, 2001.