77R10821 JMC-D                           
         By Gallego, Allen                                      H.B. No. 800
         Substitute the following for H.B. No. 800:
         By Hinojosa                                        C.S.H.B. No. 800
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the rights of victims of crime, the payment of
 1-3     restitution to victims, and the training of certain persons who
 1-4     deal with victims.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Article 26.13, Code of Criminal Procedure, is
 1-7     amended by adding Subsection (j) to read as follows:
 1-8           (j)  Before entering into a plea bargaining agreement with
 1-9     the defendant, the attorney representing the state shall consider
1-10     any victim impact statement regarding the offense that has been
1-11     returned to the attorney.
1-12           SECTION 2.  Article 42.037, Code of Criminal Procedure, is
1-13     amended by adding Subsection (o) to read as follows:
1-14           (o)  The pardons and paroles division of the Texas Department
1-15     of Criminal Justice may waive a supervision fee or an
1-16     administrative fee imposed on an inmate under Section 508.182,
1-17     Government Code, during any period in which the inmate is required
1-18     to pay restitution under this article.
1-19           SECTION 3.  Article 56.02, Code of Criminal Procedure, is
1-20     amended by amending Subsections (a) and (b) and adding Subsection
1-21     (e) to read as follows:
1-22           (a)  A victim, guardian of a victim, or close relative of a
1-23     deceased victim is entitled to the following rights within the
1-24     criminal justice system:
 2-1                 (1)  the right to receive from law enforcement agencies
 2-2     adequate protection from harm and threats of harm arising from
 2-3     cooperation with prosecution efforts;
 2-4                 (2)  the right to have the magistrate take the safety
 2-5     of the victim or the victim's [his] family into consideration as an
 2-6     element in fixing the amount of bail for the accused;
 2-7                 (3)  the right, if requested, to be informed of
 2-8     relevant court proceedings, including appellate proceedings, by the
 2-9     attorney representing the state and to be informed if those [court]
2-10     proceedings have been canceled or rescheduled prior to the event;
2-11                 (4)  the right to be informed, when requested, by a
2-12     peace officer concerning the defendant's right to bail and the
2-13     procedures in criminal investigations and by the district
2-14     attorney's office concerning the general procedures in the criminal
2-15     justice system, including general procedures in guilty plea
2-16     negotiations and arrangements, restitution, and the appeals and
2-17     parole process;
2-18                 (5)  the right to provide pertinent information to a
2-19     probation department conducting a presentencing investigation
2-20     concerning the impact of the offense on the victim and the victim's
2-21     [his] family by testimony, written statement, or any other manner
2-22     prior to any sentencing of the offender;
2-23                 (6)  the right to receive information regarding
2-24     compensation to victims of crime as provided by Subchapter B[,
2-25     Chapter 56], including information related to the costs that may be
2-26     compensated under that subchapter [Act] and the amount of
2-27     compensation, eligibility for compensation, and procedures for
 3-1     application for compensation under that subchapter [Act], the
 3-2     payment for a medical examination under Article 56.06 [of this
 3-3     code] for a victim of a sexual assault, and when requested, to
 3-4     referral to available social service agencies that may offer
 3-5     additional assistance;
 3-6                 (7)  the right to be informed, upon request, of parole
 3-7     procedures, to participate in the parole process, to be notified,
 3-8     if requested, of parole proceedings concerning a defendant in the
 3-9     victim's case, to provide to the Board of Pardons and Paroles for
3-10     inclusion in the defendant's file information to be considered by
3-11     the board prior to the parole of any defendant convicted of any
3-12     crime subject to this Act, and to be notified, if requested, of the
3-13     defendant's release;
3-14                 (8)  the right to be provided with a waiting area,
3-15     separate or secure from other witnesses, including the offender and
3-16     relatives of the offender, before testifying in any proceeding
3-17     concerning the offender;  if a separate waiting area is not
3-18     available, other safeguards should be taken to minimize the
3-19     victim's contact with the offender and the offender's relatives and
3-20     witnesses, before and during court proceedings;
3-21                 (9)  the right to prompt return of any property of the
3-22     victim that is held by a law enforcement agency or the attorney for
3-23     the state as evidence when the property is no longer required for
3-24     that purpose;
3-25                 (10)  the right to have the attorney for the state
3-26     notify the employer of the victim, if requested, of the necessity
3-27     of the victim's cooperation and testimony in a proceeding that may
 4-1     necessitate the absence of the victim from work for good cause;
 4-2     [and]
 4-3                 (11)  the right to counseling, on request, regarding
 4-4     acquired immune deficiency syndrome (AIDS) and human
 4-5     immunodeficiency virus (HIV) infection and testing for acquired
 4-6     immune deficiency syndrome (AIDS), human immunodeficiency virus
 4-7     (HIV) infection, antibodies to HIV, or infection with any other
 4-8     probable causative agent of AIDS, if the offense is an offense
 4-9     under Section 21.11(a)(1), 22.011, or 22.021, Penal Code;
4-10                 (12)  the right to request victim-offender mediation
4-11     coordinated by the victim services division of the Texas Department
4-12     of Criminal Justice; and
4-13                 (13)  the right to be informed of the uses of a victim
4-14     impact statement and the statement's purpose in the criminal
4-15     justice system, to complete the victim impact statement, and to
4-16     have the victim impact statement considered:
4-17                       (A)  by the attorney representing the state and
4-18     the judge before sentencing or before a plea bargain agreement is
4-19     accepted; and
4-20                       (B)  by the Board of Pardons and Paroles before
4-21     an inmate is released on parole.
4-22           (b)  A victim, guardian of a victim, or close relative of a
4-23     deceased victim is entitled to the right to be present at all
4-24     public court proceedings related to the offense, subject to the
4-25     approval of the judge in the case.
4-26           (e)  Before pronouncing sentence in a case, the court shall
4-27     require the attorney representing the state to state whether each
 5-1     victim, guardian of a victim, or close relative of a deceased
 5-2     victim has been afforded, to the greatest extent practicable, the
 5-3     rights granted by Subsection (a) that are applicable to procedures
 5-4     occurring before the pronouncement of sentence.  The statement
 5-5     required by this subsection must be made on the record unless a
 5-6     record is not made or the record is waived in the case.
 5-7           SECTION 4.  Article 56.03(e), Code of Criminal Procedure, is
 5-8     amended to read as follows:
 5-9           (e)  Prior to the imposition of a sentence by the court in a
5-10     criminal case, the court, if it has received a victim impact
5-11     statement, shall consider the information provided in the
5-12     statement.  Before sentencing the defendant, the court shall permit
5-13     the defendant or the defendant's [his] counsel a reasonable time to
5-14     read the statement, excluding the victim's name, address, and
5-15     telephone number, comment on the statement, and, with the approval
5-16     of the court, introduce testimony or other information alleging a
5-17     factual inaccuracy in the statement.  If the court sentences the
5-18     defendant to a term of community supervision [probation], the court
5-19     shall forward any victim's impact statement received in the case to
5-20     the community supervision and corrections [probation] department
5-21     supervising the defendant, along with the papers in the case.
5-22           SECTION 5.  Subchapter A, Chapter 56, Code of Criminal
5-23     Procedure, is amended by adding Article 56.045 to read as follows:
5-24           Art. 56.045.  RIGHT TO PRESENCE OF VICTIM ASSISTANCE
5-25     COORDINATOR, CRIME VICTIM ADVOCATE, OR OTHER REPRESENTATIVE.  (a)
5-26     Except as otherwise provided by this article, a victim of a sexual
5-27     assault may not be denied the opportunity to have the victim
 6-1     assistance coordinator, an advocate from a crime victim assistance
 6-2     program, or another representative of the victim's choice present
 6-3     with the victim at any medical examination conducted for the
 6-4     purpose of collecting evidence related to the investigation or
 6-5     prosecution of the offense.
 6-6           (b)  If the victim of a sexual assault is confined in a penal
 6-7     institution, as defined by Section 1.07, Penal Code, at the time a
 6-8     medical examination described by Subsection (a) is conducted, the
 6-9     penal institution shall permit the victim to choose one of the
6-10     following representatives provided by the institution to be present
6-11     with the victim at the examination:
6-12                 (1)  a sexual assault nurse examiner certified in
6-13     accordance with Section 420.011(c), Government Code; or
6-14                 (2)  a psychologist, sociologist, chaplain, case
6-15     manager, or approved volunteer trained in accordance with Section
6-16     420.011(b), Government Code.
6-17           SECTION 6.  Article 56.08, Code of Criminal Procedure, is
6-18     amended by adding Subsections (e) and (f) to read as follows:
6-19           (e)  The attorney representing the state shall include in the
6-20     brief general statement required by Subsection (a)(1) an
6-21     explanation that:
6-22                 (1)  before entering into a plea bargaining agreement,
6-23     the attorney representing the state is required to consider any
6-24     victim impact statement regarding the offense that has been
6-25     returned to the attorney; and
6-26                 (2)  before accepting a plea of guilty or nolo
6-27     contendere, the court is required to:
 7-1                       (A)  inquire as to whether a victim impact
 7-2     statement has been returned to the attorney representing the state;
 7-3     and
 7-4                       (B)  if a statement has been returned, obtain a
 7-5     copy of the statement.
 7-6           (f)  Before pronouncing sentence in a case, the court shall
 7-7     require the attorney representing the state to state whether each
 7-8     victim, guardian of a victim, or close relative of a deceased
 7-9     victim has been provided the notice required by this article. The
7-10     statement required by this subsection must be made on the record
7-11     unless a record is not made or the record is waived in the case.
7-12           SECTION 7.  Article 56.12, Code of Criminal Procedure, is
7-13     amended to read as follows:
7-14           Art. 56.12.  NOTIFICATION OF ESCAPE OR TRANSFER. (a)  If the
7-15     victim of an offense, the victim's guardian, or the victim's close
7-16     relative, if the victim is deceased, has notified the institutional
7-17     division of the Texas Department of Criminal Justice as provided by
7-18     Subsection (b) of this article, the institutional division [The
7-19     Texas Department of Criminal Justice] shall:
7-20                 (1)  immediately [make a reasonable attempt to] notify
7-21     the victim [of an offense], the victim's guardian, or the victim's
7-22     close relative[, if the victim is deceased,] whenever the offender
7-23     escapes from a facility operated by the institutional division; and
7-24                 (2)  notify the victim, the victim's guardian, or the
7-25     victim's close relative whenever the offender is transferred from
7-26     the custody of the institutional division to the custody of a peace
7-27     officer under a writ of attachment or a bench warrant not later
 8-1     than the third day after the date the offender is transferred, but
 8-2     only if the offender remains out of the custody of the division at
 8-3     the time the notification of transfer is prepared [of the Texas
 8-4     Department of Criminal Justice, if the victim, victim's guardian,
 8-5     or victim's close relative has notified the institutional division
 8-6     as provided by Subsection (b) of this article.  An attempt by the
 8-7     Texas Department of Criminal Justice to give notice to the victim,
 8-8     the guardian of the victim, or a close relative of a deceased
 8-9     victim at the victim's, the guardian of the victim's, or a close
8-10     relative of a deceased victim's last known telephone number or
8-11     address as shown on the records of the department constitutes a
8-12     reasonable attempt to give notice under this subsection].
8-13           (b)  It is the responsibility of the victim, guardian, or
8-14     close relative desiring notification of an offender's escape or
8-15     transfer from custody under a writ of attachment or bench warrant
8-16     to notify the institutional division of the Texas Department of
8-17     Criminal Justice of the desire for notification and any change of
8-18     address.
8-19           (c)  In providing notice under Subsection (a)(2),  the
8-20     institutional division shall include the name, address, and
8-21     telephone number of the peace officer receiving the inmate into
8-22     custody.  On returning the inmate to the custody of the
8-23     institutional division, the victim services division of the Texas
8-24     Department of Criminal Justice shall notify the victim, the
8-25     victim's guardian, or the victim's close relative if the victim is
8-26     deceased, of that fact.
8-27           SECTION 8.  Subchapter A, Chapter 56, Code of Criminal
 9-1     Procedure, is amended by adding Articles 56.13 and 56.14 to read as
 9-2     follows:
 9-3           Art. 56.13.  VICTIM-OFFENDER MEDIATION.  The victim services
 9-4     division of the Texas Department of Criminal Justice shall:
 9-5                 (1)  train volunteers to act as mediators between
 9-6     victims, guardians of victims, and close relatives of deceased
 9-7     victims and offenders whose criminal conduct caused bodily injury
 9-8     to or the death of victims; and
 9-9                 (2)  provide mediation services through referral of a
9-10     trained volunteer, if requested by a victim, guardian of a victim,
9-11     or close relative of a deceased victim.
9-12           Art. 56.14.  CLEARINGHOUSE  ANNUAL CONFERENCE.  (a)  The
9-13     Texas Crime Victim Clearinghouse may conduct an annual conference
9-14     to provide to participants in the criminal justice system training
9-15     containing information on crime victims' rights.
9-16           (b)  The clearinghouse may charge fees to persons attending
9-17     the conference described by Subsection (a).
9-18           SECTION 9.  Section 154.023(a), Civil Practice and Remedies
9-19     Code, is amended to read as follows:
9-20           (a)  Mediation is a forum in which an impartial person, the
9-21     mediator, facilitates communication between parties to promote
9-22     reconciliation, settlement, or understanding among them.  Mediation
9-23     includes victim-offender mediation described by Article 56.13, Code
9-24     of Criminal Procedure.
9-25           SECTION 10.  Section 57.002, Family Code, is amended to read
9-26     as follows:
9-27           Sec. 57.002.  VICTIM'S RIGHTS.  (a)  A victim, guardian of a
 10-1    victim, or close relative of a deceased victim is entitled to the
 10-2    following rights within the juvenile justice system:
 10-3                (1)  the right to receive from law enforcement agencies
 10-4    adequate protection from harm and threats of harm arising from
 10-5    cooperation with prosecution efforts;
 10-6                (2)  the right to have the court or person appointed by
 10-7    the court take the safety of the victim or the victim's family into
 10-8    consideration as an element in determining whether the child should
 10-9    be detained before the child's conduct is adjudicated;
10-10                (3)  the right, if requested, to be informed of
10-11    relevant court proceedings, including appellate proceedings, and to
10-12    be informed in a timely manner if those court proceedings have been
10-13    canceled or rescheduled;
10-14                (4)  the right to be informed, when requested, by the
10-15    court or a person appointed by the court concerning the procedures
10-16    in the juvenile justice system, including general procedures
10-17    relating to:
10-18                      (A)  the preliminary investigation and deferred
10-19    prosecution of a case; and
10-20                      (B)  the appeal of the case;
10-21                (5)  the right to provide pertinent information to a
10-22    juvenile court conducting a disposition hearing concerning the
10-23    impact of the offense on the victim and the victim's family by
10-24    testimony, written statement, or any other manner before the court
10-25    renders its disposition;
10-26                (6)  the right to receive information regarding
10-27    compensation to victims as provided by Subchapter B, Chapter 56,
 11-1    Code of Criminal Procedure, including information related to the
 11-2    costs that may be compensated under that subchapter [Act] and the
 11-3    amount of compensation, eligibility for compensation, and
 11-4    procedures for application for compensation under that subchapter
 11-5    [Act], the payment of medical expenses under Section 56.06, Code of
 11-6    Criminal Procedure, for a victim of a sexual assault, and when
 11-7    requested, to referral to available social service agencies that
 11-8    may offer additional assistance;
 11-9                (7)  the right to be informed, upon request, of
11-10    procedures for release under supervision or transfer of the person
11-11    to the custody of the pardons and paroles division of the Texas
11-12    Department of Criminal Justice for parole, to participate in the
11-13    release or transfer for parole process, to be notified, if
11-14    requested, of the person's release, escape, or transfer for parole
11-15    proceedings concerning the person, to provide to the Texas Youth
11-16    Commission for inclusion in the person's file information to be
11-17    considered by the commission before the release under supervision
11-18    or transfer for parole of the person, and to be notified, if
11-19    requested, of the person's release or transfer for parole;
11-20                (8)  the right to be provided with a waiting area,
11-21    separate or secure from other witnesses, including the child
11-22    alleged to have committed the conduct and relatives of the child,
11-23    before testifying in any proceeding concerning the child, or, if a
11-24    separate waiting area is not available, other safeguards should be
11-25    taken to minimize the victim's contact with the child and the
11-26    child's relatives and witnesses, before and during court
11-27    proceedings;
 12-1                (9)  the right to prompt return of any property of the
 12-2    victim that is held by a law enforcement agency or the attorney for
 12-3    the state as evidence when the property is no longer required for
 12-4    that purpose;
 12-5                (10)  the right to have the attorney for the state
 12-6    notify the employer of the victim, if requested, of the necessity
 12-7    of the victim's cooperation and testimony in a proceeding that may
 12-8    necessitate the absence of the victim from work for good cause;
 12-9                (11)  the right to be present at all public court
12-10    proceedings related to the conduct of the child as provided by
12-11    Section 54.08, subject to that section; and
12-12                (12)  any other right appropriate to the victim that a
12-13    victim of criminal conduct has under Article 56.02, Code of
12-14    Criminal Procedure.
12-15          (b)  Before making a disposition in a case, the court shall
12-16    require the prosecuting attorney to state whether  each victim of
12-17    the conduct, guardian of a victim, or close relative of a deceased
12-18    victim has been afforded, to the greatest extent practicable, the
12-19    rights granted under this section that are applicable to
12-20    proceedings occurring  before disposition in a case.
12-21          (c)  In notifying a victim of the release or escape of a
12-22    person, the Texas Youth Commission shall use the same procedure
12-23    established for the notification of the release or escape of an
12-24    adult offender under Article 56.11, Code of Criminal Procedure.
12-25          SECTION 11.  Section 76.016, Government Code, is amended to
12-26    read as follows:
12-27          Sec. 76.016.  VICTIM NOTIFICATION.  (a)  A department, using
 13-1    the name and address provided by the attorney representing the
 13-2    state under Article 56.08(d), Code of Criminal Procedure, shall
 13-3    immediately [make a reasonable effort to] notify a victim of the
 13-4    defendant's crime or, if the victim has a guardian or is deceased,
 13-5    [to] notify the guardian of the victim or close relative of the
 13-6    deceased victim of:
 13-7                (1)  the fact that the defendant has been placed on
 13-8    community supervision;
 13-9                (2)  the conditions of community supervision imposed on
13-10    the defendant by the court; and
13-11                (3)  the date, time, and location of any hearing or
13-12    proceeding at which the conditions of the defendant's community
13-13    supervision may be modified or the defendant's placement on
13-14    community supervision may be revoked or terminated.
13-15          (b)  [An attempt by the department to give notice to the
13-16    victim, the guardian of the victim, or a close relative of a
13-17    deceased victim at the victim's, the guardian of the victim's, or a
13-18    close relative of a deceased victim's last known telephone number
13-19    or address as shown on the records of the department constitutes a
13-20    reasonable attempt to give notice under this section.]
13-21          [(c)]  In this section, "close relative of a deceased
13-22    victim," "guardian of a victim," and "victim" have the meanings
13-23    assigned by Article 56.01, Code of Criminal Procedure.
13-24          SECTION 12.  Subchapter  B, Chapter 508, Government Code, is
13-25    amended by adding Section 508.0481 to read as follows:
13-26          Sec. 508.0481.  VICTIM'S RIGHT TO REPRESENTATION.  (a)  If a
13-27    victim, close relative of a deceased victim, or guardian of a
 14-1    victim is required by a subpoena issued under Section 508.048 to
 14-2    appear at a hearing, the victim, relative, or guardian is entitled
 14-3    to representation by counsel at the hearing.
 14-4          (b)  This section does not require the state to provide
 14-5    representation by counsel to a victim, close relative of a deceased
 14-6    victim, or guardian of a victim.
 14-7          (c)  In this section, "victim," "close relative of a deceased
 14-8    victim," and "guardian of a victim" have the meanings assigned by
 14-9    Section 508.117.
14-10          SECTION 13.  Section 1701.253(b), Occupations Code, is
14-11    amended to read as follows:
14-12          (b)  In establishing requirements under this section, the
14-13    commission shall require courses and programs to provide training
14-14    in:
14-15                (1)  the investigation and documentation of cases that
14-16    involve:
14-17                      (A)  child abuse or neglect;
14-18                      (B)  family violence; and
14-19                      (C)  sexual assault; [and]
14-20                (2)  issues concerning sex offender characteristics;
14-21    and
14-22                (3)  crime victims' rights under Chapter 56, Code of
14-23    Criminal Procedure, and Chapter 57, Family Code, and the duty of
14-24    law enforcement agencies to ensure that a victim is afforded those
14-25    rights.
14-26          SECTION 14.  (a)  Except as provided by Subsection (b) of
14-27    this section, the change in law made by this Act applies only to
 15-1    the rights of a victim of an offense committed or, for the purposes
 15-2    of Title 3,  Family Code, of conduct that occurs on or after the
 15-3    effective date of this Act.  An offense committed or conduct that
 15-4    occurs before  the effective date of this Act is covered by the law
 15-5    in effect when the offense was committed or the conduct occurred,
 15-6    and the former law is continued in effect for that purpose.  For
 15-7    purposes of this subsection, an offense was committed before the
 15-8    effective date of  this Act if every element of the offense
 15-9    occurred before that date, and conduct violating a penal law of
15-10    this state occurred before the effective date of this Act if every
15-11    element of the violation occurred before that date.
15-12          (b)  Section 154.023(a), Civil Practice and Remedies Code, as
15-13    amended by this Act, applies to a victim-offender mediation
15-14    procedure provided by the Texas Department of Criminal Justice
15-15    before, on, or after the effective date of this Act.
15-16          SECTION 15.  The Commission on Law Enforcement Officer
15-17    Standards and Education shall establish the new courses and
15-18    programs required under Section 1701.253(b)(3), Government Code, as
15-19    added by this Act, not later than January 1, 2002.
15-20          SECTION 16.  This Act takes effect September 1, 2001.