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.