By Gallego H.B. No. 800
77R4635 JMC-D
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 victim of a sexual assault may not be denied the opportunity to
5-27 have the victim assistance coordinator, an advocate from a crime
6-1 victim assistance program, or another representative of the
6-2 victim's choice present with the victim at any medical examination
6-3 conducted for the purpose of collecting evidence related to the
6-4 investigation or prosecution of the offense.
6-5 SECTION 6. Article 56.08, Code of Criminal Procedure, is
6-6 amended by adding Subsections (e) and (f) to read as follows:
6-7 (e) The attorney representing the state shall include in the
6-8 brief general statement required by Subsection (a)(1) an
6-9 explanation that:
6-10 (1) before entering into a plea bargaining agreement,
6-11 the attorney representing the state is required to consider any
6-12 victim impact statement regarding the offense that has been
6-13 returned to the attorney; and
6-14 (2) before accepting a plea of guilty or nolo
6-15 contendere, the court is required to:
6-16 (A) inquire as to whether a victim impact
6-17 statement has been returned to the attorney representing the state;
6-18 and
6-19 (B) if a statement has been returned, obtain a
6-20 copy of the statement.
6-21 (f) Before pronouncing sentence in a case, the court shall
6-22 require the attorney representing the state to state whether each
6-23 victim, guardian of a victim, or close relative of a deceased
6-24 victim has been provided the notice required by this article. The
6-25 statement required by this subsection must be made on the record
6-26 unless a record is not made or the record is waived in the case.
6-27 SECTION 7. Article 56.12, Code of Criminal Procedure, is
7-1 amended to read as follows:
7-2 Art. 56.12. NOTIFICATION OF ESCAPE OR TRANSFER. (a) The
7-3 Texas Department of Criminal Justice shall immediately [make a
7-4 reasonable attempt to] notify the victim of an offense, the
7-5 victim's guardian, or the victim's close relative, if the victim is
7-6 deceased[, whenever the offender escapes from a facility operated
7-7 by the institutional division of the Texas Department of Criminal
7-8 Justice], if the victim, victim's guardian, or victim's close
7-9 relative has notified the institutional division as provided by
7-10 Subsection (b) of this article, whenever the offender:
7-11 (1) escapes from a facility operated by the
7-12 institutional division; or
7-13 (2) is transferred from the custody of the
7-14 institutional division to the custody of a peace officer under a
7-15 writ of attachment or a bench warrant and the offender is out of
7-16 the custody of the institutional division for at least 48 hours.
7-17 [An attempt by the Texas Department of Criminal Justice to give
7-18 notice to the victim, the guardian of the victim, or a close
7-19 relative of a deceased victim at the victim's, the guardian of the
7-20 victim's, or a close relative of a deceased victim's last known
7-21 telephone number or address as shown on the records of the
7-22 department constitutes a reasonable attempt to give notice under
7-23 this subsection.]
7-24 (b) It is the responsibility of the victim, guardian, or
7-25 close relative desiring notification of an offender's escape or
7-26 transfer from custody under a writ of attachment or bench warrant
7-27 to notify the Texas Department of Criminal Justice of the desire
8-1 for notification and any change of address.
8-2 (c) In providing notice under Subsection (a)(2), the
8-3 institutional division shall include the name, address, and
8-4 telephone number of the peace officer receiving the inmate into
8-5 custody. On returning the inmate to the custody of the
8-6 institutional division, the victim services division of the Texas
8-7 Department of Criminal Justice shall notify the victim, the
8-8 victim's guardian, or the victim's close relative if the victim is
8-9 deceased, of that fact.
8-10 SECTION 8. Subchapter A, Chapter 56, Code of Criminal
8-11 Procedure, is amended by adding Articles 56.13 and 56.14 to read as
8-12 follows:
8-13 Art. 56.13. VICTIM-OFFENDER MEDIATION. The victim services
8-14 division of the Texas Department of Criminal Justice shall:
8-15 (1) train volunteers to act as mediators between
8-16 victims, guardians of victims, and close relatives of deceased
8-17 victims and offenders whose criminal conduct caused bodily injury
8-18 or death to victims; and
8-19 (2) provide mediation services through referral of a
8-20 trained volunteer, if requested by a victim, guardian of a victim,
8-21 or close relative of a deceased victim.
8-22 Art. 56.14. CLEARINGHOUSE ANNUAL CONFERENCE. (a) The
8-23 Texas Crime Victim Clearinghouse may conduct an annual conference
8-24 to provide to participants in the criminal justice system training
8-25 containing information on crime victims' rights.
8-26 (b) The clearinghouse may charge fees to persons attending
8-27 the conference described by Subsection (a).
9-1 SECTION 9. Section 154.023(a), Civil Practice and Remedies
9-2 Code, is amended to read as follows:
9-3 (a) Mediation is a forum in which an impartial person, the
9-4 mediator, facilitates communication between parties to promote
9-5 reconciliation, settlement, or understanding among them. Mediation
9-6 includes victim-offender mediation described by Article 56.13, Code
9-7 of Criminal Procedure.
9-8 SECTION 10. Section 57.002, Family Code, is amended to read
9-9 as follows:
9-10 Sec. 57.002. VICTIM'S RIGHTS. (a) A victim, guardian of a
9-11 victim, or close relative of a deceased victim is entitled to the
9-12 following rights within the juvenile justice system:
9-13 (1) the right to receive from law enforcement agencies
9-14 adequate protection from harm and threats of harm arising from
9-15 cooperation with prosecution efforts;
9-16 (2) the right to have the court or person appointed by
9-17 the court take the safety of the victim or the victim's family into
9-18 consideration as an element in determining whether the child should
9-19 be detained before the child's conduct is adjudicated;
9-20 (3) the right, if requested, to be informed of
9-21 relevant court proceedings, including appellate proceedings, and to
9-22 be informed in a timely manner if those court proceedings have been
9-23 canceled or rescheduled;
9-24 (4) the right to be informed, when requested, by the
9-25 court or a person appointed by the court concerning the procedures
9-26 in the juvenile justice system, including general procedures
9-27 relating to:
10-1 (A) the preliminary investigation and deferred
10-2 prosecution of a case; and
10-3 (B) the appeal of the case;
10-4 (5) the right to provide pertinent information to a
10-5 juvenile court conducting a disposition hearing concerning the
10-6 impact of the offense on the victim and the victim's family by
10-7 testimony, written statement, or any other manner before the court
10-8 renders its disposition;
10-9 (6) the right to receive information regarding
10-10 compensation to victims as provided by Subchapter B, Chapter 56,
10-11 Code of Criminal Procedure, including information related to the
10-12 costs that may be compensated under that subchapter [Act] and the
10-13 amount of compensation, eligibility for compensation, and
10-14 procedures for application for compensation under that subchapter
10-15 [Act], the payment of medical expenses under Section 56.06, Code of
10-16 Criminal Procedure, for a victim of a sexual assault, and when
10-17 requested, to referral to available social service agencies that
10-18 may offer additional assistance;
10-19 (7) the right to be informed, upon request, of
10-20 procedures for release under supervision or transfer of the person
10-21 to the custody of the pardons and paroles division of the Texas
10-22 Department of Criminal Justice for parole, to participate in the
10-23 release or transfer for parole process, to be notified, if
10-24 requested, of the person's release, escape, or transfer for parole
10-25 proceedings concerning the person, to provide to the Texas Youth
10-26 Commission for inclusion in the person's file information to be
10-27 considered by the commission before the release under supervision
11-1 or transfer for parole of the person, and to be notified, if
11-2 requested, of the person's release or transfer for parole;
11-3 (8) the right to be provided with a waiting area,
11-4 separate or secure from other witnesses, including the child
11-5 alleged to have committed the conduct and relatives of the child,
11-6 before testifying in any proceeding concerning the child, or, if a
11-7 separate waiting area is not available, other safeguards should be
11-8 taken to minimize the victim's contact with the child and the
11-9 child's relatives and witnesses, before and during court
11-10 proceedings;
11-11 (9) the right to prompt return of any property of the
11-12 victim that is held by a law enforcement agency or the attorney for
11-13 the state as evidence when the property is no longer required for
11-14 that purpose;
11-15 (10) the right to have the attorney for the state
11-16 notify the employer of the victim, if requested, of the necessity
11-17 of the victim's cooperation and testimony in a proceeding that may
11-18 necessitate the absence of the victim from work for good cause;
11-19 (11) the right to be present at all public court
11-20 proceedings related to the conduct of the child as provided by
11-21 Section 54.08, subject to that section; and
11-22 (12) any other right appropriate to the victim that a
11-23 victim of criminal conduct has under Article 56.02, Code of
11-24 Criminal Procedure.
11-25 (b) Before making a disposition in a case, the court shall
11-26 require the prosecuting attorney to state whether each victim of
11-27 the conduct, guardian of a victim, or close relative of a deceased
12-1 victim has been afforded, to the greatest extent practicable, the
12-2 rights granted under this section that are applicable to
12-3 proceedings occurring before disposition in a case.
12-4 (c) In notifying a victim of the release or escape of a
12-5 person, the Texas Youth Commission shall use the same procedure
12-6 established for the notification of the release or escape of an
12-7 adult offender under Article 56.11, Code of Criminal Procedure.
12-8 SECTION 11. Section 76.016, Government Code, is amended to
12-9 read as follows:
12-10 Sec. 76.016. VICTIM NOTIFICATION. (a) A department, using
12-11 the name and address provided by the attorney representing the
12-12 state under Article 56.08(d), Code of Criminal Procedure, shall
12-13 immediately [make a reasonable effort to] notify a victim of the
12-14 defendant's crime or, if the victim has a guardian or is deceased,
12-15 [to] notify the guardian of the victim or close relative of the
12-16 deceased victim of:
12-17 (1) the fact that the defendant has been placed on
12-18 community supervision;
12-19 (2) the conditions of community supervision imposed on
12-20 the defendant by the court; and
12-21 (3) the date, time, and location of any hearing or
12-22 proceeding at which the conditions of the defendant's community
12-23 supervision may be modified or the defendant's placement on
12-24 community supervision may be revoked or terminated.
12-25 (b) [An attempt by the department to give notice to the
12-26 victim, the guardian of the victim, or a close relative of a
12-27 deceased victim at the victim's, the guardian of the victim's, or a
13-1 close relative of a deceased victim's last known telephone number
13-2 or address as shown on the records of the department constitutes a
13-3 reasonable attempt to give notice under this section.]
13-4 [(c)] In this section, "close relative of a deceased
13-5 victim," "guardian of a victim," and "victim" have the meanings
13-6 assigned by Article 56.01, Code of Criminal Procedure.
13-7 SECTION 12. Subchapter B, Chapter 508, Government Code, is
13-8 amended by adding Section 508.0481 to read as follows:
13-9 Sec. 508.0481. VICTIM'S RIGHT TO REPRESENTATION. (a) If a
13-10 victim, close relative of a deceased victim, or guardian of a
13-11 victim is required by a subpoena issued under Section 508.048 to
13-12 appear at a hearing, the victim, relative, or guardian is entitled
13-13 to representation by counsel at the hearing.
13-14 (b) This section does not require the state to provide
13-15 representation by counsel to a victim, close relative of a deceased
13-16 victim, or guardian of a victim.
13-17 (c) In this section, "victim," "close relative of a deceased
13-18 victim," and "guardian of a victim" have the meanings assigned by
13-19 Section 508.117.
13-20 SECTION 13. Section 2009.053(a), Government Code, is amended
13-21 to read as follows:
13-22 (a) A governmental body may appoint a governmental officer
13-23 or employee or a private individual to serve as an impartial third
13-24 party in an alternative dispute resolution procedure. The
13-25 governmental body's appointment of the impartial third party is
13-26 subject to the approval of the parties, except that:
13-27 (1) when a State Office of Administrative Hearings
14-1 administrative law judge has issued an order referring a case
14-2 involving a state agency to an alternative dispute resolution
14-3 procedure under Section 2003.042(a)(5), the administrative law
14-4 judge may appoint the impartial third party for the parties if they
14-5 cannot agree on an impartial third party within a reasonable
14-6 period; and
14-7 (2) if the procedure is a victim-offender mediation
14-8 described by Article 56.13, Code of Criminal Procedure, approval of
14-9 the parties is not required.
14-10 SECTION 14. 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 15. (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 16. 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 17. This Act takes effect September 1, 2001.