By Haggerty H.B. No. 1572
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the rights of victims of crime, participation by
1-3 victims and witnesses in certain criminal proceedings, and the
1-4 payment of restitution to victims.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 36, Code of Criminal Procedure, is
1-7 amended by adding Article 36.03 to read as follows:
1-8 Art. 36.03. INVOCATION OF RULE. (a) Notwithstanding Rule
1-9 614, Texas Rules of Evidence, a court at the request of a party may
1-10 order the exclusion of a witness who for the purposes of the
1-11 prosecution is a victim, close relative of a deceased victim, or
1-12 guardian of a victim only if the witness is to testify and the
1-13 court determines that the testimony of the witness would be
1-14 materially affected if the witness hears other testimony at the
1-15 trial.
1-16 (b) On the objection of the opposing party, the court may
1-17 require the party requesting exclusion of a witness under
1-18 Subsection (a) to make an offer of proof to justify the exclusion.
1-19 (c) Subsection (a) does not limit the authority of the court
1-20 on its own motion to exclude a witness or other person to maintain
1-21 decorum in the courtroom.
1-22 (d) In this article:
1-23 (1) "Close relative of a deceased victim" and
1-24 "guardian of a victim" have the meanings assigned by Article 56.01.
2-1 (2) "Victim" means a victim of any criminal offense.
2-2 (e) At the commencement of a trial, the court shall admonish
2-3 each witness who is to testify as to those persons whom the court
2-4 determines the witness may talk to about the case before the trial
2-5 ends and those persons whom the witness may not talk to about the
2-6 case. The court may punish as contempt a witness who violates the
2-7 admonishment provided by the court.
2-8 SECTION 2. Article 42.037, Code of Criminal Procedure, is
2-9 amended by adding Subsection (o) to read as follows:
2-10 (o) The pardons and paroles division may waive a supervision
2-11 fee or an administrative fee imposed on an inmate under Section
2-12 508.182, Government Code, during any period in which the inmate is
2-13 required to pay restitution under this article.
2-14 SECTION 3. Articles 56.02(a) and (b), Code of Criminal
2-15 Procedure, are amended to read as follows:
2-16 (a) A victim, guardian of a victim, or close relative of a
2-17 deceased victim is entitled to the following rights within the
2-18 criminal justice system:
2-19 (1) the right to receive from law enforcement agencies
2-20 adequate protection from harm and threats of harm arising from
2-21 cooperation with prosecution efforts;
2-22 (2) the right to have the magistrate take the safety
2-23 of the victim or his family into consideration as an element in
2-24 fixing the amount of bail for the accused;
2-25 (3) the right, if requested, to be informed:
2-26 (A) by the attorney representing the state of
2-27 relevant court proceedings, including appellate proceedings, and to
3-1 be informed if those [court] proceedings have been canceled or
3-2 rescheduled prior to the event; and
3-3 (B) by an appellate court of decisions of the
3-4 court, after the decisions are entered but before the decisions are
3-5 made public;
3-6 (4) the right to be informed, when requested, by a
3-7 peace officer concerning the defendant's right to bail and the
3-8 procedures in criminal investigations and by the district
3-9 attorney's office concerning the general procedures in the criminal
3-10 justice system, including general procedures in guilty plea
3-11 negotiations and arrangements, restitution, and the appeals and
3-12 parole process;
3-13 (5) the right to provide pertinent information to a
3-14 probation department conducting a presentencing investigation
3-15 concerning the impact of the offense on the victim and his family
3-16 by testimony, written statement, or any other manner prior to any
3-17 sentencing of the offender;
3-18 (6) the right to receive information regarding
3-19 compensation to victims of crime as provided by Subchapter B[,
3-20 Chapter 56], including information related to the costs that may be
3-21 compensated under that subchapter [Act] and the amount of
3-22 compensation, eligibility for compensation, and procedures for
3-23 application for compensation under that subchapter [Act], the
3-24 payment for a medical examination under Article 56.06 [of this
3-25 code] for a victim of a sexual assault, and when requested, to
3-26 referral to available social service agencies that may offer
3-27 additional assistance;
4-1 (7) the right to be informed, upon request, of parole
4-2 procedures, to participate in the parole process, to be notified,
4-3 if requested, of parole proceedings concerning a defendant in the
4-4 victim's case, to provide to the Board of Pardons and Paroles for
4-5 inclusion in the defendant's file information to be considered by
4-6 the board prior to the parole of any defendant convicted of any
4-7 crime subject to this subchapter [Act], and to be notified, if
4-8 requested, of the defendant's release;
4-9 (8) the right to be provided with a waiting area,
4-10 separate or secure from other witnesses, including the offender and
4-11 relatives of the offender, before testifying in any proceeding
4-12 concerning the offender; if a separate waiting area is not
4-13 available, other safeguards should be taken to minimize the
4-14 victim's contact with the offender and the offender's relatives and
4-15 witnesses, before and during court proceedings;
4-16 (9) the right to prompt return of any property of the
4-17 victim that is held by a law enforcement agency or the attorney for
4-18 the state as evidence when the property is no longer required for
4-19 that purpose;
4-20 (10) the right to have the attorney for the state
4-21 notify the employer of the victim, if requested, of the necessity
4-22 of the victim's cooperation and testimony in a proceeding that may
4-23 necessitate the absence of the victim from work for good cause;
4-24 [and]
4-25 (11) the right to counseling, on request, regarding
4-26 acquired immune deficiency syndrome (AIDS) and human
4-27 immunodeficiency virus (HIV) infection and testing for acquired
5-1 immune deficiency syndrome (AIDS), human immunodeficiency virus
5-2 (HIV) infection, antibodies to HIV, or infection with any other
5-3 probable causative agent of AIDS, if the offense is an offense
5-4 under Section 21.11(a)(1), 22.011, or 22.021, Penal Code;
5-5 (12) the right to request victim-offender mediation
5-6 coordinated by the victim services division of the Texas Department
5-7 of Criminal Justice; and
5-8 (13) the right to be informed of the uses of a victim
5-9 impact statement and the statement's purpose in the criminal
5-10 justice system, to complete the victim impact statement, and to
5-11 have the victim impact statement considered:
5-12 (A) by the attorney representing the state and
5-13 the judge before sentencing or before a plea bargain agreement is
5-14 accepted; and
5-15 (B) by the Board of Pardons and Paroles before
5-16 an inmate is released on parole.
5-17 (b) A victim, guardian of a victim, or close relative of a
5-18 deceased victim is entitled to the right to be present at all
5-19 public court proceedings related to the offense, subject to the
5-20 approval of the judge in the case.
5-21 SECTION 4. Article 56.03(e), Code of Criminal Procedure, is
5-22 amended to read as follows:
5-23 (e) Prior to the imposition of a sentence by the court in a
5-24 criminal case, the court, if it has received a victim impact
5-25 statement, shall consider the information provided in the
5-26 statement. Before sentencing the defendant, the court shall permit
5-27 the defendant or his counsel a reasonable time to read the
6-1 statement, excluding the victim's name, address, and telephone
6-2 number, comment on the statement, and, with the approval of the
6-3 court, introduce testimony or other information alleging a factual
6-4 inaccuracy in the statement. If the court sentences the defendant
6-5 to a term of community supervision [probation], the court shall
6-6 forward any victim's impact statement received in the case to the
6-7 community supervision and corrections [probation] department
6-8 supervising the defendant, along with the papers in the case.
6-9 SECTION 5. Article 56.08, Code of Criminal Procedure, is
6-10 amended by adding Subsection (e) to read as follows:
6-11 (e) The brief general statement describing the plea
6-12 bargaining stage in a criminal trial required by Subsection (a)(1)
6-13 shall include a statement that:
6-14 (1) the victim impact statement provided by the
6-15 victim, guardian of a victim, or close relative of a deceased
6-16 victim will be considered by the attorney representing the state in
6-17 entering into the plea bargain agreement; and
6-18 (2) the judge before accepting the plea bargain is
6-19 required under Section 26.13(e) to ask:
6-20 (A) whether a victim impact statement has been
6-21 returned to the attorney; and
6-22 (B) if a statement has been returned, for a copy
6-23 of the statement.
6-24 SECTION 6. Article 56.12, Code of Criminal Procedure, is
6-25 amended to read as follows:
6-26 Art. 56.12. NOTIFICATION OF ESCAPE OR TRANSFER. (a) The
6-27 Texas Department of Criminal Justice shall immediately [make a
7-1 reasonable attempt to] notify the victim of an offense, the
7-2 victim's guardian, or the victim's close relative, if the victim is
7-3 deceased[, whenever the offender escapes from a facility operated
7-4 by the institutional division of the Texas Department of Criminal
7-5 Justice], if the victim, victim's guardian, or victim's close
7-6 relative has notified the institutional division as provided by
7-7 Subsection (b) of this article, whenever the offender:
7-8 (1) escapes from a facility operated by the
7-9 institutional division; or
7-10 (2) is transferred from the custody of the
7-11 institutional division to the custody of a peace officer under a
7-12 writ of attachment or a bench warrant. [An attempt by the Texas
7-13 Department of Criminal Justice to give notice to the victim, the
7-14 guardian of the victim, or a close relative of a deceased victim at
7-15 the victim's, the guardian of the victim's, or a close relative of
7-16 a deceased victim's last known telephone number or address as shown
7-17 on the records of the department constitutes a reasonable attempt
7-18 to give notice under this subsection.]
7-19 (b) It is the responsibility of the victim, guardian, or
7-20 close relative desiring notification of an offender's escape or
7-21 transfer from custody under a writ of attachment or bench warrant
7-22 to notify the Texas Department of Criminal Justice of the desire
7-23 for notification and any change of address.
7-24 (c) In providing notice under Subsection (a)(2), the
7-25 institutional division shall include the name, address, and
7-26 telephone number of the peace officer receiving the inmate into
7-27 custody. On returning the inmate to the custody of the
8-1 institutional division, the victim services division of the Texas
8-2 Department of Criminal Justice shall notify the victim, the
8-3 victim's guardian, or the victim's close relative if the victim is
8-4 deceased, of that fact.
8-5 SECTION 7. Subchapter A, Chapter 56, Code of Criminal
8-6 Procedure, is amended by adding Articles 56.13 and 56.14 to read as
8-7 follows:
8-8 Art. 56.13. VICTIM-OFFENDER MEDIATION. The victim services
8-9 division of the Texas Department of Criminal Justice shall:
8-10 (1) train volunteers to act as mediators between
8-11 victims, guardians of victims, and close relatives of deceased
8-12 victims and offenders whose criminal conduct caused bodily injury
8-13 or death to victims; and
8-14 (2) provide mediation services through referral of a
8-15 trained volunteer, if requested by a victim, guardian of a victim,
8-16 or close relative of a deceased victim.
8-17 Art. 56.14. CLEARINGHOUSE ANNUAL CONFERENCE. (a) The Texas
8-18 Crime Victim Clearinghouse may conduct an annual conference to
8-19 provide to participants in the criminal justice system training
8-20 containing information on crime victims' rights.
8-21 (b) The clearinghouse may charge fees to persons attending
8-22 the conference described by Subsection (a).
8-23 SECTION 8. Subchapter A, Chapter 56, Code of Criminal
8-24 Procedure, is amended by adding Article 56.15 to read as follows:
8-25 Art. 56.15. CUSTODY AND COURT INFORMATION AND NOTIFICATION
8-26 SYSTEM. (a) The victim services office of the Texas Department of
8-27 Criminal Justice shall establish, through funding from the
9-1 compensation to victims of crime fund, a program to implement and
9-2 operate a custody and court information and notification system to:
9-3 (1) establish a toll-free number that a person
9-4 anywhere in the state may call 24 hours a day, 365 days a year, for
9-5 information regarding:
9-6 (A) whether an offender has been released or
9-7 transferred or has escaped from custody;
9-8 (B) the location of an offender who has been
9-9 transferred; and
9-10 (C) scheduled public court proceedings and
9-11 dispositions related to a criminal offense; and
9-12 (2) notify the victim, or any concerned individual who
9-13 has provided the program with an address or telephone number as
9-14 required by Subsection (b), by telephone, facsimile, electronic
9-15 mail, letter, or any other reasonable means when there is a change
9-16 in:
9-17 (A) the custody status of the offender; or
9-18 (B) the schedule of a public court proceeding
9-19 related to the offense.
9-20 (b) It is the responsibility of the victim or a concerned
9-21 individual desiring notice under Subsection (a)(2) to provide the
9-22 victim services office of the Texas Department of Criminal Justice
9-23 with the telephone number, facsimile number, electronic mail
9-24 address, or address of the victim, concerned individual, or other
9-25 person through whom the victim or individual may be contacted and
9-26 to notify the victim services office of any change in telephone or
9-27 facsimile number, electronic mail address, or address of the
10-1 victim, individual, or other person. Information obtained and
10-2 maintained by the victim services office under this subsection is
10-3 privileged and confidential.
10-4 (c) A county may elect to participate in the program by
10-5 receiving computer equipment for county courts and corrections
10-6 facilities from the victim services office of the Texas Department
10-7 of Criminal Justice under Subsection (e)(2) and providing
10-8 information to the victim services office. The victim services
10-9 office shall notify a victim or a concerned individual immediately
10-10 if the victim services office receives from a participating county
10-11 information that:
10-12 (1) the offender has been released or transferred;
10-13 (2) there has been a change in the schedule for a
10-14 public court proceeding related to the offense; or
10-15 (3) the offender has escaped from custody.
10-16 (d) The victim services office of the Texas Department of
10-17 Criminal Justice shall make available information and notification
10-18 services provided under this article in English, Spanish, and any
10-19 other languages selected by the program.
10-20 (e) As part of the information and notification system, the
10-21 victim services office of the Texas Department of Criminal Justice
10-22 shall:
10-23 (1) establish an automated system to notify victims
10-24 and concerned individuals under Subsection (a)(2) by a computerized
10-25 telephone service;
10-26 (2) provide computer equipment to corrections
10-27 facilities and courts to enable the corrections facilities and
11-1 courts to automatically notify the victim services office to enable
11-2 the victim services office to notify victims and concerned
11-3 individuals of information regarding the custody status of an
11-4 offender or a scheduled public court proceeding related to a
11-5 criminal offense;
11-6 (3) establish a service for monitoring the information
11-7 and notification systems;
11-8 (4) establish a project management team for the
11-9 implementation and ongoing operation of the information and
11-10 notification system to enable the victim services office to
11-11 effectively carry out the administration of the information and
11-12 notification system;
11-13 (5) create a secure Internet site for victim advocacy
11-14 groups selected by the project management team, to view offender
11-15 information and register victims for written notification; and
11-16 (6) provide training or support materials to educate
11-17 the public, law enforcement, and victim service providers on the
11-18 services provided by the program under this article.
11-19 (f) This article may not be construed as altering any duty
11-20 that a law enforcement agency has under the laws of this state to
11-21 notify a crime victim or a person designated by the victim to
11-22 receive notice.
11-23 (g) The victim services office of the Texas Department of
11-24 Criminal Justice is immune from liability for good faith conduct
11-25 under this section.
11-26 SECTION 9. Article 56.541, Code of Criminal Procedure, is
11-27 amended by adding Subsection (g) to read as follows:
12-1 (g) The victim services office of the Texas Department of
12-2 Criminal Justice shall use money appropriated from the compensation
12-3 to victims of crime fund for grants or contracts supporting a
12-4 custody and court information and notification system established
12-5 under Article 56.15.
12-6 SECTION 10. Section 57.002, Family Code, is amended to read
12-7 as follows:
12-8 Sec. 57.002. VICTIM'S RIGHTS. (a) A victim, guardian of a
12-9 victim, or close relative of a deceased victim is entitled to the
12-10 following rights within the juvenile justice system:
12-11 (1) the right to receive from law enforcement agencies
12-12 adequate protection from harm and threats of harm arising from
12-13 cooperation with prosecution efforts;
12-14 (2) the right to have the court or person appointed by
12-15 the court take the safety of the victim or the victim's family into
12-16 consideration as an element in determining whether the child should
12-17 be detained before the child's conduct is adjudicated;
12-18 (3) the right, if requested, to be informed of
12-19 relevant court proceedings, including appellate proceedings, and to
12-20 be informed in a timely manner if those court proceedings have been
12-21 canceled or rescheduled;
12-22 (4) the right to be informed, when requested, by the
12-23 court or a person appointed by the court concerning the procedures
12-24 in the juvenile justice system, including general procedures
12-25 relating to:
12-26 (A) the preliminary investigation and deferred
12-27 prosecution of a case; and
13-1 (B) the appeal of the case;
13-2 (5) the right to provide pertinent information to a
13-3 juvenile court conducting a disposition hearing concerning the
13-4 impact of the offense on the victim and the victim's family by
13-5 testimony, written statement, or any other manner before the court
13-6 renders its disposition;
13-7 (6) the right to receive information regarding
13-8 compensation to victims as provided by Subchapter B, Chapter 56,
13-9 Code of Criminal Procedure, including information related to the
13-10 costs that may be compensated under that subchapter [Act] and the
13-11 amount of compensation, eligibility for compensation, and
13-12 procedures for application for compensation under that subchapter
13-13 [Act], the payment of medical expenses under Section 56.06, Code of
13-14 Criminal Procedure, for a victim of a sexual assault, and when
13-15 requested, to referral to available social service agencies that
13-16 may offer additional assistance;
13-17 (7) the right to be informed, upon request, of
13-18 procedures for release under supervision or transfer of the person
13-19 to the custody of the pardons and paroles division of the Texas
13-20 Department of Criminal Justice for parole, to participate in the
13-21 release or transfer for parole process, to be notified, if
13-22 requested, of the person's release, escape, or transfer for parole
13-23 proceedings concerning the person, to provide to the Texas Youth
13-24 Commission for inclusion in the person's file information to be
13-25 considered by the commission before the release under supervision
13-26 or transfer for parole of the person, and to be notified, if
13-27 requested, of the person's release or transfer for parole;
14-1 (8) the right to be provided with a waiting area,
14-2 separate or secure from other witnesses, including the child
14-3 alleged to have committed the conduct and relatives of the child,
14-4 before testifying in any proceeding concerning the child, or, if a
14-5 separate waiting area is not available, other safeguards should be
14-6 taken to minimize the victim's contact with the child and the
14-7 child's relatives and witnesses, before and during court
14-8 proceedings;
14-9 (9) the right to prompt return of any property of the
14-10 victim that is held by a law enforcement agency or the attorney for
14-11 the state as evidence when the property is no longer required for
14-12 that purpose;
14-13 (10) the right to have the attorney for the state
14-14 notify the employer of the victim, if requested, of the necessity
14-15 of the victim's cooperation and testimony in a proceeding that may
14-16 necessitate the absence of the victim from work for good cause;
14-17 (11) the right to be present at all public court
14-18 proceedings related to the conduct of the child as provided by
14-19 Section 54.08, subject to that section; and
14-20 (12) any other right appropriate to the victim that a
14-21 victim of criminal conduct has under Article 56.02, Code of
14-22 Criminal Procedure.
14-23 (b) In notifying a victim of the release or escape of a
14-24 person, the Texas Youth Commission shall use the same procedure
14-25 established for the notification of the release or escape of an
14-26 adult offender under Article 56.11, Code of Criminal Procedure.
14-27 SECTION 11. Section 76.016, Government Code, is amended to
15-1 read as follows:
15-2 Sec. 76.016. Victim Notification. (a) A department, using
15-3 the name and address provided by the attorney representing the
15-4 state under Article 56.08(d), Code of Criminal Procedure, shall
15-5 immediately [make a reasonable effort to] notify a victim of the
15-6 defendant's crime or, if the victim has a guardian or is deceased,
15-7 [to] notify the guardian of the victim or close relative of the
15-8 deceased victim of:
15-9 (1) the fact that the defendant has been placed on
15-10 community supervision;
15-11 (2) the conditions of community supervision imposed on
15-12 the defendant by the court; and
15-13 (3) the date, time, and location of any hearing or
15-14 proceeding at which the conditions of the defendant's community
15-15 supervision may be modified or the defendant's placement on
15-16 community supervision may be revoked or terminated.
15-17 (b) [An attempt by the department to give notice to the
15-18 victim, the guardian of the victim, or a close relative of a
15-19 deceased victim at the victim's, the guardian of the victim's, or a
15-20 close relative of a deceased victim's last known telephone number
15-21 or address as shown on the records of the department constitutes a
15-22 reasonable attempt to give notice under this section.]
15-23 [(c)] In this section, "close relative of a deceased
15-24 victim," "guardian of a victim," and "victim" have the meanings
15-25 assigned by Article 56.01, Code of Criminal Procedure.
15-26 SECTION 12. Subchapter B, Chapter 508, Government Code, is
15-27 amended by adding Section 508.0481 to read as follows:
16-1 Sec. 508.0481. VICTIM'S RIGHT TO REPRESENTATION. (a) If a
16-2 victim, close relative of a deceased victim, or guardian of a
16-3 victim is required by a subpoena issued under Section 508.048 to
16-4 appear at a hearing, the victim, relative, or guardian is entitled
16-5 to representation by counsel at the hearing.
16-6 (b) This section does not require the state to provide
16-7 representation by counsel to a victim, close relative of a deceased
16-8 victim, or guardian of a victim.
16-9 (c) In this section, "victim," "close relative of a deceased
16-10 victim," and "guardian of a victim" have the meanings assigned by
16-11 Section 508.117.
16-12 SECTION 13. Section 2009.053(a), Government Code, is amended
16-13 to read as follows:
16-14 (a) A governmental body may appoint a governmental officer
16-15 or employee or a private individual to serve as an impartial third
16-16 party in an alternative dispute resolution procedure. The
16-17 governmental body's appointment of the impartial third party is
16-18 subject to the approval of the parties, except:
16-19 (1) that when a State Office of Administrative
16-20 Hearings administrative law judge has issued an order referring a
16-21 case involving a state agency to an alternative dispute resolution
16-22 procedure under Section 2003.042(a)(5), the administrative law
16-23 judge may appoint the impartial third party for the parties if they
16-24 cannot agree on an impartial third party within a reasonable
16-25 period; or
16-26 (2) for a victim-offender mediation by the Texas
16-27 Department of Criminal Justice as described in Article 56.13, Code
17-1 of Criminal Procedure.
17-2 SECTION 14. Section 154.023, Civil Practice and Remedies
17-3 Code, is amended by adding Subsection (c) to read as follows:
17-4 (c) Mediation includes victim-offender mediation by the
17-5 Texas Department of Criminal Justice described in Article 56.13,
17-6 Code of Criminal Procedure.
17-7 SECTION 15. Section 154.073, Civil Practice and Remedies
17-8 Code, is amended by adding Subsection (g) to read as follows:
17-9 (g) This section applies to a victim-offender mediation by
17-10 the Texas Department of Criminal Justice as described in Article
17-11 56.13, Code of Criminal Procedure.
17-12 SECTION 16. Section 1701.253(b), Occupations Code, is amended
17-13 to read as follows:
17-14 (b) In establishing requirements under this section, the
17-15 commission shall require courses and programs to provide training
17-16 in:
17-17 (1) the investigation and documentation of cases that
17-18 involve:
17-19 (A) child abuse or neglect;
17-20 (B) family violence; and
17-21 (C) sexual assault; [and]
17-22 (2) issues concerning sex offender characteristics;
17-23 and
17-24 (3) crime victims' rights under Chapter 56, Code of
17-25 Criminal Procedure, and Chapter 57, Family Code, and the duty of
17-26 law enforcement agencies to ensure that a victim is afforded those
17-27 rights.
18-1 SECTION 17. The amendments to Section 2009.053(a),
18-2 Government Code, and Sections 154.023 and 154.073, Civil Practice
18-3 and Remedies Code, apply to a mediation procedure provided by the
18-4 Texas Department of Criminal Justice before, on, or after the
18-5 effective date of this Act.
18-6 SECTION 18. This Act takes effect September 1, 2001.