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.  Section 57.002, Family Code, is amended to read
8-24     as follows:
8-25           Sec. 57.002.  VICTIM'S RIGHTS.  (a)  A victim, guardian of a
8-26     victim, or close relative of a deceased victim is entitled to the
8-27     following rights within the juvenile justice system:
 9-1                 (1)  the right to receive from law enforcement agencies
 9-2     adequate protection from harm and threats of harm arising from
 9-3     cooperation with prosecution efforts;
 9-4                 (2)  the right to have the court or person appointed by
 9-5     the court take the safety of the victim or the victim's family into
 9-6     consideration as an element in determining whether the child should
 9-7     be detained before the child's conduct is adjudicated;
 9-8                 (3)  the right, if requested, to be informed of
 9-9     relevant court proceedings, including appellate proceedings, and to
9-10     be informed in a timely manner if those court proceedings have been
9-11     canceled or rescheduled;
9-12                 (4)  the right to be informed, when requested, by the
9-13     court or a person appointed by the court concerning the procedures
9-14     in the juvenile justice system, including general procedures
9-15     relating to:
9-16                       (A)  the preliminary investigation and deferred
9-17     prosecution of a case; and
9-18                       (B)  the appeal of the case;
9-19                 (5)  the right to provide pertinent information to a
9-20     juvenile court conducting a disposition hearing concerning the
9-21     impact of the offense on the victim and the victim's family by
9-22     testimony, written statement, or any other manner before the court
9-23     renders its disposition;
9-24                 (6)  the right to receive information regarding
9-25     compensation to victims as provided by Subchapter B, Chapter 56,
9-26     Code of Criminal Procedure, including information related to the
9-27     costs that may be compensated under that subchapter [Act] and the
 10-1    amount of compensation, eligibility for compensation, and
 10-2    procedures for application for compensation under that subchapter
 10-3    [Act], the payment of medical expenses under Section 56.06, Code of
 10-4    Criminal Procedure, for a victim of a sexual assault, and when
 10-5    requested, to referral to available social service agencies that
 10-6    may offer additional assistance;
 10-7                (7)  the right to be informed, upon request, of
 10-8    procedures for release under supervision or transfer of the person
 10-9    to the custody of the pardons and paroles division of the Texas
10-10    Department of Criminal Justice for parole, to participate in the
10-11    release or transfer for parole process, to be notified, if
10-12    requested, of the person's release, escape, or transfer for parole
10-13    proceedings concerning the person, to provide to the Texas Youth
10-14    Commission for inclusion in the person's file information to be
10-15    considered by the commission before the release under supervision
10-16    or transfer for parole of the person, and to be notified, if
10-17    requested, of the person's release or transfer for parole;
10-18                (8)  the right to be provided with a waiting area,
10-19    separate or secure from other witnesses, including the child
10-20    alleged to have committed the conduct and relatives of the child,
10-21    before testifying in any proceeding concerning the child, or, if a
10-22    separate waiting area is not available, other safeguards should be
10-23    taken to minimize the victim's contact with the child and the
10-24    child's relatives and witnesses, before and during court
10-25    proceedings;
10-26                (9)  the right to prompt return of any property of the
10-27    victim that is held by a law enforcement agency or the attorney for
 11-1    the state as evidence when the property is no longer required for
 11-2    that purpose;
 11-3                (10)  the right to have the attorney for the state
 11-4    notify the employer of the victim, if requested, of the necessity
 11-5    of the victim's cooperation and testimony in a proceeding that may
 11-6    necessitate the absence of the victim from work for good cause;
 11-7                (11)  the right to be present at all public court
 11-8    proceedings related to the conduct of the child as provided by
 11-9    Section 54.08, subject to that section; and
11-10                (12)  any other right appropriate to the victim that a
11-11    victim of criminal conduct has under Article 56.02, Code of
11-12    Criminal Procedure.
11-13          (b)  In notifying a victim of the release or escape of a
11-14    person, the Texas Youth Commission shall use the same procedure
11-15    established for the  notification of the release or escape of an
11-16    adult offender under Article 56.11, Code of Criminal Procedure.
11-17          SECTION 9.  Section 76.016, Government Code, is amended to
11-18    read as follows:
11-19          Sec. 76.016.  Victim Notification.  (a)  A department, using
11-20    the name and address provided by the attorney representing the
11-21    state under Article 56.08(d), Code of Criminal Procedure, shall
11-22    immediately [make a reasonable effort to] notify a victim of the
11-23    defendant's crime or, if the victim has a guardian or is deceased,
11-24    [to] notify the guardian of the victim or close relative of the
11-25    deceased victim of:
11-26                (1)  the fact that the defendant has been placed on
11-27    community supervision;
 12-1                (2)  the conditions of community supervision imposed on
 12-2    the defendant by the court; and
 12-3                (3)  the date, time, and location of any hearing or
 12-4    proceeding at which the conditions of the defendant's community
 12-5    supervision may be modified or the defendant's placement on
 12-6    community supervision may be revoked or terminated.
 12-7          (b)  [An attempt by the department to give notice to the
 12-8    victim, the guardian of the victim, or a close relative of a
 12-9    deceased victim at the victim's, the guardian of the victim's, or a
12-10    close relative of a deceased victim's last known telephone number
12-11    or address as shown on the records of the department constitutes a
12-12    reasonable attempt to give notice under this section.]
12-13          [(c)]  In this section, "close relative of a deceased
12-14    victim," "guardian of a victim," and "victim" have the meanings
12-15    assigned by Article 56.01, Code of Criminal Procedure.
12-16          SECTION 10.  Subchapter B, Chapter 508, Government Code, is
12-17    amended by adding Section 508.0481 to read as follows:
12-18          Sec. 508.0481.  VICTIM'S RIGHT TO REPRESENTATION.  (a)  If a
12-19    victim, close relative of a deceased victim, or guardian of a
12-20    victim is required by a subpoena issued under Section 508.048 to
12-21    appear at a hearing, the victim, relative, or guardian is entitled
12-22    to representation by counsel at the hearing.
12-23          (b)  This section does not require the state to provide
12-24    representation by counsel to a victim, close relative of a deceased
12-25    victim, or guardian of a victim.
12-26          (c)  In this section, "victim," "close relative of a deceased
12-27    victim," and "guardian of a victim" have the meanings assigned by
 13-1    Section 508.117.
 13-2          SECTION 11. Section 2009.053(a), Government Code, is amended
 13-3    to read as follows:
 13-4          (a)  A governmental body may appoint a governmental officer
 13-5    or employee or a private individual to serve as an impartial third
 13-6    party in an alternative dispute resolution procedure.  The
 13-7    governmental body's appointment of the impartial third party is
 13-8    subject to the approval of the parties, except:
 13-9                (1)  that when a State Office of Administrative
13-10    Hearings administrative law judge has issued an order referring a
13-11    case involving a state agency to an alternative dispute resolution
13-12    procedure under Section 2003.042(a)(5), the administrative law
13-13    judge may appoint the impartial third party for the parties if they
13-14    cannot agree on an impartial third party within a reasonable
13-15    period; or
13-16                (2)  for a victim-offender mediation by the Texas
13-17    Department of Criminal Justice as described in Article 56.13, Code
13-18    of Criminal Procedure.
13-19          SECTION 12. Section 154.023, Civil Practice and Remedies
13-20    Code, is amended by adding Subsection (c) to read as follows:
13-21          (c)  Mediation includes victim-offender mediation by the
13-22    Texas Department of Criminal Justice described in Article 56.13,
13-23    Code of Criminal Procedure.
13-24          SECTION 13. Section 154.073, Civil Practice and Remedies
13-25    Code, is amended by adding Subsection (g) to read as follows:
13-26          (g)  This section applies to a victim-offender mediation by
13-27    the Texas Department of Criminal Justice as described in Article
 14-1    56.13, Code of Criminal Procedure.
 14-2          SECTION 14. Section 1701.253(b), Occupations Code, is amended
 14-3    to read as follows:
 14-4          (b)  In establishing requirements under this section, the
 14-5    commission shall require courses and programs to provide training
 14-6    in:
 14-7                (1)  the investigation and documentation of cases that
 14-8    involve:
 14-9                      (A)  child abuse or neglect;
14-10                      (B)  family violence; and
14-11                      (C)  sexual assault; [and]
14-12                (2)  issues concerning sex offender characteristics;
14-13    and
14-14                (3)  crime victims' rights under Chapter 56, Code of
14-15    Criminal Procedure, and Chapter 57, Family Code, and the duty of
14-16    law enforcement agencies to ensure that a victim is afforded those
14-17    rights.
14-18          SECTION 15.  The amendments to Section 2009.053(a),
14-19    Government Code, and Sections 154.023 and 154.073, Civil Practice
14-20    and Remedies Code, apply to a mediation procedure provided by the
14-21    Texas Department of Criminal Justice before, on, or after the
14-22    effective date of this Act.
14-23          SECTION 16.  (a)  The office of the attorney general is
14-24    required to complete its pilot project regarding a computer network
14-25    victim notification system by January 1, 2002, or as soon as
14-26    practicable.  In completing the project, the office of the attorney
14-27    general shall consult with the office of court administration and
 15-1    the Texas Department of Criminal Justice.  The office of the
 15-2    attorney general shall continue to provide funding for continuation
 15-3    of the operation of the project in the counties comprising the
 15-4    pilot project until the computer network victim notification system
 15-5    is operational in those counties.
 15-6          (b)  The office of the attorney general may contract with the
 15-7    office of court administration or the Texas Department of Criminal
 15-8    Justice, or both, to implement a computer network victim
 15-9    notification system.  Implementation of the state-wide system shall
15-10    begin no later than by June 1, 2002, according to a written
15-11    schedule developed by the implementing agency or agencies.
15-12          SECTION 17.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1572 was passed by the House on May
         4, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1572 on May 24, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1572 was passed by the Senate, with
         amendments, on May 17, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor