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