By Haggerty H.B. No. 1572
77R4602 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the rights of victims of crime, including participation
1-3 by victims in certain criminal proceedings and the payment of
1-4 restitution to victims.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 42.037, Code of Criminal Procedure, is
1-7 amended by adding Subsection (o) to read as follows:
1-8 (o) The pardons and paroles division may waive a supervision
1-9 fee or an administrative fee imposed on an inmate under Section
1-10 508.182, Government Code, during any period in which the inmate is
1-11 required to pay restitution under this article.
1-12 SECTION 2. Articles 56.02(a) and (b), Code of Criminal
1-13 Procedure, are amended to read as follows:
1-14 (a) A victim, guardian of a victim, or close relative of a
1-15 deceased victim is entitled to the following rights within the
1-16 criminal justice system:
1-17 (1) the right to receive from law enforcement agencies
1-18 adequate protection from harm and threats of harm arising from
1-19 cooperation with prosecution efforts;
1-20 (2) the right to have the magistrate take the safety
1-21 of the victim or his family into consideration as an element in
1-22 fixing the amount of bail for the accused;
1-23 (3) the right, if requested, to be informed:
1-24 (A) by the attorney representing the state of
2-1 relevant court proceedings, including appellate proceedings, and to
2-2 be informed if those [court] proceedings have been canceled or
2-3 rescheduled prior to the event; and
2-4 (B) by an appellate court of decisions of the
2-5 court, after the decisions are entered but before the decisions are
2-6 made public;
2-7 (4) the right to be informed, when requested, by a
2-8 peace officer concerning the defendant's right to bail and the
2-9 procedures in criminal investigations and by the district
2-10 attorney's office concerning the general procedures in the criminal
2-11 justice system, including general procedures in guilty plea
2-12 negotiations and arrangements, restitution, and the appeals and
2-13 parole process;
2-14 (5) the right to provide pertinent information to a
2-15 probation department conducting a presentencing investigation
2-16 concerning the impact of the offense on the victim and his family
2-17 by testimony, written statement, or any other manner prior to any
2-18 sentencing of the offender;
2-19 (6) the right to receive information regarding
2-20 compensation to victims of crime as provided by Subchapter B[,
2-21 Chapter 56], including information related to the costs that may be
2-22 compensated under that subchapter [Act] and the amount of
2-23 compensation, eligibility for compensation, and procedures for
2-24 application for compensation under that subchapter [Act], the
2-25 payment for a medical examination under Article 56.06 [of this
2-26 code] for a victim of a sexual assault, and when requested, to
2-27 referral to available social service agencies that may offer
3-1 additional assistance;
3-2 (7) the right to be informed, upon request, of parole
3-3 procedures, to participate in the parole process, to be notified,
3-4 if requested, of parole proceedings concerning a defendant in the
3-5 victim's case, to provide to the Board of Pardons and Paroles for
3-6 inclusion in the defendant's file information to be considered by
3-7 the board prior to the parole of any defendant convicted of any
3-8 crime subject to this subchapter [Act], and to be notified, if
3-9 requested, of the defendant's release;
3-10 (8) the right to be provided with a waiting area,
3-11 separate or secure from other witnesses, including the offender and
3-12 relatives of the offender, before testifying in any proceeding
3-13 concerning the offender; if a separate waiting area is not
3-14 available, other safeguards should be taken to minimize the
3-15 victim's contact with the offender and the offender's relatives and
3-16 witnesses, before and during court proceedings;
3-17 (9) the right to prompt return of any property of the
3-18 victim that is held by a law enforcement agency or the attorney for
3-19 the state as evidence when the property is no longer required for
3-20 that purpose;
3-21 (10) the right to have the attorney for the state
3-22 notify the employer of the victim, if requested, of the necessity
3-23 of the victim's cooperation and testimony in a proceeding that may
3-24 necessitate the absence of the victim from work for good cause;
3-25 [and]
3-26 (11) the right to counseling, on request, regarding
3-27 acquired immune deficiency syndrome (AIDS) and human
4-1 immunodeficiency virus (HIV) infection and testing for acquired
4-2 immune deficiency syndrome (AIDS), human immunodeficiency virus
4-3 (HIV) infection, antibodies to HIV, or infection with any other
4-4 probable causative agent of AIDS, if the offense is an offense
4-5 under Section 21.11(a)(1), 22.011, or 22.021, Penal Code;
4-6 (12) the right to request victim-offender mediation
4-7 coordinated by the victim services division of the Texas Department
4-8 of Criminal Justice; and
4-9 (13) the right to be informed of the uses of a victim
4-10 impact statement and the statement's purpose in the criminal
4-11 justice system, to complete the victim impact statement, and to
4-12 have the victim impact statement considered:
4-13 (A) by the attorney representing the state and
4-14 the judge before sentencing or before a plea bargain agreement is
4-15 accepted; and
4-16 (B) by the Board of Pardons and Paroles before
4-17 an inmate is released on parole.
4-18 (b) A victim, guardian of a victim, or close relative of a
4-19 deceased victim is entitled to the right to be present at all
4-20 public court proceedings related to the offense, subject to the
4-21 approval of the judge in the case.
4-22 SECTION 3. Article 56.03(e), Code of Criminal Procedure, is
4-23 amended to read as follows:
4-24 (e) Prior to the imposition of a sentence by the court in a
4-25 criminal case, the court, if it has received a victim impact
4-26 statement, shall consider the information provided in the
4-27 statement. Before sentencing the defendant, the court shall permit
5-1 the defendant or his counsel a reasonable time to read the
5-2 statement, excluding the victim's name, address, and telephone
5-3 number, comment on the statement, and, with the approval of the
5-4 court, introduce testimony or other information alleging a factual
5-5 inaccuracy in the statement. If the court sentences the defendant
5-6 to a term of community supervision [probation], the court shall
5-7 forward any victim's impact statement received in the case to the
5-8 community supervision and corrections [probation] department
5-9 supervising the defendant, along with the papers in the case.
5-10 SECTION 4. Article 56.08, Code of Criminal Procedure, is
5-11 amended by adding Subsection (e) to read as follows:
5-12 (e) The brief general statement describing the plea
5-13 bargaining stage in a criminal trial required by Subsection (a)(1)
5-14 shall include a statement that:
5-15 (1) the victim impact statement provided by the
5-16 victim, guardian of a victim, or close relative of a deceased
5-17 victim will be considered by the attorney representing the state in
5-18 entering into the plea bargain agreement; and
5-19 (2) the judge before accepting the plea bargain is
5-20 required under Section 26.13(e) to ask:
5-21 (A) whether a victim impact statement has been
5-22 returned to the attorney; and
5-23 (B) if a statement has been returned, for a copy
5-24 of the statement.
5-25 SECTION 5. Article 56.12, Code of Criminal Procedure, is
5-26 amended to read as follows:
5-27 Art. 56.12. NOTIFICATION OF ESCAPE OR TRANSFER. (a) The
6-1 Texas Department of Criminal Justice shall immediately [make a
6-2 reasonable attempt to] notify the victim of an offense, the
6-3 victim's guardian, or the victim's close relative, if the victim is
6-4 deceased[, whenever the offender escapes from a facility operated
6-5 by the institutional division of the Texas Department of Criminal
6-6 Justice], if the victim, victim's guardian, or victim's close
6-7 relative has notified the institutional division as provided by
6-8 Subsection (b) of this article, whenever the offender:
6-9 (1) escapes from a facility operated by the
6-10 institutional division; or
6-11 (2) is transferred from the custody of the
6-12 institutional division to the custody of a peace officer under a
6-13 writ of attachment or a bench warrant. [An attempt by the Texas
6-14 Department of Criminal Justice to give notice to the victim, the
6-15 guardian of the victim, or a close relative of a deceased victim at
6-16 the victim's, the guardian of the victim's, or a close relative of
6-17 a deceased victim's last known telephone number or address as shown
6-18 on the records of the department constitutes a reasonable attempt
6-19 to give notice under this subsection.]
6-20 (b) It is the responsibility of the victim, guardian, or
6-21 close relative desiring notification of an offender's escape or
6-22 transfer from custody under a writ of attachment or bench warrant
6-23 to notify the Texas Department of Criminal Justice of the desire
6-24 for notification and any change of address.
6-25 (c) In providing notice under Subsection (a)(2), the
6-26 institutional division shall include the name, address, and
6-27 telephone number of the peace officer receiving the inmate into
7-1 custody. On returning the inmate to the custody of the
7-2 institutional division, the victim services division of the Texas
7-3 Department of Criminal Justice shall notify the victim, the
7-4 victim's guardian, or the victim's close relative if the victim is
7-5 deceased, of that fact.
7-6 SECTION 6. Subchapter A, Chapter 56, Code of Criminal
7-7 Procedure, is amended by adding Articles 56.13 and 56.14 to read as
7-8 follows:
7-9 Art. 56.13. VICTIM-OFFENDER MEDIATION. The victim services
7-10 division of the Texas Department of Criminal Justice shall:
7-11 (1) train volunteers to act as mediators between
7-12 victims, guardians of victims, and close relatives of deceased
7-13 victims and offenders whose criminal conduct caused bodily injury
7-14 or death to victims; and
7-15 (2) provide mediation services through referral of a
7-16 trained volunteer, if requested by a victim, guardian of a victim,
7-17 or close relative of a deceased victim.
7-18 Art. 56.14. CLEARINGHOUSE ANNUAL CONFERENCE. (a) The Texas
7-19 Crime Victim Clearinghouse may conduct an annual conference to
7-20 provide to participants in the criminal justice system training
7-21 containing information on crime victims' rights.
7-22 (b) The clearinghouse may charge fees to persons attending
7-23 the conference described by Subsection (a).
7-24 SECTION 7. Section 57.002, Family Code, is amended to read
7-25 as follows:
7-26 Sec. 57.002. VICTIM'S RIGHTS. (a) A victim, guardian of a
7-27 victim, or close relative of a deceased victim is entitled to the
8-1 following rights within the juvenile justice system:
8-2 (1) the right to receive from law enforcement agencies
8-3 adequate protection from harm and threats of harm arising from
8-4 cooperation with prosecution efforts;
8-5 (2) the right to have the court or person appointed by
8-6 the court take the safety of the victim or the victim's family into
8-7 consideration as an element in determining whether the child should
8-8 be detained before the child's conduct is adjudicated;
8-9 (3) the right, if requested, to be informed of
8-10 relevant court proceedings, including appellate proceedings, and to
8-11 be informed in a timely manner if those court proceedings have been
8-12 canceled or rescheduled;
8-13 (4) the right to be informed, when requested, by the
8-14 court or a person appointed by the court concerning the procedures
8-15 in the juvenile justice system, including general procedures
8-16 relating to:
8-17 (A) the preliminary investigation and deferred
8-18 prosecution of a case; and
8-19 (B) the appeal of the case;
8-20 (5) the right to provide pertinent information to a
8-21 juvenile court conducting a disposition hearing concerning the
8-22 impact of the offense on the victim and the victim's family by
8-23 testimony, written statement, or any other manner before the court
8-24 renders its disposition;
8-25 (6) the right to receive information regarding
8-26 compensation to victims as provided by Subchapter B, Chapter 56,
8-27 Code of Criminal Procedure, including information related to the
9-1 costs that may be compensated under that subchapter [Act] and the
9-2 amount of compensation, eligibility for compensation, and
9-3 procedures for application for compensation under that subchapter
9-4 [Act], the payment of medical expenses under Section 56.06, Code of
9-5 Criminal Procedure, for a victim of a sexual assault, and when
9-6 requested, to referral to available social service agencies that
9-7 may offer additional assistance;
9-8 (7) the right to be informed, upon request, of
9-9 procedures for release under supervision or transfer of the person
9-10 to the custody of the pardons and paroles division of the Texas
9-11 Department of Criminal Justice for parole, to participate in the
9-12 release or transfer for parole process, to be notified, if
9-13 requested, of the person's release, escape, or transfer for parole
9-14 proceedings concerning the person, to provide to the Texas Youth
9-15 Commission for inclusion in the person's file information to be
9-16 considered by the commission before the release under supervision
9-17 or transfer for parole of the person, and to be notified, if
9-18 requested, of the person's release or transfer for parole;
9-19 (8) the right to be provided with a waiting area,
9-20 separate or secure from other witnesses, including the child
9-21 alleged to have committed the conduct and relatives of the child,
9-22 before testifying in any proceeding concerning the child, or, if a
9-23 separate waiting area is not available, other safeguards should be
9-24 taken to minimize the victim's contact with the child and the
9-25 child's relatives and witnesses, before and during court
9-26 proceedings;
9-27 (9) the right to prompt return of any property of the
10-1 victim that is held by a law enforcement agency or the attorney for
10-2 the state as evidence when the property is no longer required for
10-3 that purpose;
10-4 (10) the right to have the attorney for the state
10-5 notify the employer of the victim, if requested, of the necessity
10-6 of the victim's cooperation and testimony in a proceeding that may
10-7 necessitate the absence of the victim from work for good cause;
10-8 (11) the right to be present at all public court
10-9 proceedings related to the conduct of the child as provided by
10-10 Section 54.08, subject to that section; and
10-11 (12) any other right appropriate to the victim that a
10-12 victim of criminal conduct has under Article 56.02, Code of
10-13 Criminal Procedure.
10-14 (b) In notifying a victim of the release or escape of a
10-15 person, the Texas Youth Commission shall use the same procedure
10-16 established for the notification of the release or escape of an
10-17 adult offender under Article 56.11, Code of Criminal Procedure.
10-18 SECTION 8. Section 76.016, Government Code, is amended to
10-19 read as follows:
10-20 Sec. 76.016. Victim Notification. (a) A department, using
10-21 the name and address provided by the attorney representing the
10-22 state under Article 56.08(d), Code of Criminal Procedure, shall
10-23 immediately [make a reasonable effort to] notify a victim of the
10-24 defendant's crime or, if the victim has a guardian or is deceased,
10-25 [to] notify the guardian of the victim or close relative of the
10-26 deceased victim of:
10-27 (1) the fact that the defendant has been placed on
11-1 community supervision;
11-2 (2) the conditions of community supervision imposed on
11-3 the defendant by the court; and
11-4 (3) the date, time, and location of any hearing or
11-5 proceeding at which the conditions of the defendant's community
11-6 supervision may be modified or the defendant's placement on
11-7 community supervision may be revoked or terminated.
11-8 (b) [An attempt by the department to give notice to the
11-9 victim, the guardian of the victim, or a close relative of a
11-10 deceased victim at the victim's, the guardian of the victim's, or a
11-11 close relative of a deceased victim's last known telephone number
11-12 or address as shown on the records of the department constitutes a
11-13 reasonable attempt to give notice under this section.]
11-14 [(c)] In this section, "close relative of a deceased
11-15 victim," "guardian of a victim," and "victim" have the meanings
11-16 assigned by Article 56.01, Code of Criminal Procedure.
11-17 SECTION 9. Subchapter B, Chapter 508, Government Code, is
11-18 amended by adding Section 508.0481 to read as follows:
11-19 Sec. 508.0481. VICTIM'S RIGHT TO REPRESENTATION. (a) If a
11-20 victim, close relative of a deceased victim, or guardian of a
11-21 victim is required by a subpoena issued under Section 508.048 to
11-22 appear at a hearing, the victim, relative, or guardian is entitled
11-23 to representation by counsel at the hearing.
11-24 (b) This section does not require the state to provide
11-25 representation by counsel to a victim, close relative of a deceased
11-26 victim, or guardian of a victim.
11-27 (c) In this section, "victim," "close relative of a deceased
12-1 victim," and "guardian of a victim" have the meanings assigned by
12-2 Section 508.117.
12-3 SECTION 10. Section 2009.053(a), Government Code, is amended
12-4 to read as follows:
12-5 (a) A governmental body may appoint a governmental officer
12-6 or employee or a private individual to serve as an impartial third
12-7 party in an alternative dispute resolution procedure. The
12-8 governmental body's appointment of the impartial third party is
12-9 subject to the approval of the parties, except:
12-10 (1) that when a State Office of Administrative
12-11 Hearings administrative law judge has issued an order referring a
12-12 case involving a state agency to an alternative dispute resolution
12-13 procedure under Section 2003.042(a)(5), the administrative law
12-14 judge may appoint the impartial third party for the parties if they
12-15 cannot agree on an impartial third party within a reasonable
12-16 period; or
12-17 (2) for a victim-offender mediation by the Texas
12-18 Department of Criminal Justice as described in Article 56.13, Code
12-19 of Criminal Procedure.
12-20 SECTION 11. Section 154.023, Civil Practice and Remedies
12-21 Code, is amended by adding Subsection (c) to read as follows:
12-22 (c) Mediation includes victim-offender mediation by the
12-23 Texas Department of Criminal Justice described in Article 56.13,
12-24 Code of Criminal Procedure.
12-25 SECTION 12. Section 154.073, Civil Practice and Remedies
12-26 Code, is amended by adding Subsection (g) to read as follows:
12-27 (g) This section applies to a victim-offender mediation by
13-1 the Texas Department of Criminal Justice as described in Article
13-2 56.13, Code of Criminal Procedure.
13-3 SECTION 13. Section 1701.253(b), Occupations Code, is amended
13-4 to read as follows:
13-5 (b) In establishing requirements under this section, the
13-6 commission shall require courses and programs to provide training
13-7 in:
13-8 (1) the investigation and documentation of cases that
13-9 involve:
13-10 (A) child abuse or neglect;
13-11 (B) family violence; and
13-12 (C) sexual assault; [and]
13-13 (2) issues concerning sex offender characteristics;
13-14 and
13-15 (3) crime victims' rights under Chapter 56, Code of
13-16 Criminal Procedure, and Chapter 57, Family Code, and the duty of
13-17 law enforcement agencies to ensure that a victim is afforded those
13-18 rights.
13-19 SECTION 14. The amendments to Section 2009.053(a),
13-20 Government Code, and Sections 154.023 and 154.073, Civil Practice
13-21 and Remedies Code, apply to a mediation procedure provided by the
13-22 Texas Department of Criminal Justice before, on, or after the
13-23 effective date of this Act.
13-24 SECTION 15. This Act takes effect September 1, 2001.