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.