1-1 By: Haggerty (Senate Sponsor - Staples) H.B. No. 1572
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 2001, read first time and referred to Committee on Criminal
1-4 Justice; May 11, 2001, reported favorably by the following vote:
1-5 Yeas 4, Nays 0, 1 present, not voting; May 11, 2001, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the rights of victims of crime, participation by
1-10 victims and witnesses in certain criminal proceedings, and the
1-11 payment of restitution to victims.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 36, Code of Criminal Procedure, is
1-14 amended by adding Article 36.03 to read as follows:
1-15 Art. 36.03. INVOCATION OF RULE. (a) Notwithstanding Rule
1-16 614, Texas Rules of Evidence, a court at the request of a party may
1-17 order the exclusion of a witness who for the purposes of the
1-18 prosecution is a victim, close relative of a deceased victim, or
1-19 guardian of a victim only if the witness is to testify and the
1-20 court determines that the testimony of the witness would be
1-21 materially affected if the witness hears other testimony at the
1-22 trial.
1-23 (b) On the objection of the opposing party, the court may
1-24 require the party requesting exclusion of a witness under
1-25 Subsection (a) to make an offer of proof to justify the exclusion.
1-26 (c) Subsection (a) does not limit the authority of the court
1-27 on its own motion to exclude a witness or other person to maintain
1-28 decorum in the courtroom.
1-29 (d) In this article:
1-30 (1) "Close relative of a deceased victim" and
1-31 "guardian of a victim" have the meanings assigned by Article 56.01.
1-32 (2) "Victim" means a victim of any criminal offense.
1-33 (e) At the commencement of a trial, the court shall admonish
1-34 each witness who is to testify as to those persons whom the court
1-35 determines the witness may talk to about the case before the trial
1-36 ends and those persons whom the witness may not talk to about the
1-37 case. The court may punish as contempt a witness who violates the
1-38 admonishment provided by the court.
1-39 SECTION 2. Article 42.037, Code of Criminal Procedure, is
1-40 amended by adding Subsection (o) to read as follows:
1-41 (o) The pardons and paroles division may waive a supervision
1-42 fee or an administrative fee imposed on an inmate under Section
1-43 508.182, Government Code, during any period in which the inmate is
1-44 required to pay restitution under this article.
1-45 SECTION 3. Articles 56.02(a) and (b), Code of Criminal
1-46 Procedure, are amended to read as follows:
1-47 (a) A victim, guardian of a victim, or close relative of a
1-48 deceased victim is entitled to the following rights within the
1-49 criminal justice system:
1-50 (1) the right to receive from law enforcement agencies
1-51 adequate protection from harm and threats of harm arising from
1-52 cooperation with prosecution efforts;
1-53 (2) the right to have the magistrate take the safety
1-54 of the victim or his family into consideration as an element in
1-55 fixing the amount of bail for the accused;
1-56 (3) the right, if requested, to be informed:
1-57 (A) by the attorney representing the state of
1-58 relevant court proceedings, including appellate proceedings, and to
1-59 be informed if those [court] proceedings have been canceled or
1-60 rescheduled prior to the event; and
1-61 (B) by an appellate court of decisions of the
1-62 court, after the decisions are entered but before the decisions are
1-63 made public;
1-64 (4) the right to be informed, when requested, by a
2-1 peace officer concerning the defendant's right to bail and the
2-2 procedures in criminal investigations and by the district
2-3 attorney's office concerning the general procedures in the criminal
2-4 justice system, including general procedures in guilty plea
2-5 negotiations and arrangements, restitution, and the appeals and
2-6 parole process;
2-7 (5) the right to provide pertinent information to a
2-8 probation department conducting a presentencing investigation
2-9 concerning the impact of the offense on the victim and his family
2-10 by testimony, written statement, or any other manner prior to any
2-11 sentencing of the offender;
2-12 (6) the right to receive information regarding
2-13 compensation to victims of crime as provided by Subchapter B[,
2-14 Chapter 56], including information related to the costs that may be
2-15 compensated under that subchapter [Act] and the amount of
2-16 compensation, eligibility for compensation, and procedures for
2-17 application for compensation under that subchapter [Act], the
2-18 payment for a medical examination under Article 56.06 [of this
2-19 code] for a victim of a sexual assault, and when requested, to
2-20 referral to available social service agencies that may offer
2-21 additional assistance;
2-22 (7) the right to be informed, upon request, of parole
2-23 procedures, to participate in the parole process, to be notified,
2-24 if requested, of parole proceedings concerning a defendant in the
2-25 victim's case, to provide to the Board of Pardons and Paroles for
2-26 inclusion in the defendant's file information to be considered by
2-27 the board prior to the parole of any defendant convicted of any
2-28 crime subject to this subchapter [Act], and to be notified, if
2-29 requested, of the defendant's release;
2-30 (8) the right to be provided with a waiting area,
2-31 separate or secure from other witnesses, including the offender and
2-32 relatives of the offender, before testifying in any proceeding
2-33 concerning the offender; if a separate waiting area is not
2-34 available, other safeguards should be taken to minimize the
2-35 victim's contact with the offender and the offender's relatives and
2-36 witnesses, before and during court proceedings;
2-37 (9) the right to prompt return of any property of the
2-38 victim that is held by a law enforcement agency or the attorney for
2-39 the state as evidence when the property is no longer required for
2-40 that purpose;
2-41 (10) the right to have the attorney for the state
2-42 notify the employer of the victim, if requested, of the necessity
2-43 of the victim's cooperation and testimony in a proceeding that may
2-44 necessitate the absence of the victim from work for good cause;
2-45 [and]
2-46 (11) the right to counseling, on request, regarding
2-47 acquired immune deficiency syndrome (AIDS) and human
2-48 immunodeficiency virus (HIV) infection and testing for acquired
2-49 immune deficiency syndrome (AIDS), human immunodeficiency virus
2-50 (HIV) infection, antibodies to HIV, or infection with any other
2-51 probable causative agent of AIDS, if the offense is an offense
2-52 under Section 21.11(a)(1), 22.011, or 22.021, Penal Code;
2-53 (12) the right to request victim-offender mediation
2-54 coordinated by the victim services division of the Texas Department
2-55 of Criminal Justice; and
2-56 (13) the right to be informed of the uses of a victim
2-57 impact statement and the statement's purpose in the criminal
2-58 justice system, to complete the victim impact statement, and to
2-59 have the victim impact statement considered:
2-60 (A) by the attorney representing the state and
2-61 the judge before sentencing or before a plea bargain agreement is
2-62 accepted; and
2-63 (B) by the Board of Pardons and Paroles before
2-64 an inmate is released on parole.
2-65 (b) A victim, guardian of a victim, or close relative of a
2-66 deceased victim is entitled to the right to be present at all
2-67 public court proceedings related to the offense, subject to the
2-68 approval of the judge in the case.
2-69 SECTION 4. Article 56.03(e), Code of Criminal Procedure, is
3-1 amended to read as follows:
3-2 (e) Prior to the imposition of a sentence by the court in a
3-3 criminal case, the court, if it has received a victim impact
3-4 statement, shall consider the information provided in the
3-5 statement. Before sentencing the defendant, the court shall permit
3-6 the defendant or his counsel a reasonable time to read the
3-7 statement, excluding the victim's name, address, and telephone
3-8 number, comment on the statement, and, with the approval of the
3-9 court, introduce testimony or other information alleging a factual
3-10 inaccuracy in the statement. If the court sentences the defendant
3-11 to a term of community supervision [probation], the court shall
3-12 forward any victim's impact statement received in the case to the
3-13 community supervision and corrections [probation] department
3-14 supervising the defendant, along with the papers in the case.
3-15 SECTION 5. Article 56.08, Code of Criminal Procedure, is
3-16 amended by adding Subsection (e) to read as follows:
3-17 (e) The brief general statement describing the plea
3-18 bargaining stage in a criminal trial required by Subsection (a)(1)
3-19 shall include a statement that:
3-20 (1) the victim impact statement provided by the
3-21 victim, guardian of a victim, or close relative of a deceased
3-22 victim will be considered by the attorney representing the state in
3-23 entering into the plea bargain agreement; and
3-24 (2) the judge before accepting the plea bargain is
3-25 required under Section 26.13(e) to ask:
3-26 (A) whether a victim impact statement has been
3-27 returned to the attorney; and
3-28 (B) if a statement has been returned, for a copy
3-29 of the statement.
3-30 SECTION 6. Article 56.12, Code of Criminal Procedure, is
3-31 amended to read as follows:
3-32 Art. 56.12. NOTIFICATION OF ESCAPE OR TRANSFER. (a) The
3-33 Texas Department of Criminal Justice shall immediately [make a
3-34 reasonable attempt to] notify the victim of an offense, the
3-35 victim's guardian, or the victim's close relative, if the victim is
3-36 deceased[, whenever the offender escapes from a facility operated
3-37 by the institutional division of the Texas Department of Criminal
3-38 Justice], if the victim, victim's guardian, or victim's close
3-39 relative has notified the institutional division as provided by
3-40 Subsection (b) of this article, whenever the offender:
3-41 (1) escapes from a facility operated by the
3-42 institutional division; or
3-43 (2) is transferred from the custody of the
3-44 institutional division to the custody of a peace officer under a
3-45 writ of attachment or a bench warrant. [An attempt by the Texas
3-46 Department of Criminal Justice to give notice to the victim, the
3-47 guardian of the victim, or a close relative of a deceased victim at
3-48 the victim's, the guardian of the victim's, or a close relative of
3-49 a deceased victim's last known telephone number or address as shown
3-50 on the records of the department constitutes a reasonable attempt
3-51 to give notice under this subsection.]
3-52 (b) It is the responsibility of the victim, guardian, or
3-53 close relative desiring notification of an offender's escape or
3-54 transfer from custody under a writ of attachment or bench warrant
3-55 to notify the Texas Department of Criminal Justice of the desire
3-56 for notification and any change of address.
3-57 (c) In providing notice under Subsection (a)(2), the
3-58 institutional division shall include the name, address, and
3-59 telephone number of the peace officer receiving the inmate into
3-60 custody. On returning the inmate to the custody of the
3-61 institutional division, the victim services division of the Texas
3-62 Department of Criminal Justice shall notify the victim, the
3-63 victim's guardian, or the victim's close relative if the victim is
3-64 deceased, of that fact.
3-65 SECTION 7. Subchapter A, Chapter 56, Code of Criminal
3-66 Procedure, is amended by adding Articles 56.13 and 56.14 to read as
3-67 follows:
3-68 Art. 56.13. VICTIM-OFFENDER MEDIATION. The victim services
3-69 division of the Texas Department of Criminal Justice shall:
4-1 (1) train volunteers to act as mediators between
4-2 victims, guardians of victims, and close relatives of deceased
4-3 victims and offenders whose criminal conduct caused bodily injury
4-4 or death to victims; and
4-5 (2) provide mediation services through referral of a
4-6 trained volunteer, if requested by a victim, guardian of a victim,
4-7 or close relative of a deceased victim.
4-8 Art. 56.14. CLEARINGHOUSE ANNUAL CONFERENCE. (a) The Texas
4-9 Crime Victim Clearinghouse may conduct an annual conference to
4-10 provide to participants in the criminal justice system training
4-11 containing information on crime victims' rights.
4-12 (b) The clearinghouse may charge fees to persons attending
4-13 the conference described by Subsection (a).
4-14 SECTION 8. Subchapter A, Chapter 56, Code of Criminal
4-15 Procedure, is amended by adding Article 56.15 to read as follows:
4-16 Art. 56.15. CUSTODY AND COURT INFORMATION AND NOTIFICATION
4-17 SYSTEM. (a) The victim services office of the Texas Department of
4-18 Criminal Justice shall establish, through funding from the
4-19 compensation to victims of crime fund, a program to implement and
4-20 operate a custody and court information and notification system to:
4-21 (1) establish a toll-free number that a person
4-22 anywhere in the state may call 24 hours a day, 365 days a year, for
4-23 information regarding:
4-24 (A) whether an offender has been released or
4-25 transferred or has escaped from custody;
4-26 (B) the location of an offender who has been
4-27 transferred; and
4-28 (C) scheduled public court proceedings and
4-29 dispositions related to a criminal offense; and
4-30 (2) notify the victim, or any concerned individual who
4-31 has provided the program with an address or telephone number as
4-32 required by Subsection (b), by telephone, facsimile, electronic
4-33 mail, letter, or any other reasonable means when there is a change
4-34 in:
4-35 (A) the custody status of the offender; or
4-36 (B) the schedule of a public court proceeding
4-37 related to the offense.
4-38 (b) It is the responsibility of the victim or a concerned
4-39 individual desiring notice under Subsection (a)(2) to provide the
4-40 victim services office of the Texas Department of Criminal Justice
4-41 with the telephone number, facsimile number, electronic mail
4-42 address, or address of the victim, concerned individual, or other
4-43 person through whom the victim or individual may be contacted and
4-44 to notify the victim services office of any change in telephone or
4-45 facsimile number, electronic mail address, or address of the
4-46 victim, individual, or other person. Information obtained and
4-47 maintained by the victim services office under this subsection is
4-48 privileged and confidential.
4-49 (c) A county may elect to participate in the program by
4-50 receiving computer equipment for county courts and corrections
4-51 facilities from the victim services office of the Texas Department
4-52 of Criminal Justice under Subsection (e)(2) and providing
4-53 information to the victim services office. The victim services
4-54 office shall notify a victim or a concerned individual immediately
4-55 if the victim services office receives from a participating county
4-56 information that:
4-57 (1) the offender has been released or transferred;
4-58 (2) there has been a change in the schedule for a
4-59 public court proceeding related to the offense; or
4-60 (3) the offender has escaped from custody.
4-61 (d) The victim services office of the Texas Department of
4-62 Criminal Justice shall make available information and notification
4-63 services provided under this article in English, Spanish, and any
4-64 other languages selected by the program.
4-65 (e) As part of the information and notification system, the
4-66 victim services office of the Texas Department of Criminal Justice
4-67 shall:
4-68 (1) establish an automated system to notify victims
4-69 and concerned individuals under Subsection (a)(2) by a computerized
5-1 telephone service;
5-2 (2) provide computer equipment to corrections
5-3 facilities and courts to enable the corrections facilities and
5-4 courts to automatically notify the victim services office to enable
5-5 the victim services office to notify victims and concerned
5-6 individuals of information regarding the custody status of an
5-7 offender or a scheduled public court proceeding related to a
5-8 criminal offense;
5-9 (3) establish a service for monitoring the information
5-10 and notification systems;
5-11 (4) establish a project management team for the
5-12 implementation and ongoing operation of the information and
5-13 notification system to enable the victim services office to
5-14 effectively carry out the administration of the information and
5-15 notification system;
5-16 (5) create a secure Internet site for victim advocacy
5-17 groups selected by the project management team, to view offender
5-18 information and register victims for written notification; and
5-19 (6) provide training or support materials to educate
5-20 the public, law enforcement, and victim service providers on the
5-21 services provided by the program under this article.
5-22 (f) This article may not be construed as altering any duty
5-23 that a law enforcement agency has under the laws of this state to
5-24 notify a crime victim or a person designated by the victim to
5-25 receive notice.
5-26 (g) The victim services office of the Texas Department of
5-27 Criminal Justice is immune from liability for good faith conduct
5-28 under this section.
5-29 SECTION 9. Article 56.541, Code of Criminal Procedure, is
5-30 amended by adding Subsection (g) to read as follows:
5-31 (g) The victim services office of the Texas Department of
5-32 Criminal Justice shall use money appropriated from the compensation
5-33 to victims of crime fund for grants or contracts supporting a
5-34 custody and court information and notification system established
5-35 under Article 56.15.
5-36 SECTION 10. Section 57.002, Family Code, is amended to read
5-37 as follows:
5-38 Sec. 57.002. VICTIM'S RIGHTS. (a) A victim, guardian of a
5-39 victim, or close relative of a deceased victim is entitled to the
5-40 following rights within the juvenile justice system:
5-41 (1) the right to receive from law enforcement agencies
5-42 adequate protection from harm and threats of harm arising from
5-43 cooperation with prosecution efforts;
5-44 (2) the right to have the court or person appointed by
5-45 the court take the safety of the victim or the victim's family into
5-46 consideration as an element in determining whether the child should
5-47 be detained before the child's conduct is adjudicated;
5-48 (3) the right, if requested, to be informed of
5-49 relevant court proceedings, including appellate proceedings, and to
5-50 be informed in a timely manner if those court proceedings have been
5-51 canceled or rescheduled;
5-52 (4) the right to be informed, when requested, by the
5-53 court or a person appointed by the court concerning the procedures
5-54 in the juvenile justice system, including general procedures
5-55 relating to:
5-56 (A) the preliminary investigation and deferred
5-57 prosecution of a case; and
5-58 (B) the appeal of the case;
5-59 (5) the right to provide pertinent information to a
5-60 juvenile court conducting a disposition hearing concerning the
5-61 impact of the offense on the victim and the victim's family by
5-62 testimony, written statement, or any other manner before the court
5-63 renders its disposition;
5-64 (6) the right to receive information regarding
5-65 compensation to victims as provided by Subchapter B, Chapter 56,
5-66 Code of Criminal Procedure, including information related to the
5-67 costs that may be compensated under that subchapter [Act] and the
5-68 amount of compensation, eligibility for compensation, and
5-69 procedures for application for compensation under that subchapter
6-1 [Act], the payment of medical expenses under Section 56.06, Code of
6-2 Criminal Procedure, for a victim of a sexual assault, and when
6-3 requested, to referral to available social service agencies that
6-4 may offer additional assistance;
6-5 (7) the right to be informed, upon request, of
6-6 procedures for release under supervision or transfer of the person
6-7 to the custody of the pardons and paroles division of the Texas
6-8 Department of Criminal Justice for parole, to participate in the
6-9 release or transfer for parole process, to be notified, if
6-10 requested, of the person's release, escape, or transfer for parole
6-11 proceedings concerning the person, to provide to the Texas Youth
6-12 Commission for inclusion in the person's file information to be
6-13 considered by the commission before the release under supervision
6-14 or transfer for parole of the person, and to be notified, if
6-15 requested, of the person's release or transfer for parole;
6-16 (8) the right to be provided with a waiting area,
6-17 separate or secure from other witnesses, including the child
6-18 alleged to have committed the conduct and relatives of the child,
6-19 before testifying in any proceeding concerning the child, or, if a
6-20 separate waiting area is not available, other safeguards should be
6-21 taken to minimize the victim's contact with the child and the
6-22 child's relatives and witnesses, before and during court
6-23 proceedings;
6-24 (9) the right to prompt return of any property of the
6-25 victim that is held by a law enforcement agency or the attorney for
6-26 the state as evidence when the property is no longer required for
6-27 that purpose;
6-28 (10) the right to have the attorney for the state
6-29 notify the employer of the victim, if requested, of the necessity
6-30 of the victim's cooperation and testimony in a proceeding that may
6-31 necessitate the absence of the victim from work for good cause;
6-32 (11) the right to be present at all public court
6-33 proceedings related to the conduct of the child as provided by
6-34 Section 54.08, subject to that section; and
6-35 (12) any other right appropriate to the victim that a
6-36 victim of criminal conduct has under Article 56.02, Code of
6-37 Criminal Procedure.
6-38 (b) In notifying a victim of the release or escape of a
6-39 person, the Texas Youth Commission shall use the same procedure
6-40 established for the notification of the release or escape of an
6-41 adult offender under Article 56.11, Code of Criminal Procedure.
6-42 SECTION 11. Section 76.016, Government Code, is amended to
6-43 read as follows:
6-44 Sec. 76.016. Victim Notification. (a) A department, using
6-45 the name and address provided by the attorney representing the
6-46 state under Article 56.08(d), Code of Criminal Procedure, shall
6-47 immediately [make a reasonable effort to] notify a victim of the
6-48 defendant's crime or, if the victim has a guardian or is deceased,
6-49 [to] notify the guardian of the victim or close relative of the
6-50 deceased victim of:
6-51 (1) the fact that the defendant has been placed on
6-52 community supervision;
6-53 (2) the conditions of community supervision imposed on
6-54 the defendant by the court; and
6-55 (3) the date, time, and location of any hearing or
6-56 proceeding at which the conditions of the defendant's community
6-57 supervision may be modified or the defendant's placement on
6-58 community supervision may be revoked or terminated.
6-59 (b) [An attempt by the department to give notice to the
6-60 victim, the guardian of the victim, or a close relative of a
6-61 deceased victim at the victim's, the guardian of the victim's, or a
6-62 close relative of a deceased victim's last known telephone number
6-63 or address as shown on the records of the department constitutes a
6-64 reasonable attempt to give notice under this section.]
6-65 [(c)] In this section, "close relative of a deceased
6-66 victim," "guardian of a victim," and "victim" have the meanings
6-67 assigned by Article 56.01, Code of Criminal Procedure.
6-68 SECTION 12. Subchapter B, Chapter 508, Government Code, is
6-69 amended by adding Section 508.0481 to read as follows:
7-1 Sec. 508.0481. VICTIM'S RIGHT TO REPRESENTATION. (a) If a
7-2 victim, close relative of a deceased victim, or guardian of a
7-3 victim is required by a subpoena issued under Section 508.048 to
7-4 appear at a hearing, the victim, relative, or guardian is entitled
7-5 to representation by counsel at the hearing.
7-6 (b) This section does not require the state to provide
7-7 representation by counsel to a victim, close relative of a deceased
7-8 victim, or guardian of a victim.
7-9 (c) In this section, "victim," "close relative of a deceased
7-10 victim," and "guardian of a victim" have the meanings assigned by
7-11 Section 508.117.
7-12 SECTION 13. Section 2009.053(a), Government Code, is amended
7-13 to read as follows:
7-14 (a) A governmental body may appoint a governmental officer
7-15 or employee or a private individual to serve as an impartial third
7-16 party in an alternative dispute resolution procedure. The
7-17 governmental body's appointment of the impartial third party is
7-18 subject to the approval of the parties, except:
7-19 (1) that when a State Office of Administrative
7-20 Hearings administrative law judge has issued an order referring a
7-21 case involving a state agency to an alternative dispute resolution
7-22 procedure under Section 2003.042(a)(5), the administrative law
7-23 judge may appoint the impartial third party for the parties if they
7-24 cannot agree on an impartial third party within a reasonable
7-25 period; or
7-26 (2) for a victim-offender mediation by the Texas
7-27 Department of Criminal Justice as described in Article 56.13, Code
7-28 of Criminal Procedure.
7-29 SECTION 14. Section 154.023, Civil Practice and Remedies
7-30 Code, is amended by adding Subsection (c) to read as follows:
7-31 (c) Mediation includes victim-offender mediation by the
7-32 Texas Department of Criminal Justice described in Article 56.13,
7-33 Code of Criminal Procedure.
7-34 SECTION 15. Section 154.073, Civil Practice and Remedies
7-35 Code, is amended by adding Subsection (g) to read as follows:
7-36 (g) This section applies to a victim-offender mediation by
7-37 the Texas Department of Criminal Justice as described in Article
7-38 56.13, Code of Criminal Procedure.
7-39 SECTION 16. Section 1701.253(b), Occupations Code, is amended
7-40 to read as follows:
7-41 (b) In establishing requirements under this section, the
7-42 commission shall require courses and programs to provide training
7-43 in:
7-44 (1) the investigation and documentation of cases that
7-45 involve:
7-46 (A) child abuse or neglect;
7-47 (B) family violence; and
7-48 (C) sexual assault; [and]
7-49 (2) issues concerning sex offender characteristics;
7-50 and
7-51 (3) crime victims' rights under Chapter 56, Code of
7-52 Criminal Procedure, and Chapter 57, Family Code, and the duty of
7-53 law enforcement agencies to ensure that a victim is afforded those
7-54 rights.
7-55 SECTION 17. The amendments to Section 2009.053(a),
7-56 Government Code, and Sections 154.023 and 154.073, Civil Practice
7-57 and Remedies Code, apply to a mediation procedure provided by the
7-58 Texas Department of Criminal Justice before, on, or after the
7-59 effective date of this Act.
7-60 SECTION 18. This Act takes effect September 1, 2001.
7-61 * * * * *