By Brown of Kaufman H.B. No. 1805
77R7133 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notice of plea bargains and the dismissal of charges in
1-3 a criminal case.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 32, Code of Criminal Procedure, is amended
1-6 by adding Article 32.03 to read as follows:
1-7 Art. 32.03. NOTICE BEFORE DISMISSAL. (a) In this article,
1-8 "close relative of a deceased victim," "guardian of a victim," and
1-9 "victim" have the meanings assigned those terms by Article 56.01.
1-10 (b) The written statement of the attorney representing the
1-11 state required by Article 32.02 must contain, in addition to a
1-12 statement of the attorney's reasons for requesting dismissal:
1-13 (1) a statement as to whether, if a close relative of
1-14 a deceased victim, guardian of a victim, or victim was listed in
1-15 the charging instrument, the files of the attorney representing the
1-16 state, or the victim impact statement, the attorney contacted or
1-17 attempted to contact that person and inform the person:
1-18 (A) of the attorney's intent to request
1-19 dismissal; and
1-20 (B) that the person has a right to object to the
1-21 dismissal; and
1-22 (2) the date, if any:
1-23 (A) on which information described by
1-24 Subdivision (1) was provided to a close relative of a deceased
2-1 victim, guardian of a victim, or victim; and
2-2 (B) by which the person was requested to state
2-3 to the attorney any objection to the request for dismissal.
2-4 (c) A judge who receives a written notice stating an
2-5 objection to a request for dismissal from a close relative of a
2-6 deceased victim, guardian of a victim, or victim may defer ruling
2-7 on the request until the person objecting is allowed to fully
2-8 present the objection to the judge.
2-9 SECTION 2. Article 56.02(a), Code of Criminal Procedure, is
2-10 amended to read as follows:
2-11 (a) A victim, guardian of a victim, or close relative of a
2-12 deceased victim is entitled to the following rights within the
2-13 criminal justice system:
2-14 (1) the right to receive from law enforcement agencies
2-15 adequate protection from harm and threats of harm arising from
2-16 cooperation with prosecution efforts;
2-17 (2) the right to have the magistrate take the safety
2-18 of the victim or his family into consideration as an element in
2-19 fixing the amount of bail for the accused;
2-20 (3) the right, if requested, to be informed of
2-21 relevant court proceedings and to be informed if those court
2-22 proceedings have been canceled or rescheduled prior to the event;
2-23 (4) the right to be informed, when requested, by a
2-24 peace officer concerning the defendant's right to bail and the
2-25 procedures in criminal investigations and by the district
2-26 attorney's office concerning the general procedures in the criminal
2-27 justice system, including general procedures in guilty plea
3-1 negotiations and arrangements, restitution, and the appeals and
3-2 parole process;
3-3 (5) the right to provide pertinent information to a
3-4 community supervision and corrections [probation] department
3-5 conducting a presentencing investigation concerning the impact of
3-6 the offense on the victim and his family by testimony, written
3-7 statement, or any other manner prior to any sentencing of the
3-8 offender;
3-9 (6) the right to receive information regarding
3-10 compensation to victims of crime as provided by Subchapter B,
3-11 [Chapter 56,] including information related to the costs that may
3-12 be compensated under that subchapter [Act] and the amount of
3-13 compensation, eligibility for compensation, and procedures for
3-14 application for compensation under that subchapter [Act], the
3-15 payment for a medical examination under Article 56.06 [of this
3-16 code] for a victim of a sexual assault, and when requested, to
3-17 referral to available social service agencies that may offer
3-18 additional assistance;
3-19 (7) the right to be informed, upon request, of parole
3-20 procedures, to participate in the parole process, to be notified,
3-21 if requested, of parole proceedings concerning a defendant in the
3-22 victim's case, to provide to the Board of Pardons and Paroles for
3-23 inclusion in the defendant's file information to be considered by
3-24 the board prior to the parole of any defendant convicted of any
3-25 crime subject to this subchapter [Act], and to be notified, if
3-26 requested, of the defendant's release;
3-27 (8) the right to be provided with a waiting area,
4-1 separate or secure from other witnesses, including the offender and
4-2 relatives of the offender, before testifying in any proceeding
4-3 concerning the offender; if a separate waiting area is not
4-4 available, other safeguards should be taken to minimize the
4-5 victim's contact with the offender and the offender's relatives and
4-6 witnesses, before and during court proceedings;
4-7 (9) the right to prompt return of any property of the
4-8 victim that is held by a law enforcement agency or the attorney for
4-9 the state as evidence when the property is no longer required for
4-10 that purpose;
4-11 (10) the right to have the attorney for the state
4-12 notify the employer of the victim, if requested, of the necessity
4-13 of the victim's cooperation and testimony in a proceeding that may
4-14 necessitate the absence of the victim from work for good cause;
4-15 [and]
4-16 (11) the right to counseling, on request, regarding
4-17 acquired immune deficiency syndrome (AIDS) and human
4-18 immunodeficiency virus (HIV) infection and testing for acquired
4-19 immune deficiency syndrome (AIDS), human immunodeficiency virus
4-20 (HIV) infection, antibodies to HIV, or infection with any other
4-21 probable causative agent of AIDS, if the offense is an offense
4-22 under Section 21.11(a)(1), 22.011, or 22.021, Penal Code; and
4-23 (12) the right to reasonable notice and an opportunity
4-24 to object to the dismissal of criminal charges, as circumstances
4-25 reasonably allow.
4-26 SECTION 3. Article 56.08(b), Code of Criminal Procedure, is
4-27 amended to read as follows:
5-1 (b) If requested by the victim, the attorney representing
5-2 the state, as far as reasonably practical, shall give to the victim
5-3 notice of any scheduled court proceedings, changes in that
5-4 schedule, the filing of a request for continuance of a trial
5-5 setting, and, as may be reasonable under the circumstances, any
5-6 anticipated plea agreements or dismissals of criminal charges to be
5-7 presented to the court. Notice of a dismissal of criminal charges
5-8 must specifically state the name and address of the court in which
5-9 the dismissal may be granted, the cause number and style of the
5-10 case, and the date by which the victim must deliver to the court
5-11 any written objection to the request for dismissal.
5-12 SECTION 4. This Act takes effect September 1, 2001, and
5-13 applies to any dismissal that occurs on or after that date.