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.