80R8717 SLO-D

By: Farias H.B. No. 2291

A BILL TO BE ENTITLED

AN ACT

relating to a victim-offender mediation program administered by juvenile boards and the collection of restitution on behalf of victims by juvenile probation departments.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 54, Family Code, is amended by adding Section 54.035 to read as follows:

Sec. 54.035. VICTIM-OFFENDER MEDIATION. (a) This section applies only to a child whose delinquent conduct or conduct indicating a need for supervision:

(1) causes a victim to suffer a pecuniary loss; and

(2) does not cause the victim or another to suffer physical injury or harm.

(b) The Texas Juvenile Probation Commission by rule shall establish guidelines for victim-offender mediation programs to be administered by juvenile boards. Each juvenile board shall implement and administer a victim-offender mediation program in accordance with the guidelines adopted by the Texas Juvenile Probation Commission. A juvenile court is required to inform a victim to whom this section applies of the victim's right to request victim-offender mediation.

(c) Under a victim-offender mediation program, a victim to whom this section applies may request mediation with the child who is alleged to have engaged in the delinquent conduct or conduct indicating a need for supervision. If the child agrees to participate in the victim-offender mediation and successfully completes the terms of any agreement reached during the mediation, the child is not subject to a disposition hearing under Section 54.04.

(d) Any agreement reached between the victim and the child during victim-offender mediation is binding and enforceable by the juvenile court. If an agreement is not reached between the victim and the child or if the child does not successfully complete the terms of the agreement, as determined by the juvenile court, the child is subject to a disposition hearing under Section 54.04.

SECTION 2. Section 57.002(a), Family Code, is amended to read as follows:

(a) A victim, guardian of a victim, or close relative of a deceased victim is entitled to the following rights within the juvenile justice system:

(1) the right to receive from law enforcement agencies adequate protection from harm and threats of harm arising from cooperation with prosecution efforts;

(2) the right to have the court or person appointed by the court take the safety of the victim or the victim's family into consideration as an element in determining whether the child should be detained before the child's conduct is adjudicated;

(3) the right, if requested, to be informed of relevant court proceedings, including appellate proceedings, and to be informed in a timely manner if those court proceedings have been canceled or rescheduled;

(4) the right to be informed, when requested, by the court or a person appointed by the court concerning the procedures in the juvenile justice system, including general procedures relating to:

(A) the preliminary investigation and deferred prosecution of a case; and

(B) the appeal of the case;

(5) the right to provide pertinent information to a juvenile court conducting a disposition hearing concerning the impact of the offense on the victim and the victim's family by testimony, written statement, or any other manner before the court renders its disposition;

(6) the right to receive information regarding compensation to victims as provided by Subchapter B, Chapter 56, Code of Criminal Procedure, including information related to the costs that may be compensated under that subchapter and the amount of compensation, eligibility for compensation, and procedures for application for compensation under that subchapter, the payment of medical expenses under Section 56.06, Code of Criminal Procedure, for a victim of a sexual assault, and when requested, to referral to available social service agencies that may offer additional assistance;

(7) the right to be informed, upon request, of procedures for release under supervision or transfer of the person to the custody of the pardons and paroles division of the Texas Department of Criminal Justice for parole, to participate in the release or transfer for parole process, to be notified, if requested, of the person's release, escape, or transfer for parole proceedings concerning the person, to provide to the Texas Youth Commission for inclusion in the person's file information to be considered by the commission before the release under supervision or transfer for parole of the person, and to be notified, if requested, of the person's release or transfer for parole;

(8) the right to be provided with a waiting area, separate or secure from other witnesses, including the child alleged to have committed the conduct and relatives of the child, before testifying in any proceeding concerning the child, or, if a separate waiting area is not available, other safeguards should be taken to minimize the victim's contact with the child and the child's relatives and witnesses, before and during court proceedings;

(9) the right to prompt return of any property of the victim that is held by a law enforcement agency or the attorney for the state as evidence when the property is no longer required for that purpose;

(10) the right to have the attorney for the state notify the employer of the victim, if requested, of the necessity of the victim's cooperation and testimony in a proceeding that may necessitate the absence of the victim from work for good cause;

(11) the right to be present at all public court proceedings related to the conduct of the child as provided by Section 54.08, subject to that section; [and]

(12) for a victim to whom Section 54.035 applies, the right to request victim-offender mediation under that section; and

(13) any other right appropriate to the victim that a victim of criminal conduct has under Article 56.02, Code of Criminal Procedure.

SECTION 3. Subchapter C, Chapter 141, Human Resources Code, is amended by adding Section 141.055 to read as follows:

Sec. 141.055. RESTITUTION MONITORING. The commission shall monitor the success of juvenile probation departments in collecting restitution from a child who:

(1) has been adjudicated as having engaged in delinquent conduct or conduct indicating a need for supervision; and

(2) is required by a juvenile court to make restitution to the victim of the child's conduct.

SECTION 4. (a) Not later than December 1, 2007, the Texas Juvenile Probation Commission shall establish guidelines for victim-offender mediation programs as required by Section 54.035, Family Code, as added by this Act.

(b) The change in law made by Section 54.035, Family Code, as added by this Act, applies only to conduct that occurs on or after January 1, 2008. Conduct that occurs before January 1, 2008, is governed by the law in effect when the conduct occurred, and the former law is continued in effect for that purpose. For purposes of this section, conduct occurs before January 1, 2008, if any element of the violation occurs before that date.

SECTION 5. This Act takes effect September 1, 2007.