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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights of victims of property crimes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 56, Code of Criminal Procedure, is |
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amended by adding Subchapter A-1 to read as follows: |
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SUBCHAPTER A-1. PROPERTY CRIME VICTIMS' RIGHTS |
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Art. 56.21. DEFINITION. In this subchapter, "victim" means |
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a person who has suffered pecuniary loss due to a felony committed |
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in violation of Title 7, Penal Code. |
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Art. 56.22. PROPERTY CRIME VICTIMS' RIGHTS. (a) A victim |
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is entitled to the following rights within the criminal justice |
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system: |
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(1) the right, if requested, to be informed by the |
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attorney representing the state of relevant court proceedings, |
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including appellate proceedings, and to be informed if those |
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proceedings have been canceled or rescheduled before the event; |
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(2) the right to be informed, when requested, by a |
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peace officer concerning the defendant's right to bail and the |
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procedures in criminal investigations and by the office of the |
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attorney representing the state concerning the general procedures |
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in the criminal justice system, including general procedures in |
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guilty plea negotiations and arrangements, restitution, and the |
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appeals and parole process; |
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(3) the right to provide pertinent information to a |
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probation department conducting a presentencing investigation |
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concerning the impact of the offense on the victim and the victim's |
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family by testimony, written statement, or any other manner before |
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any sentencing of the defendant; |
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(4) the right to prompt return of any property of the |
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victim that is held by a law enforcement agency or the attorney |
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representing the state as evidence when the property is no longer |
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required for that purpose; |
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(5) the right to have the attorney representing the |
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state notify the employer of the victim, if requested, of the |
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necessity of the victim's cooperation and testimony in a proceeding |
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that may necessitate the absence of the victim from work for good |
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cause; and |
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(6) the right to express a preference to the attorney |
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representing the state concerning an appropriate sentence for the |
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defendant, including whether an order for restitution to the victim |
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would be appropriate. |
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(b) A victim is entitled to the right to be present at all |
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public court proceedings related to the offense, subject to the |
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approval of the judge in the case. |
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(c) The office of the attorney representing the state, and |
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the sheriff, police, and other law enforcement agencies shall |
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ensure to the extent practicable that a victim is afforded the |
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rights granted by Subsection (a) and, on request, an explanation of |
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those rights. |
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(d) A judge, attorney representing the state, peace |
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officer, or law enforcement agency is not liable for a failure or |
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inability to provide a right provided by this article. The failure |
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or inability of any person to provide a right or service provided by |
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this article may not be used by a defendant in a criminal case as a |
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ground for appeal, a ground to set aside the conviction or sentence, |
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or a ground in a habeas corpus petition. A victim does not have |
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standing to participate as a party in a criminal proceeding or to |
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contest the disposition of any charge. |
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Art. 56.23. NOTIFICATION. At the initial contact or at the |
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earliest possible time after the initial contact between the victim |
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and the law enforcement agency having the responsibility for |
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investigating the crime committed against the victim, that agency |
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shall provide the victim a written notice containing the rights of |
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property crime victims under Article 56.22. |
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SECTION 2. The changes in law made by this Act apply only to |
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a property crime reported on or after the effective date of this |
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Act. A property crime reported before the effective date of this |
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Act is governed by the law in effect on the date the crime is |
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reported, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |