81R12945 PEP-D
 
  By: Hartnett, Moody, et al. H.B. No. 2584
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the right of certain child crime victims to a speedy
  trial and to be considered with respect to a defendant's motion for
  continuance.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 56.02(a), Code of Criminal Procedure, 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
  criminal 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 magistrate take the safety of
  the victim or his family into consideration as an element in fixing
  the amount of bail for the accused;
               (3)  the right, if requested, to be informed:
                     (A)  by the attorney representing the state of
  relevant court proceedings, including appellate proceedings, and
  to be informed if those proceedings have been canceled or
  rescheduled prior to the event; and
                     (B)  by an appellate court of decisions of the
  court, after the decisions are entered but before the decisions are
  made public;
               (4)  the right to be informed, when requested, by a
  peace officer concerning the defendant's right to bail and the
  procedures in criminal investigations and by the district
  attorney's office concerning the general procedures in the criminal
  justice system, including general procedures in guilty plea
  negotiations and arrangements, restitution, and the appeals and
  parole process;
               (5)  the right to provide pertinent information to a
  probation department conducting a presentencing investigation
  concerning the impact of the offense on the victim and his family by
  testimony, written statement, or any other manner prior to any
  sentencing of the offender;
               (6)  the right to receive information regarding
  compensation to victims of crime as provided by Subchapter B,
  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 for a medical examination under
  Article 56.06 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 parole
  procedures, to participate in the parole process, to be notified,
  if requested, of parole proceedings concerning a defendant in the
  victim's case, to provide to the Board of Pardons and Paroles for
  inclusion in the defendant's file information to be considered by
  the board prior to the parole of any defendant convicted of any
  crime subject to this subchapter, and to be notified, if requested,
  of the defendant's release;
               (8)  the right to be provided with a waiting area,
  separate or secure from other witnesses, including the offender and
  relatives of the offender, before testifying in any proceeding
  concerning the offender; if a separate waiting area is not
  available, other safeguards should be taken to minimize the
  victim's contact with the offender and the offender'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 counseling, on request, regarding
  acquired immune deficiency syndrome (AIDS) and human
  immunodeficiency virus (HIV) infection and testing for acquired
  immune deficiency syndrome (AIDS), human immunodeficiency virus
  (HIV) infection, antibodies to HIV, or infection with any other
  probable causative agent of AIDS, if the offense is an offense under
  Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code;
               (12)  the right to request victim-offender mediation
  coordinated by the victim services division of the Texas Department
  of Criminal Justice;
               (13)  the right to be informed of the uses of a victim
  impact statement and the statement's purpose in the criminal
  justice system, to complete the victim impact statement, and to
  have the victim impact statement considered:
                     (A)  by the attorney representing the state and
  the judge before sentencing or before a plea bargain agreement is
  accepted; and
                     (B)  by the Board of Pardons and Paroles before an
  inmate is released on parole; [and]
               (14)  except as provided by Article 56.06(a), for a
  victim of a sexual assault, the right to a forensic medical
  examination if the sexual assault is reported to a law enforcement
  agency within 96 hours of the assault; and
               (15)  for a child younger than 17 years of age who is
  the victim of an assault or sexual assault, the right, on request by
  the attorney representing the state, to a speedy trial consistent
  with the defendant's right to a fair trial, including the right to
  have the court consider the impact on the victim of a continuance
  requested by the defendant and, if the continuance is granted, the
  right, on request by the attorney representing the state or by the
  victim, to have the court state on the record the reason for the
  continuance.
         SECTION 2.  Chapter 29, Code of Criminal Procedure, is
  amended by adding Article 29.14 to read as follows:
         Art. 29.14.  CONSIDERATION OF IMPACT ON CERTAIN CHILD
  VICTIMS. (a)  This article applies only to a child younger than 17
  years of age who is the victim of an assault or sexual assault.
         (b)  On request by the attorney representing the state, a
  court that considers a motion for continuance on the part of the
  defendant shall also consider the impact of the continuance on the
  victim. If the court grants the motion, the court, on request by
  the attorney representing the state or by the victim, shall state on
  the record the reason for the continuance.
         SECTION 3.  The change in law made by this Act applies only
  to a criminal proceeding that commences on or after the effective
  date of this Act. A criminal proceeding that commenced before the
  effective date of this Act is governed by the law in effect on the
  date the proceeding commenced, and the former law is continued in
  effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2009.