H.B. No. 4173
 
 
 
 
AN ACT
  relating to the nonsubstantive revision of certain provisions of
  the Code of Criminal Procedure, including conforming amendments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. NONSUBSTANTIVE REVISION OF CERTAIN PROVISIONS OF THE
  CODE OF CRIMINAL PROCEDURE
         SECTION 1.01.  Chapter 1, Code of Criminal Procedure, is amended by adding Articles 1.025 and 1.026 to read as follows:
 
  CHAPTER 1. GENERAL PROVISIONS
  Art. 1.025.  SEVERABILITY 
  Art. 1.026.  CONSTRUCTION 
  CHAPTER 1. GENERAL PROVISIONS
         Art. 1.025.  SEVERABILITY. If any provision of this code or
  its application to any person or circumstance is held invalid, the
  invalidity does not affect other provisions or applications of the
  code that can be given effect without the invalid provision or
  application, and to this end the provisions of this code are
  severable. (Code Crim. Proc., Art. 54.01.)
         Art. 1.026.  CONSTRUCTION. The articles contained in
  Chapter 722 (S.B. 107), Acts of the 59th Legislature, Regular
  Session, 1965, as revised, rewritten, changed, combined, and
  codified, may not be construed as a continuation of former laws
  except as otherwise provided in that Act. (Code Crim. Proc., Art.
  54.02, Sec. 2(a) (part).)
         SECTION 1.02.  Title 1, Code of Criminal Procedure, is amended by adding Chapter 7B to read as follows:
 
  CHAPTER 7B. PROTECTIVE ORDERS
  SUBCHAPTER A. PROTECTIVE ORDER FOR VICTIMS OF SEXUAL ASSAULT OR
  ABUSE, STALKING, OR TRAFFICKING
  Art. 7B.001.  APPLICATION FOR PROTECTIVE ORDER 
  Art. 7B.002.  TEMPORARY EX PARTE ORDER 
  Art. 7B.003.  REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
                 ORDER 
  Art. 7B.004.  HEARSAY STATEMENT OF CHILD VICTIM 
  Art. 7B.005.  CONDITIONS SPECIFIED BY PROTECTIVE ORDER 
  Art. 7B.006.  WARNING ON PROTECTIVE ORDER 
  Art. 7B.007.  DURATION OF PROTECTIVE ORDER; RESCISSION 
  Art. 7B.008.  APPLICATION OF OTHER LAW 
  SUBCHAPTER B. STALKING PROTECTIVE ORDER
  Art. 7B.051.  REQUEST FOR PROTECTIVE ORDER 
  Art. 7B.052.  REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
                 ORDER 
  Art. 7B.053.  ENFORCEMENT 
  SUBCHAPTER C. PROTECTIVE ORDER PROHIBITING OFFENSE MOTIVATED BY
  BIAS OR PREJUDICE
  Art. 7B.101.  REQUEST FOR PROTECTIVE ORDER 
  Art. 7B.102.  REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
                 ORDER 
  Art. 7B.103.  ENFORCEMENT 
  Art. 7B.104.  REPORTING 
  CHAPTER 7B. PROTECTIVE ORDERS
  SUBCHAPTER A. PROTECTIVE ORDER FOR VICTIMS OF SEXUAL ASSAULT OR
  ABUSE, STALKING, OR TRAFFICKING
         Art. 7B.001.  APPLICATION FOR PROTECTIVE ORDER. (a)  The
  following persons may file an application for a protective order
  under this subchapter without regard to the relationship between
  the applicant and the alleged offender:
               (1)  a person who is the victim of an offense under
  Section 21.02, 21.11, 22.011, 22.021, or 42.072, Penal Code;
               (2)  a person who is the victim of an offense under
  Section 20A.02, 20A.03, or 43.05, Penal Code;
               (3)  a parent or guardian acting on behalf of a person
  younger than 17 years of age who is the victim of an offense listed
  in Subdivision (1);
               (4)  a parent or guardian acting on behalf of a person
  younger than 18 years of age who is the victim of an offense listed
  in Subdivision (2); or
               (5)  a prosecuting attorney acting on behalf of a
  person described by Subdivision (1), (2), (3), or (4).
         (b)  An application for a protective order under this
  subchapter may be filed in:
               (1)  a district court, juvenile court having the
  jurisdiction of a district court, statutory county court, or
  constitutional county court in:
                     (A)  the county in which the applicant resides;
                     (B)  the county in which the alleged offender
  resides; or
                     (C)  any county in which an element of the alleged
  offense occurred; or
               (2)  any court with jurisdiction over a protective
  order under Title 4, Family Code, involving the same parties named
  in the application. (Code Crim. Proc., Art. 7A.01.)
         Art. 7B.002.  TEMPORARY EX PARTE ORDER.  If the court finds
  from the information contained in an application for a protective
  order that there is a clear and present danger of sexual assault or
  abuse, stalking, trafficking, or other harm to the applicant, the
  court, without further notice to the alleged offender and without a
  hearing, may issue a temporary ex parte order for the protection of
  the applicant or any other member of the applicant's family or
  household. (Code Crim. Proc., Art. 7A.02.)
         Art. 7B.003.  REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
  ORDER. (a)  At the close of a hearing on an application for a
  protective order under this subchapter, the court shall find
  whether there are reasonable grounds to believe that the applicant
  is the victim of sexual assault or abuse, stalking, or trafficking.
         (b)  If the court finds that there are reasonable grounds to
  believe that the applicant is the victim of sexual assault or abuse,
  stalking, or trafficking, the court shall issue a protective order
  that includes a statement of the required findings. (Code Crim.
  Proc., Art. 7A.03.)
         Art. 7B.004.  HEARSAY STATEMENT OF CHILD VICTIM. In a
  hearing on an application for a protective order under this
  subchapter, a statement that is made by a child younger than 14
  years of age who is the victim of an offense under Section 21.02,
  21.11, 22.011, or 22.021, Penal Code, and that describes the
  offense committed against the child is admissible as evidence in
  the same manner that a child's statement regarding alleged abuse
  against the child is admissible under Section 104.006, Family Code,
  in a suit affecting the parent-child relationship. (Code Crim.
  Proc., Art. 7A.035.)
         Art. 7B.005.  CONDITIONS SPECIFIED BY PROTECTIVE ORDER. (a)
  In a protective order issued under this subchapter, the court may:
               (1)  order the alleged offender to take action as
  specified by the court that the court determines is necessary or
  appropriate to prevent or reduce the likelihood of future harm to
  the applicant or a member of the applicant's family or household; or
               (2)  prohibit the alleged offender from:
                     (A)  communicating:
                           (i)  directly or indirectly with the
  applicant or any member of the applicant's family or household in a
  threatening or harassing manner; or
                           (ii)  in any manner with the applicant or any
  member of the applicant's family or household except through the
  applicant's attorney or a person appointed by the court, if the
  court finds good cause for the prohibition;
                     (B)  going to or near the residence, place of
  employment or business, or child-care facility or school of the
  applicant or any member of the applicant's family or household;
                     (C)  engaging in conduct directed specifically
  toward the applicant or any member of the applicant's family or
  household, including following the person, that is reasonably
  likely to harass, annoy, alarm, abuse, torment, or embarrass the
  person; and
                     (D)  possessing a firearm, unless the alleged
  offender is a peace officer, as defined by Section 1.07, Penal Code,
  actively engaged in employment as a sworn, full-time paid employee
  of a state agency or political subdivision.
         (b)  In a protective order that includes a condition
  described by Subsection (a)(2)(B), the court shall specifically
  describe each prohibited location and the minimum distance from the
  location, if any, that the alleged offender must maintain. This
  subsection does not apply to a protective order with respect to
  which the court has received a request to maintain confidentiality
  of information revealing the locations.
         (c)  In a protective order, the court may suspend a license
  to carry a handgun issued under Section 411.177, Government Code,
  that is held by the alleged offender. (Code Crim. Proc., Art.
  7A.05.)
         Art. 7B.006.  WARNING ON PROTECTIVE ORDER. (a) Each
  protective order issued under this subchapter, including a
  temporary ex parte order, must contain the following prominently
  displayed statements in boldfaced type, in capital letters, or
  underlined:
         "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
  CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
  JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
         "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
  ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
  PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
  VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
  UNLESS A COURT CHANGES THE ORDER."
         "IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
  DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
  AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
  SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
  FIREARM OR AMMUNITION."
         (b)  Each protective order issued under this subchapter,
  except for a temporary ex parte order, must contain the following
  prominently displayed statement in boldfaced type, in capital
  letters, or underlined:
         "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
  BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
  CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
  RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE
  OFFENSE IN ADDITION TO A VIOLATION OF THIS ORDER." (Code Crim.
  Proc., Art. 7A.06.)
         Art. 7B.007.  DURATION OF PROTECTIVE ORDER; RESCISSION. (a)
  A protective order issued under Article 7B.003 may be effective for
  the duration of the lives of the offender and victim or for any
  shorter period stated in the order.  If a period is not stated in the
  order, the order is effective until the second anniversary of the
  date the order was issued.
         (b)  The following persons may file at any time an
  application with the court to rescind the protective order:
               (1)  a victim of an offense listed in Article
  7B.001(a)(1) who is 17 years of age or older or a parent or guardian
  acting on behalf of a victim who is younger than 17 years of age; or
               (2)  a victim of an offense listed in Article
  7B.001(a)(2) or a parent or guardian acting on behalf of a victim
  who is younger than 18 years of age.
         (c)  To the extent of any conflict with Section 85.025,
  Family Code, this article prevails. (Code Crim. Proc., Art.
  7A.07.)
         Art. 7B.008.  APPLICATION OF OTHER LAW. To the extent
  applicable, except as otherwise provided by this subchapter, Title
  4, Family Code, applies to a protective order issued under this
  subchapter. (Code Crim. Proc., Art. 7A.04.)
  SUBCHAPTER B. STALKING PROTECTIVE ORDER
         Art. 7B.051.  REQUEST FOR PROTECTIVE ORDER. (a) At any
  proceeding related to an offense under Section 42.072, Penal Code,
  in which the defendant appears before the court, a person may
  request the court to issue a protective order under Title 4, Family
  Code, for the protection of the person.
         (b)  The request under Subsection (a) is made by filing an
  application for a protective order in the same manner as an
  application for a protective order under Title 4, Family Code.
  (Code Crim. Proc., Art. 6.09(a).)
         Art. 7B.052.  REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
  ORDER. The court shall issue a protective order in the manner
  provided by Title 4, Family Code, if, in lieu of the finding that
  family violence occurred and is likely to occur in the future as
  required by Section 85.001, Family Code, the court finds that:
               (1)  probable cause exists to believe that an offense
  under Section 42.072, Penal Code, was committed; and
               (2)  the nature of the scheme or course of conduct
  engaged in by the defendant in committing the offense indicates the
  defendant is likely in the future to engage in conduct prohibited by
  Section 42.072(a)(1), (2), or (3), Penal Code. (Code Crim. Proc.,
  Art. 6.09(b).)
         Art. 7B.053.  ENFORCEMENT. The procedure for the
  enforcement of a protective order under Title 4, Family Code,
  applies to the fullest extent practicable to the enforcement of a
  protective order under this subchapter, including provisions
  relating to findings, contents, duration, warning, delivery, law
  enforcement duties, and modification. (Code Crim. Proc., Art.
  6.09(c).)
  SUBCHAPTER C. PROTECTIVE ORDER PROHIBITING OFFENSE MOTIVATED BY
  BIAS OR PREJUDICE
         Art. 7B.101.  REQUEST FOR PROTECTIVE ORDER. A person may
  request the court to issue a protective order under Title 4, Family
  Code, for the protection of the person at any proceeding:
               (1)  in which the defendant appears in constitutional
  county court, statutory county court, or district court;
               (2)  that is related to an offense under Title 5, Penal
  Code, or Section 28.02, 28.03, or 28.08, Penal Code; and
               (3)  in which it is alleged that the defendant
  committed the offense because of bias or prejudice as described by
  Article 42.014. (Code Crim. Proc., Art. 6.08(a).)
         Art. 7B.102.  REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
  ORDER. The court shall issue a protective order in the manner
  provided by Title 4, Family Code, if, in lieu of the finding that
  family violence occurred and is likely to occur in the future as
  required by Section 85.001, Family Code, the court finds that:
               (1)  probable cause exists to believe that an offense
  under Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal
  Code, was committed;
               (2)  the defendant committed the offense because of
  bias or prejudice; and
               (3)  the nature of the scheme or course of conduct
  engaged in by the defendant in committing the offense indicates the
  defendant is likely in the future to:
                     (A)  engage in conduct prohibited by Title 5,
  Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code; and
                     (B)  engage in that conduct described by Paragraph
  (A) because of bias or prejudice. (Code Crim. Proc., Art. 6.08(b).)
         Art. 7B.103.  ENFORCEMENT. The procedure for the
  enforcement of a protective order under Title 4, Family Code,
  applies to the fullest extent practicable to the enforcement of a
  protective order under this subchapter, including provisions
  relating to findings, contents, duration, warning, delivery, law
  enforcement duties, and modification, except that:
               (1)  the printed statement on the warning must refer to
  the prosecution of subsequent offenses committed because of bias or
  prejudice;
               (2)  the court shall require a constable to serve a
  protective order issued under this subchapter; and
               (3)  the clerk of the court shall forward a copy of a
  protective order issued under this subchapter to the Department of
  Public Safety with a designation indicating that the order was
  issued to prevent offenses committed because of bias or prejudice.
  (Code Crim. Proc., Art. 6.08(c).)
         Art. 7B.104.  REPORTING. For an original or modified
  protective order issued under this subchapter, on receipt of the
  order from the clerk of the court, a law enforcement agency shall
  immediately, but not later than the 10th day after the date the
  order is received, enter the information required by Section
  411.042(b)(6), Government Code, into the statewide law enforcement
  information system maintained by the Department of Public Safety.  
  (Code Crim. Proc., Art. 6.08(d).)
         SECTION 1.03.  Title 1, Code of Criminal Procedure, is amended by adding Chapter 19A to read as follows:
 
  CHAPTER 19A. GRAND JURY ORGANIZATION
  SUBCHAPTER A. GENERAL PROVISIONS
  Art. 19A.001.  DEFINITIONS 
  SUBCHAPTER B. SELECTION AND SUMMONS OF PROSPECTIVE GRAND JURORS
  Art. 19A.051.  SELECTION AND SUMMONS OF PROSPECTIVE
                  GRAND JURORS 
  Art. 19A.052.  QUALIFIED PERSONS SUMMONED 
  Art. 19A.053.  ADDITIONAL QUALIFIED PERSONS SUMMONED 
  Art. 19A.054.  FAILURE TO ATTEND 
  SUBCHAPTER C. GRAND JUROR QUALIFICATIONS; EXCUSES FROM SERVICE
  Art. 19A.101.  GRAND JUROR QUALIFICATIONS 
  Art. 19A.102.  TESTING QUALIFICATIONS OF PROSPECTIVE
                  GRAND JURORS 
  Art. 19A.103.  QUALIFIED GRAND JURORS ACCEPTED 
  Art. 19A.104.  PERSONAL INFORMATION CONFIDENTIAL 
  Art. 19A.105.  EXCUSES FROM GRAND JURY SERVICE 
  SUBCHAPTER D. CHALLENGE TO ARRAY OR GRAND JUROR
  Art. 19A.151.  ANY PERSON MAY CHALLENGE 
  Art. 19A.152.  CHALLENGE TO ARRAY 
  Art. 19A.153.  CHALLENGE TO GRAND JUROR 
  Art. 19A.154.  DETERMINATION OF VALIDITY OF CHALLENGE 
  Art. 19A.155.  ADDITIONAL PROSPECTIVE GRAND JURORS
                  SUMMONED FOLLOWING CHALLENGE 
  SUBCHAPTER E. IMPANELING OF GRAND JURY
  Art. 19A.201.  GRAND JURY IMPANELED 
  Art. 19A.202.  OATH OF GRAND JURORS 
  Art. 19A.203.  FOREPERSON 
  Art. 19A.204.  COURT INSTRUCTIONS 
  SUBCHAPTER F. ORGANIZATION AND TERM OF GRAND JURY
  Art. 19A.251.  QUORUM 
  Art. 19A.252.  DISQUALIFICATION OR UNAVAILABILITY OF
                  GRAND JUROR 
  Art. 19A.253.  RECUSAL OF GRAND JUROR 
  Art. 19A.254.  REASSEMBLY OF GRAND JURY 
  Art. 19A.255.  EXTENSION OF TERM 
  SUBCHAPTER G. BAILIFFS
  Art. 19A.301.  BAILIFFS APPOINTED; COMPENSATION 
  Art. 19A.302.  BAILIFF'S DUTIES 
  Art. 19A.303.  BAILIFF'S VIOLATION OF DUTY 
  CHAPTER 19A. GRAND JURY ORGANIZATION
  SUBCHAPTER A. GENERAL PROVISIONS
         Art. 19A.001.  DEFINITIONS. In this chapter:
               (1)  "Array" means the whole body of persons summoned
  to serve as grand jurors before the grand jurors have been
  impaneled.
               (2)  "Panel" means the whole body of grand jurors.
  (Code Crim. Proc., Arts. 19.28, 19.29 (part).)
  SUBCHAPTER B. SELECTION AND SUMMONS OF PROSPECTIVE GRAND JURORS
         Art. 19A.051.  SELECTION AND SUMMONS OF PROSPECTIVE GRAND
  JURORS. (a) The district judge shall direct that the number of
  prospective grand jurors the judge considers necessary to ensure an
  adequate number of grand jurors under Article 19A.201 be selected
  and summoned, with return on summons.
         (b)  The prospective grand jurors shall be selected and
  summoned in the same manner as for the selection and summons of
  panels for the trial of civil cases in the district courts.
         (c)  The judge shall test the qualifications for and excuses
  from service as a grand juror and impanel the completed grand jury
  as provided by this chapter. (Code Crim. Proc., Art. 19.01.)
         Art. 19A.052.  QUALIFIED PERSONS SUMMONED. On directing the
  sheriff to summon grand jurors, the court shall instruct the
  sheriff to not summon a person to serve as a grand juror who does not
  possess the qualifications prescribed by law. (Code Crim. Proc.,
  Art. 19.20.)
         Art. 19A.053.  ADDITIONAL QUALIFIED PERSONS SUMMONED. (a)
  If fewer than 16 persons summoned to serve as grand jurors are found
  to be in attendance and qualified to serve, the court shall order
  the sheriff to summon an additional number of persons considered
  necessary to constitute a grand jury of 12 grand jurors and four
  alternate grand jurors.
         (b)  The sheriff shall summon the additional prospective
  grand jurors under Subsection (a) in person to attend before the
  court immediately. (Code Crim. Proc., Arts. 19.18, 19.19.)
         Art. 19A.054.  FAILURE TO ATTEND. The court, by an order
  entered on the record, may impose a fine of not less than $100 and
  not more than $500 on a legally summoned grand juror who fails to
  attend without a reasonable excuse. (Code Crim. Proc., Art. 19.16.)
  SUBCHAPTER C. GRAND JUROR QUALIFICATIONS; EXCUSES FROM SERVICE
         Art. 19A.101.  GRAND JUROR QUALIFICATIONS. A person may be
  selected or serve as a grand juror only if the person:
               (1)  is at least 18 years of age;
               (2)  is a citizen of the United States;
               (3)  is a resident of this state and of the county in
  which the person is to serve;
               (4)  is qualified under the constitution and other laws
  to vote in the county in which the grand jury is sitting, regardless
  of whether the person is registered to vote;
               (5)  is of sound mind and good moral character;
               (6)  is able to read and write;
               (7)  has not been convicted of misdemeanor theft or a
  felony;
               (8)  is not under indictment or other legal accusation
  for misdemeanor theft or a felony;
               (9)  is not related within the third degree by
  consanguinity or second degree by affinity, as determined under
  Chapter 573, Government Code, to any person selected to serve or
  serving on the same grand jury;
               (10)  has not served as a grand juror in the year before
  the date on which the term of court for which the person has been
  selected as a grand juror begins; and
               (11)  is not a complainant in any matter to be heard by
  the grand jury during the term of court for which the person has
  been selected as a grand juror. (Code Crim. Proc., Art. 19.08.)
         Art. 19A.102.  TESTING QUALIFICATIONS OF PROSPECTIVE GRAND
  JURORS. (a) When at least 14 persons summoned to serve as grand
  jurors are present, the court shall test the qualifications of the
  prospective grand jurors to serve as grand jurors.
         (b)  Before impaneling a grand juror, the court or a person
  under the direction of the court must interrogate under oath each
  person who is presented to serve as a grand juror regarding the
  person's qualifications.
         (c)  In testing the qualifications of a person to serve as a
  grand juror, the court or a person under the direction of the court
  shall ask:
               (1)  "Are you a citizen of this state and county, and
  qualified to vote in this county, under the constitution and laws of
  this state?";
               (2)  "Are you able to read and write?";
               (3)  "Have you ever been convicted of misdemeanor theft
  or any felony?"; and
               (4)  "Are you under indictment or other legal
  accusation for misdemeanor theft or for any felony?". (Code Crim.
  Proc., Arts. 19.21, 19.22, 19.23.)
         Art. 19A.103.  QUALIFIED GRAND JURORS ACCEPTED. If, by the
  person's answer, it appears to the court that the person is a
  qualified grand juror, the court shall accept the person as a grand
  juror unless it is shown that the person:
               (1)  is not of sound mind or of good moral character; or
               (2)  is in fact not qualified to serve as a grand juror.
  (Code Crim. Proc., Art. 19.24.)
         Art. 19A.104.  PERSONAL INFORMATION CONFIDENTIAL. (a)
  Except as provided by Subsection (c), information collected by the
  court, court personnel, or prosecuting attorney during the grand
  jury selection process about a person who serves as a grand juror is
  confidential and may not be disclosed by the court, court
  personnel, or prosecuting attorney.
         (b)  Information that is confidential under Subsection (a)
  includes a person's:
               (1)  home address;
               (2)  home telephone number;
               (3)  social security number;
               (4)  driver's license number; and
               (5)  other personal information.
         (c)  On a showing of good cause, the court shall permit
  disclosure of the information sought to a party to the proceeding.
  (Code Crim. Proc., Art. 19.42.)
         Art. 19A.105.  EXCUSES FROM GRAND JURY SERVICE. (a) The
  court shall excuse from serving any summoned person who does not
  possess the requisite qualifications.
         (b)  The following qualified persons may be excused from
  grand jury service:
               (1)  a person older than 70 years of age;
               (2)  a person responsible for the care of a child
  younger than 18 years of age;
               (3)  a student of a public or private secondary school;
               (4)  a person enrolled in and in actual attendance at an
  institution of higher education; and
               (5)  any other person the court determines has a
  reasonable excuse from service. (Code Crim. Proc., Art. 19.25.)
  SUBCHAPTER D. CHALLENGE TO ARRAY OR GRAND JUROR
         Art. 19A.151.  ANY PERSON MAY CHALLENGE. (a) Before the
  grand jury is impaneled, any person may challenge the array of grand
  jurors or any person presented as a grand juror. The court may not
  hear objections to the qualifications and legality of the grand
  jury in any other way.
         (b)  A person confined in jail in the county shall, on the
  person's request, be brought into court to make a challenge
  described by Subsection (a). (Code Crim. Proc., Art. 19.27.)
         Art. 19A.152.  CHALLENGE TO ARRAY. (a) A challenge to the
  array may be made only for the following causes:
               (1)  that the persons summoned as grand jurors are not
  in fact the persons selected by the method provided by Article
  19A.051; or
               (2)  that the officer who summoned the grand jurors
  acted corruptly in summoning any grand juror.
         (b)  A challenge to the array must be made in writing. (Code
  Crim. Proc., Art. 19.30.)
         Art. 19A.153.  CHALLENGE TO GRAND JUROR. (a) A challenge to
  a grand juror may be made orally for any of the following causes:
               (1)  that the grand juror is insane;
               (2)  that the grand juror has a defect in the organs of
  feeling or hearing, or a bodily or mental defect or disease that
  renders the grand juror unfit for grand jury service, or that the
  grand juror is legally blind and the court in its discretion is not
  satisfied that the grand juror is fit for grand jury service in that
  particular case;
               (3)  that the grand juror is a witness in or a target of
  an investigation of a grand jury;
               (4)  that the grand juror served on a petit jury in a
  former trial of the same alleged conduct or offense that the grand
  jury is investigating;
               (5)  that the grand juror has a bias or prejudice in
  favor of or against the person accused or suspected of committing an
  offense that the grand jury is investigating;
               (6)  that from hearsay, or otherwise, there is
  established in the mind of the grand juror a conclusion as to the
  guilt or innocence of the person accused or suspected of committing
  an offense that the grand jury is investigating that would
  influence the grand juror's vote on the presentment of an
  indictment;
               (7)  that the grand juror is related within the third
  degree by consanguinity or affinity, as determined under Chapter
  573, Government Code, to a person accused or suspected of
  committing an offense that the grand jury is investigating or to a
  person who is a victim of an offense that the grand jury is
  investigating;
               (8)  that the grand juror has a bias or prejudice
  against any phase of the law on which the state is entitled to rely
  for an indictment;
               (9)  that the grand juror is not a qualified grand
  juror; or
               (10)  that the grand juror is the prosecutor on an
  accusation against the person making the challenge.
         (b)  A challenge under Subsection (a)(3) may be made ex
  parte. The court shall review and rule on the challenge in an in
  camera proceeding. The court shall seal any record of the
  challenge.
         (c)  In this article, "legally blind" has the meaning
  assigned by Article 35.16(a). (Code Crim. Proc., Art. 19.31.)
         Art. 19A.154.  DETERMINATION OF VALIDITY OF CHALLENGE. When
  a person challenges the array or a grand juror, the court shall hear
  proof and decide in a summary manner whether the challenge is well
  founded. (Code Crim. Proc., Art. 19.32.)
         Art. 19A.155.  ADDITIONAL PROSPECTIVE GRAND JURORS SUMMONED
  FOLLOWING CHALLENGE.  (a)  If the court sustains a challenge to the
  array, the court shall order another grand jury to be summoned.
         (b)  If, because of a challenge to any particular grand
  juror, fewer than 12 grand jurors remain, the court shall order the
  panel to be completed. (Code Crim. Proc., Art. 19.33.)
  SUBCHAPTER E. IMPANELING OF GRAND JURY
         Art. 19A.201.  GRAND JURY IMPANELED. (a) When at least 16
  qualified grand jurors are found to be present, the court shall
  select 12 fair and impartial persons as grand jurors and 4
  additional persons as alternate grand jurors to serve on
  disqualification or unavailability of a grand juror during the term
  of the grand jury.  The grand jurors and the alternate grand jurors
  must be randomly selected from a fair cross section of the
  population of the area served by the court.
         (b)  The court shall impanel the grand jurors and alternate
  grand jurors, unless a challenge is made to the array or to a
  particular person presented to serve as a grand juror or an
  alternate grand juror.
         (c)  A grand juror is considered to be impaneled after the
  grand juror's qualifications have been tested and the grand juror
  has been sworn. (Code Crim. Proc., Arts. 19.26(a), (b) (part),
  19.29 (part).)
         Art. 19A.202.  OATH OF GRAND JURORS. The court or a person
  under the direction of the court shall administer the following
  oath to the grand jurors when the grand jury is completed: "You
  solemnly swear that you will diligently inquire into, and true
  presentment make, of all such matters and things as shall be given
  you in charge; the State's counsel, your fellows and your own, you
  shall keep secret, unless required to disclose the same in the
  course of a judicial proceeding in which the truth or falsity of
  evidence given in the grand jury room, in a criminal case, shall be
  under investigation. You shall present no person from envy, hatred
  or malice; neither shall you leave any person unpresented for love,
  fear, favor, affection or hope of reward; but you shall present
  things truly as they come to your knowledge, according to the best
  of your understanding, so help you God." (Code Crim. Proc., Art.
  19.34 (part).)
         Art. 19A.203.  FOREPERSON. (a) When the grand jury is
  completed, the court shall appoint one of the grand jurors as
  foreperson.
         (b)  If the foreperson is for any cause absent or unable or
  disqualified to act, the court shall appoint another grand juror as
  foreperson. (Code Crim. Proc., Arts. 19.34 (part), 19.39.)
         Art. 19A.204.  COURT INSTRUCTIONS. The court shall instruct
  the grand jury regarding the grand jurors' duty. (Code Crim. Proc.,
  Art. 19.35.)
  SUBCHAPTER F. ORGANIZATION AND TERM OF GRAND JURY
         Art. 19A.251.  QUORUM. Nine grand jurors constitute a
  quorum for the purpose of discharging a duty or exercising a right
  properly belonging to the grand jury. (Code Crim. Proc., Art.
  19.40.)
         Art. 19A.252.  DISQUALIFICATION OR UNAVAILABILITY OF GRAND
  JUROR. (a) On learning that a grand juror has become disqualified
  or unavailable during the term of the grand jury, the attorney
  representing the state shall prepare an order for the court:
               (1)  identifying the disqualified or unavailable grand
  juror;
               (2)  stating the basis for the disqualification or
  unavailability;
               (3)  dismissing the disqualified or unavailable grand
  juror from the grand jury; and
               (4)  naming one of the alternate grand jurors as a
  member of the grand jury.
         (b)  The procedure established by this article may be used on
  disqualification or unavailability of a second or subsequent grand
  juror during the term of the grand jury.
         (c)  For purposes of this article, a grand juror is
  unavailable if the grand juror is unable to participate fully in the
  duties of the grand jury because of:
               (1)  the death of the grand juror;
               (2)  a physical or mental illness of the grand juror; or
               (3)  any other reason the court determines constitutes
  good cause for dismissing the grand juror. (Code Crim. Proc., Art.
  19.26(b) (part).)
         Art. 19A.253.  RECUSAL OF GRAND JUROR. (a) A grand juror
  who, during the course of the grand juror's service on the grand
  jury, determines that the grand juror could be subject to a valid
  challenge for cause under Article 19A.153, shall recuse himself or
  herself from grand jury service until the cause no longer exists.
         (b)  A grand juror who knowingly fails to recuse himself or
  herself under Subsection (a) may be held in contempt of court.
         (c)  A person authorized to be present in the grand jury room
  shall report a known violation of Subsection (a) to the court.
         (d)  The court shall instruct the grand jury regarding the
  duty imposed by this article. (Code Crim. Proc., Art. 19.315.)
         Art. 19A.254.  REASSEMBLY OF GRAND JURY. A grand jury
  discharged by the court for the term may be reassembled by the court
  at any time during the term. (Code Crim. Proc., Art. 19.41.)
         Art. 19A.255.  EXTENSION OF TERM. (a) If, before the
  expiration of the term for which the grand jury was impaneled, the
  foreperson or a majority of the grand jurors declares in open court
  that the grand jury's investigation of the matters before the grand
  jury cannot be concluded before the expiration of the term, the
  judge of the district court in which the grand jury was impaneled
  may, by an order entered on the minutes of the court, extend, from
  time to time, the period during which the grand jury serves, for the
  purpose of concluding the investigation of matters then before the
  grand jury.
         (b)  The extended period during which the grand jury serves
  under Subsection (a) may not exceed a total of 90 days after the
  expiration date of the term for which the grand jury was impaneled.
         (c)  All indictments pertaining to the investigation for
  which the extension was granted returned by the grand jury during
  the extended period are as valid as if returned before the
  expiration of the term. (Code Crim. Proc., Art. 19.07.)
  SUBCHAPTER G. BAILIFFS
         Art. 19A.301.  BAILIFFS APPOINTED; COMPENSATION. (a) The
  court and the district attorney may each appoint one or more
  bailiffs to attend to the grand jury.
         (b)  The court, or a person under the direction of the court,
  shall administer the following oath to each bailiff at the time of
  appointment: "You solemnly swear that you will faithfully and
  impartially perform all the duties of bailiff of the grand jury, and
  that you will keep secret the proceedings of the grand jury, so help
  you God."
         (c)  Bailiffs appointed under this article shall be
  compensated in an amount set by the applicable county commissioners
  court. (Code Crim. Proc., Art. 19.36.)
         Art. 19A.302.  BAILIFF'S DUTIES. (a) A bailiff shall:
               (1)  obey the instructions of the foreperson;
               (2)  summon all witnesses; and
               (3)  perform all duties the foreperson requires of the
  bailiff.
         (b)  One bailiff shall always be with the grand jury if two or
  more bailiffs are appointed. (Code Crim. Proc., Art. 19.37.)
         Art. 19A.303.  BAILIFF'S VIOLATION OF DUTY. (a) A bailiff
  may not:
               (1)  take part in the discussions or deliberations of
  the grand jury; or
               (2)  be present when the grand jury is discussing or
  voting on a question.
         (b)  The grand jury shall report to the court any violation
  of duty by a bailiff. The court may punish the bailiff for the
  violation as for contempt. (Code Crim. Proc., Art. 19.38.)
         SECTION 1.04.  Title 1, Code of Criminal Procedure, is amended by adding Chapter 20A to read as follows:
 
  CHAPTER 20A. GRAND JURY PROCEEDINGS
  SUBCHAPTER A. GENERAL PROVISIONS
  Art. 20A.001.  DEFINITIONS 
  SUBCHAPTER B. DUTIES OF GRAND JURY AND GRAND JURORS
  Art. 20A.051.  DUTIES OF GRAND JURY 
  Art. 20A.052.  DUTIES AND POWERS OF FOREPERSON 
  Art. 20A.053.  MEETING AND ADJOURNMENT 
  SUBCHAPTER C. GRAND JURY ROOM; PERSONS AUTHORIZED TO BE PRESENT
  Art. 20A.101.  GRAND JURY ROOM 
  Art. 20A.102.  PERSONS WHO MAY BE PRESENT IN GRAND JURY
                  ROOM 
  Art. 20A.103.  ATTORNEY REPRESENTING STATE ENTITLED TO
                  APPEAR 
  Art. 20A.104.  PERSONS WHO MAY ADDRESS GRAND JURY 
  SUBCHAPTER D. ADVICE TO GRAND JURY
  Art. 20A.151.  ADVICE FROM ATTORNEY REPRESENTING STATE 
  Art. 20A.152.  ADVICE FROM COURT 
  SUBCHAPTER E. RECORDING AND DISCLOSURE OF GRAND JURY PROCEEDINGS
  Art. 20A.201.  RECORDING OF ACCUSED OR SUSPECTED
                  PERSON'S TESTIMONY; RETENTION OF
                  RECORDS 
  Art. 20A.202.  PROCEEDINGS SECRET 
  Art. 20A.203.  DISCLOSURE BY PERSON IN PROCEEDING
                  PROHIBITED 
  Art. 20A.204.  DISCLOSURE BY ATTORNEY REPRESENTING
                  STATE 
  Art. 20A.205.  PETITION FOR DISCLOSURE BY DEFENDANT 
  SUBCHAPTER F. WITNESSES
  Art. 20A.251.  IN-COUNTY WITNESS 
  Art. 20A.252.  OUT-OF-COUNTY WITNESS 
  Art. 20A.253.  EXECUTION OF PROCESS 
  Art. 20A.254.  EVASION OF PROCESS 
  Art. 20A.255.  WITNESS REFUSAL TO TESTIFY 
  Art. 20A.256.  WITNESS OATH 
  Art. 20A.257.  EXAMINATION OF WITNESSES 
  Art. 20A.258.  EXAMINATION OF ACCUSED OR SUSPECTED
                  PERSON 
  Art. 20A.259.  PEACE OFFICER TESTIMONY BY VIDEO
                  TELECONFERENCING 
  SUBCHAPTER G. INDICTMENT
  Art. 20A.301.  VOTING ON INDICTMENT 
  Art. 20A.302.  PREPARATION OF INDICTMENT 
  Art. 20A.303.  PRESENTMENT OF INDICTMENT 
  Art. 20A.304.  PRESENTMENT OF INDICTMENT ENTERED IN
                  RECORD 
  CHAPTER 20A. GRAND JURY PROCEEDINGS
  SUBCHAPTER A. GENERAL PROVISIONS
         Art. 20A.001.  DEFINITIONS. In this chapter:
               (1)  "Attorney representing the state" means the
  attorney general, district attorney, criminal district attorney,
  or county attorney.
               (2)  "Foreperson" means the foreperson of the grand
  jury appointed under Article 19A.203. (Code Crim. Proc., Art.
  20.03 (part); New.)
  SUBCHAPTER B. DUTIES OF GRAND JURY AND GRAND JURORS
         Art. 20A.051.  DUTIES OF GRAND JURY. The grand jury shall
  inquire into all offenses subject to indictment of which any grand
  juror may have knowledge or of which the grand jury is informed by
  the attorney representing the state or by any other credible
  person. (Code Crim. Proc., Art. 20.09.)
         Art. 20A.052.  DUTIES AND POWERS OF FOREPERSON. (a) The
  foreperson shall:
               (1)  preside over the grand jury's sessions; and
               (2)  conduct the grand jury's business and proceedings
  in an orderly manner.
         (b)  The foreperson may appoint one or more of the grand
  jurors to act as clerks for the grand jury. (Code Crim. Proc., Art.
  20.07.)
         Art. 20A.053.  MEETING AND ADJOURNMENT. The grand jury
  shall meet and adjourn at times agreed on by a majority of the grand
  jury, except that the grand jury may not adjourn for more than three
  consecutive days unless the court consents to the adjournment.
  With the court's consent, the grand jury may adjourn for a longer
  period and shall conform the grand jury's adjournments as closely
  as possible to the court's adjournments. (Code Crim. Proc., Art.
  20.08.)
  SUBCHAPTER C. GRAND JURY ROOM; PERSONS AUTHORIZED TO BE PRESENT
         Art. 20A.101.  GRAND JURY ROOM. After the grand jury is
  organized, the grand jury shall discharge the grand jury's duties
  in a suitable place that the sheriff shall prepare for the grand
  jury's sessions. (Code Crim. Proc., Art. 20.01.)
         Art. 20A.102.  PERSONS WHO MAY BE PRESENT IN GRAND JURY ROOM.
  (a) While the grand jury is conducting proceedings, only the
  following persons may be present in the grand jury room:
               (1)  a grand juror;
               (2)  a bailiff;
               (3)  the attorney representing the state;
               (4)  a witness:
                     (A)  while the witness is being examined; or
                     (B)  when the witness's presence is necessary to
  assist the attorney representing the state in examining another
  witness or presenting evidence to the grand jury;
               (5)  an interpreter, if necessary;
               (6)  a stenographer or a person operating an electronic
  recording device, as provided by Article 20A.201; and
               (7)  a person operating a video teleconferencing system
  for use under Article 20A.259.
         (b)  While the grand jury is deliberating, only a grand juror
  may be present in the grand jury room. (Code Crim. Proc., Art.
  20.011.)
         Art. 20A.103.  ATTORNEY REPRESENTING STATE ENTITLED TO
  APPEAR. The attorney representing the state is entitled to appear
  before the grand jury and inform the grand jury of offenses subject
  to indictment at any time except when the grand jury is discussing
  the propriety of finding an indictment or is voting on an
  indictment. (Code Crim. Proc., Art. 20.03 (part).)
         Art. 20A.104.  PERSONS WHO MAY ADDRESS GRAND JURY. No person
  may address the grand jury about a matter before the grand jury
  other than the attorney representing the state, a witness, or the
  accused or suspected person or the attorney for the accused or
  suspected person if approved by the attorney representing the
  state.  (Code Crim. Proc., Art. 20.04 (part).)
  SUBCHAPTER D. ADVICE TO GRAND JURY
         Art. 20A.151.  ADVICE FROM ATTORNEY REPRESENTING STATE. The
  grand jury may send for the attorney representing the state and ask
  the attorney's advice on any matter of law or on any question
  regarding the discharge of the grand jury's duties. (Code Crim.
  Proc., Art. 20.05.)
         Art. 20A.152.  ADVICE FROM COURT. (a) The grand jury may
  seek and receive advice from the court regarding any matter before
  the grand jury. For that purpose, the grand jury shall go into
  court in a body.
         (b)  The grand jury shall ensure that the manner in which the
  grand jury's questions are asked does not divulge the particular
  accusation pending before the grand jury.
         (c)  The grand jury may submit questions to the court in
  writing. The court may respond to those questions in writing.  (Code
  Crim. Proc., Art. 20.06.)
  SUBCHAPTER E. RECORDING AND DISCLOSURE OF GRAND JURY PROCEEDINGS
         Art. 20A.201.  RECORDING OF ACCUSED OR SUSPECTED PERSON'S
  TESTIMONY; RETENTION OF RECORDS. (a) The examination of an accused
  or suspected person before the grand jury and that person's
  testimony shall be recorded by a stenographer or by use of an
  electronic device capable of recording sound.
         (b)  The validity of a grand jury proceeding is not affected
  by an unintentional failure to record all or part of the examination
  or testimony under Subsection (a).
         (c)  The attorney representing the state shall maintain
  possession of all records other than stenographer's notes made
  under Subsection (a) and any typewritten transcription of those
  records, except as otherwise provided by this subchapter. (Code
  Crim. Proc., Art. 20.012.)
         Art. 20A.202.  PROCEEDINGS SECRET. (a) Grand jury
  proceedings are secret.
         (b)  A subpoena or summons relating to a grand jury
  proceeding or investigation must be kept secret to the extent and
  for as long as necessary to prevent the unauthorized disclosure of a
  matter before the grand jury. This subsection may not be construed
  to limit a disclosure permitted by Article 20A.204(b), (c), or (d)
  or 20A.205(a) or (b). (Code Crim. Proc., Arts. 20.02(a), (h).)
         Art. 20A.203.  DISCLOSURE BY PERSON IN PROCEEDING
  PROHIBITED. (a) A grand juror, bailiff, interpreter, stenographer
  or person operating an electronic recording device, person
  preparing a typewritten transcription of a stenographic or
  electronic recording, or person operating a video teleconferencing
  system for use under Article 20A.259 who discloses anything
  transpiring before the grand jury in the course of the grand jury's
  official duties, regardless of whether the thing transpiring is
  recorded, may be punished by a fine not to exceed $500, as for
  contempt of court, by a term of confinement not to exceed 30 days,
  or both.
         (b)  A witness who reveals any matter about which the witness
  is examined or that the witness observes during a grand jury
  proceeding, other than when the witness is required to give
  evidence on that matter in due course, may be punished by a fine not
  to exceed $500, as for contempt of court, and by a term of
  confinement not to exceed six months. (Code Crim. Proc., Arts.
  20.02(b), 20.16(b).)
         Art. 20A.204.  DISCLOSURE BY ATTORNEY REPRESENTING STATE.
  (a) The attorney representing the state may not disclose anything
  transpiring before the grand jury except as permitted by this
  article or Article 20A.205(a) or (b).
         (b)  In performing the attorney's duties, the attorney
  representing the state may disclose or permit a disclosure of a
  record made under Article 20A.201 or a typewritten transcription of
  that record, or may make or permit a disclosure otherwise
  prohibited by Article 20A.203, to a grand juror serving on the grand
  jury before which the record was made, another grand jury, a law
  enforcement agency, or a prosecuting attorney, as the attorney
  representing the state determines is necessary to assist the
  attorney in the performance of the attorney's duties.
         (c)  The attorney representing the state shall warn any
  person authorized to receive information under Subsection (b) of
  the person's duty to maintain the secrecy of the information.
         (d)  A person who receives information under Subsection (b)
  and discloses that information for purposes other than those
  permitted by that subsection may be punished for contempt in the
  same manner as a person who violates Article 20A.203(a). (Code
  Crim. Proc., Arts. 20.02(c), (g).)
         Art. 20A.205.  PETITION FOR DISCLOSURE BY DEFENDANT. (a)
  The defendant may petition a court to order the disclosure of
  information made secret by Article 20A.202, 20A.203(a), or 20A.204,
  including a recording or typewritten transcription under Article
  20A.201, as a matter preliminary to or in connection with a judicial
  proceeding. The court may order disclosure of the information if
  the defendant shows a particularized need.
         (b)  A petition for disclosure under Subsection (a) must be
  filed in the district court in which the case is pending. The
  defendant must also file a copy of the petition with the attorney
  representing the state, the parties to the judicial proceeding, and
  any other person the court requires. Each person who receives a
  copy of the petition under this subsection is entitled to appear
  before the court. The court shall provide interested parties with
  an opportunity to appear and present arguments for or against the
  requested disclosure.
         (c)  A person who receives information under this article and
  discloses that information may be punished for contempt in the same
  manner as a person who violates Article 20A.203(a). (Code
  Crim. Proc., Arts. 20.02(d), (e), (f).)
  SUBCHAPTER F. WITNESSES
         Art. 20A.251.  IN-COUNTY WITNESS. (a) In term time or
  vacation, the foreperson or the attorney representing the state may
  issue a summons or attachment for any witness in the county in which
  the grand jury sits.
         (b)  A summons or attachment issued under Subsection (a) may
  require the witness to appear before the grand jury at a specified
  time, or immediately, without stating the matter under
  investigation. (Code Crim. Proc., Art. 20.10.)
         Art. 20A.252.  OUT-OF-COUNTY WITNESS. (a) The foreperson
  or the attorney representing the state may cause a subpoena or
  attachment for a witness to be issued to any county in the state by
  submitting a written application to the district court stating the
  name and residence of the witness and that the witness's testimony
  is believed to be material.
         (b)  A subpoena or attachment issued under this article:
               (1)  is returnable to the grand jury in session or to
  the next grand jury for the county in which the subpoena or
  attachment was issued, as determined by the applicant; and
               (2)  shall be served and returned in the manner
  prescribed by Chapter 24.
         (c)  A subpoena issued under this article may require the
  witness to appear and produce records and documents.
         (d)  A witness subpoenaed under this article shall be
  compensated as provided by this code.
         (e)  An attachment issued under this article must command the
  sheriff or any constable of the county in which the witness resides
  to serve the witness and to bring the witness before the grand jury
  at a time and place specified in the attachment.
         (f)  The attorney representing the state may cause an
  attachment to be issued under this article in term time or vacation.
  (Code Crim. Proc., Arts. 20.11, 20.12.)
         Art. 20A.253.  EXECUTION OF PROCESS. (a) A bailiff or other
  officer who receives process to be served from the grand jury shall
  immediately execute the process and return the process to:
               (1)  the foreperson, if the grand jury is in session; or
               (2)  the district clerk, if the grand jury is not in
  session.
         (b)  If the process is returned unexecuted, the return must
  state why the process was not executed. (Code Crim. Proc.,
  Art. 20.13.)
         Art. 20A.254.  EVASION OF PROCESS. If the court determines
  that a witness for whom an attachment has been issued to appear
  before the grand jury is in any manner wilfully evading the service
  of the summons or attachment, the court may fine the witness, as for
  contempt, in an amount not to exceed $500. (Code Crim. Proc.,
  Art. 20.14.)
         Art. 20A.255.  WITNESS REFUSAL TO TESTIFY. (a) If a witness
  brought in any manner before a grand jury refuses to testify, the
  witness's refusal shall be communicated to the attorney
  representing the state or to the court.
         (b)  The court may compel a witness described by Subsection
  (a) to answer a proper question by imposing a fine not to exceed
  $500 and by committing the witness to jail until the witness is
  willing to testify. (Code Crim. Proc., Art. 20.15.)
         Art. 20A.256.  WITNESS OATH. Before each witness is
  examined, the foreperson or a person under the foreperson's
  direction shall administer the following oath to the witness: "You
  solemnly swear that you will not reveal, by your words or conduct,
  and will keep secret any matter about which you may be examined or
  that you have observed during the proceedings of the grand jury, and
  that you will answer truthfully the questions asked of you by the
  grand jury, or under its direction, so help you God." (Code Crim.
  Proc., Art. 20.16(a).)
         Art. 20A.257.  EXAMINATION OF WITNESSES. (a) Only a grand
  juror or the attorney representing the state may examine a witness
  before the grand jury.
         (b)  The attorney representing the state shall advise the
  grand jury regarding the proper mode of examining a witness.
         (c)  If a felony has been committed in any county in the grand
  jury's jurisdiction, and the name of the offender is known or
  unknown or if it is uncertain when or how the felony was committed,
  the grand jury shall first state the subject matter under
  investigation to a witness called before the grand jury and may then
  ask questions relevant to the transaction in general terms and in a
  manner that enables a determination as to whether the witness has
  knowledge of the violation of any particular law by any person, and
  if so, by what person. (Code Crim. Proc., Arts. 20.04 (part),
  20.18.)
         Art. 20A.258.  EXAMINATION OF ACCUSED OR SUSPECTED PERSON.
  (a) Before the examination of an accused or suspected person who is
  subpoenaed to appear before the grand jury, the person shall be:
               (1)  provided the warnings described by Subsection (b)
  orally and in writing; and
               (2)  given a reasonable opportunity to:
                     (A)  retain counsel or apply to the court for an
  appointed attorney; and
                     (B)  consult with counsel before appearing before
  the grand jury.
         (b)  The warnings required under Subsection (a)(1) must
  consist of the following:
         "Your testimony before this grand jury is under oath.  Any
  material question that is answered falsely before this grand jury
  subjects you to being prosecuted for aggravated perjury.  You have
  the right to refuse to make answers to any question, the answer to
  which would incriminate you in any manner.  You have the right to
  have a lawyer present outside this chamber to advise you before
  making answers to questions you feel might incriminate you.  Any
  testimony you give may be used against you at any subsequent
  proceeding.  If you are unable to employ a lawyer, you have the
  right to have a lawyer appointed to advise you before making an
  answer to a question, the answer to which you feel might incriminate
  you."
         (c)  In examining an accused or suspected person, the grand
  jury shall:
               (1)  first state:
                     (A)  the offense of which the person is accused or
  suspected;
                     (B)  the county in which the offense is alleged to
  have been committed; and
                     (C)  as closely as possible, the time the offense
  was committed; and
               (2)  direct the examination to the offense under
  investigation.  (Code Crim. Proc., Art. 20.17.)
         Art. 20A.259.  PEACE OFFICER TESTIMONY BY VIDEO
  TELECONFERENCING.  (a)  With the consent of the foreperson and the
  attorney representing the state, a peace officer summoned to
  testify before the grand jury may testify through the use of a
  closed circuit video teleconferencing system that provides a
  simultaneous, encrypted, compressed full motion video and
  interactive communication of image and sound between the officer,
  the grand jury, and the attorney representing the state.
         (b)  In addition to being administered the oath required
  under Article 20A.256, before being examined, a peace officer
  testifying through the use of a closed circuit video
  teleconferencing system under this article shall affirm that the
  officer's testimony:
               (1)  cannot be heard by any person other than a person
  in the grand jury room; and
               (2)  is not being recorded or otherwise preserved by
  any person at the location from which the officer is testifying.
         (c)  Testimony received from a peace officer under this
  article shall be recorded in the same manner as other testimony
  taken before the grand jury and shall be preserved. (Code Crim.
  Proc., Art. 20.151.)
  SUBCHAPTER G. INDICTMENT
         Art. 20A.301.  VOTING ON INDICTMENT. After all the
  testimony accessible to the grand jury has been given with respect
  to any criminal accusation, the grand jury shall vote on the
  presentment of an indictment. If at least nine grand jurors concur
  in finding the bill, the foreperson shall make a memorandum of the
  vote with any information enabling the attorney representing the
  state to prepare the indictment. (Code Crim. Proc., Art. 20.19.)
         Art. 20A.302.  PREPARATION OF INDICTMENT.  (a)  The attorney
  representing the state shall prepare, with as little delay as
  possible, each indictment found by the grand jury and shall deliver
  the indictment to the foreperson.  The attorney shall endorse on the
  indictment the name of each witness on whose testimony the
  indictment was found.
         (b)  The foreperson shall officially sign each indictment
  prepared and delivered under Subsection (a).  (Code Crim. Proc.,
  Art. 20.20.)
         Art. 20A.303.  PRESENTMENT OF INDICTMENT.  When an
  indictment is ready to be presented, the grand jury shall, through
  the foreperson, deliver the indictment to the judge or court clerk.
  At least nine grand jurors must be present to deliver the
  indictment.  (Code Crim. Proc., Art. 20.21.)
         Art. 20A.304.  PRESENTMENT OF INDICTMENT ENTERED IN RECORD.  
  (a)  If the defendant is in custody or under bond at the time the
  indictment is presented, the fact of the presentment shall be
  entered in the court's record, noting briefly the style of the
  criminal action, the file number of the indictment, and the
  defendant's name.
         (b)  If the defendant is not in custody or under bond at the
  time the indictment is presented, the indictment may not be made
  public and the entry in the court's record relating to the
  indictment must be delayed until the capias is served and the
  defendant is placed in custody or under bond. (Code Crim. Proc.,
  Art. 20.22.)
         SECTION 1.05.  Title 1, Code of Criminal Procedure, is amended by adding Chapter 56A to read as follows:
 
  CHAPTER 56A. RIGHTS OF CRIME VICTIMS
  SUBCHAPTER A. GENERAL PROVISIONS
  Art. 56A.001.  DEFINITIONS 
  SUBCHAPTER B. CRIME VICTIMS' RIGHTS
  Art. 56A.051.  GENERAL RIGHTS 
  Art. 56A.052.  ADDITIONAL RIGHTS OF VICTIMS OF SEXUAL
                  ASSAULT, STALKING, OR TRAFFICKING 
  Art. 56A.053.  FAILURE TO PROVIDE RIGHT OR SERVICE 
  Art. 56A.054.  STANDING 
  SUBCHAPTER C. ADDITIONAL PROTECTIONS FOR VICTIMS AND WITNESSES
  Art. 56A.101.  VICTIM PRIVACY 
  Art. 56A.102.  VICTIM OR WITNESS DISCOVERY ATTENDANCE 
  SUBCHAPTER D. VICTIM IMPACT STATEMENT
  Art. 56A.151.  VICTIM IMPACT STATEMENT; INFORMATION
                  BOOKLET 
  Art. 56A.152.  RECOMMENDATIONS TO ENSURE SUBMISSION OF
                  STATEMENT 
  Art. 56A.153.  NOTIFICATION TO COURT REGARDING RELEASE
                  OF DEFENDANT WITH ACCESS TO CHILD
                  VICTIM 
  Art. 56A.154.  CHANGE OF ADDRESS 
  Art. 56A.155.  DISCOVERY OF STATEMENT 
  Art. 56A.156.  INSPECTION OF STATEMENT BY COURT;
                  DISCLOSURE OF CONTENTS 
  Art. 56A.157.  CONSIDERATION OF STATEMENT BY COURT 
  Art. 56A.158.  DEFENDANT RESPONSE TO STATEMENT 
  Art. 56A.159.  TRANSFER OF STATEMENT AFTER SENTENCING 
  Art. 56A.160.  SURVEY PLAN REGARDING STATEMENTS 
  SUBCHAPTER E. VICTIM ASSISTANCE COORDINATOR; CRIME VICTIM LIAISON
  Art. 56A.201.  DESIGNATION OF VICTIM ASSISTANCE
                  COORDINATOR 
  Art. 56A.202.  DUTIES OF VICTIM ASSISTANCE COORDINATOR 
  Art. 56A.203.  DESIGNATION OF CRIME VICTIM LIAISON 
  Art. 56A.204.  DUTIES OF CRIME VICTIM LIAISON 
  Art. 56A.205.  PSYCHOLOGICAL COUNSELING FOR CERTAIN
                  JURORS 
  SUBCHAPTER F. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT
  VICTIM REPORTING ASSAULT
  Art. 56A.251.  REQUEST FOR FORENSIC MEDICAL EXAMINATION 
  Art. 56A.252.  PAYMENT OF COSTS OF EXAMINATION 
  Art. 56A.253.  PAYMENT OF COSTS RELATED TO TESTIMONY 
  Art. 56A.254.  PAYMENT OF COSTS FOR CERTAIN MEDICAL
                  CARE 
  Art. 56A.255.  PAYMENT OF COSTS OF TREATMENT NOT
                  REQUIRED 
  SUBCHAPTER G. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT
  VICTIM NOT REPORTING ASSAULT
  Art. 56A.301.  DEFINITIONS 
  Art. 56A.302.  APPLICABILITY 
  Art. 56A.303.  FORENSIC MEDICAL EXAMINATION 
  Art. 56A.304.  PAYMENT OF FEES RELATED TO EXAMINATION 
  Art. 56A.305.  PAYMENT OF COSTS FOR CERTAIN MEDICAL
                  CARE 
  Art. 56A.306.  PROCEDURES FOR TRANSFER AND PRESERVATION
                  OF EVIDENCE 
  Art. 56A.307.  PROCEDURES FOR SUBMISSION OR COLLECTION
                  OF ADDITIONAL EVIDENCE 
  Art. 56A.308.  CONFIDENTIALITY OF CERTAIN RECORDS 
  Art. 56A.309.  RULES 
  SUBCHAPTER H. PRESENCE OF ADVOCATE OR REPRESENTATIVE DURING
  FORENSIC MEDICAL EXAMINATION
  Art. 56A.351.  PRESENCE OF SEXUAL ASSAULT PROGRAM
                  ADVOCATE 
  Art. 56A.352.  REPRESENTATIVE PROVIDED BY PENAL
                  INSTITUTION 
  SUBCHAPTER I. REQUIRED NOTIFICATIONS BY LAW ENFORCEMENT AGENCY
  Art. 56A.401.  NOTIFICATION OF RIGHTS 
  Art. 56A.402.  REFERRAL TO SEXUAL ASSAULT PROGRAM 
  SUBCHAPTER J. REQUIRED NOTIFICATIONS BY ATTORNEY REPRESENTING THE
  STATE
  Art. 56A.451.  NOTIFICATION OF RIGHTS 
  Art. 56A.452.  NOTIFICATION OF SCHEDULED COURT
                  PROCEEDINGS 
  Art. 56A.453.  NOTIFICATION OF PLEA BARGAIN AGREEMENT 
  Art. 56A.454.  VICTIM CONTACT INFORMATION 
  SUBCHAPTER K. NOTIFICATION BY CERTAIN ENTITIES OF RELEASE OR
  ESCAPE
  Art. 56A.501.  DEFINITIONS 
  Art. 56A.502.  APPLICABILITY 
  Art. 56A.503.  NOTIFICATION OF RELEASE OR ESCAPE 
  Art. 56A.504.  NOTIFICATION REGARDING DEFENDANT SUBJECT
                  TO ELECTRONIC MONITORING 
  Art. 56A.505.  NOTIFICATION OF RIGHT TO NOTICE 
  Art. 56A.506.  VICTIM OR WITNESS CONTACT INFORMATION;
                  CONFIDENTIALITY 
  Art. 56A.507.  TIME FOR NOTICE 
  SUBCHAPTER L. NOTIFICATION BY DEPARTMENT OF ESCAPE OR TRANSFER
  Art. 56A.551.  DEFINITION 
  Art. 56A.552.  NOTIFICATION OF VICTIM 
  Art. 56A.553.  NOTIFICATION OF WITNESS 
  Art. 56A.554.  REQUEST FOR NOTIFICATION; CHANGE OF
                  ADDRESS 
  Art. 56A.555.  NOTICE OF TRANSFER FROM OR RETURN TO
                  CUSTODY 
  SUBCHAPTER M. OTHER POWERS AND DUTIES OF DEPARTMENT AND
  CLEARINGHOUSE
  Art. 56A.601.  DATABASE FOR DEFENDANT RELEASE
                  INFORMATION 
  Art. 56A.602.  VICTIM-OFFENDER MEDIATION 
  Art. 56A.603.  CLEARINGHOUSE ANNUAL CONFERENCE 
  Art. 56A.604.  CRIME VICTIM ASSISTANCE STANDARDS 
  CHAPTER 56A. RIGHTS OF CRIME VICTIMS
  SUBCHAPTER A. GENERAL PROVISIONS
         Art. 56A.001.  DEFINITIONS. Except as otherwise provided by
  this chapter, in this chapter:
               (1)  "Board" means the Board of Pardons and Paroles.
               (2)  "Clearinghouse" means the Texas Crime Victim
  Clearinghouse.
               (3)  "Close relative of a deceased victim" means a
  person who:
                     (A)  was the spouse of a deceased victim at the
  time of the victim's death; or
                     (B)  is a parent or adult brother, sister, or
  child of a deceased victim.
               (4)  "Department" means the Texas Department of
  Criminal Justice.
               (5)  "Guardian of a victim" means a person who is the
  legal guardian of the victim, regardless of whether the legal
  relationship between the guardian and victim exists because of the
  age of the victim or the physical or mental incompetency of the
  victim.
               (6)  "Sexual assault" means an offense under the
  following provisions of the Penal Code:
                     (A)  Section 21.02;
                     (B)  Section 21.11(a)(1);
                     (C)  Section 22.011; or
                     (D)  Section 22.021.
               (7)  "Victim" means a person who:
                     (A)  is the victim of the offense of:
                           (i)  sexual assault;
                           (ii)  kidnapping;
                           (iii)  aggravated robbery;
                           (iv)  trafficking of persons; or
                           (v)  injury to a child, elderly individual,
  or disabled individual; or
                     (B)  has suffered personal injury or death as a
  result of the criminal conduct of another. (Code Crim. Proc., Art.
  56.01; New.)
  SUBCHAPTER B. CRIME VICTIMS' RIGHTS
         Art. 56A.051.  GENERAL RIGHTS. (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 a law enforcement agency
  adequate protection from harm and threats of harm arising from
  cooperation with prosecution efforts;
               (2)  the right to have the magistrate consider the
  safety of the victim or the victim's family in setting the amount of
  bail for the defendant;
               (3)  if requested, the right 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 before the event; and
                     (B)  by an appellate court of the court's
  decisions, after the decisions are entered but before the decisions
  are made public;
               (4)  when requested, the right to be informed:
                     (A)  by a peace officer concerning the defendant's
  right to bail and the procedures in criminal investigations; and
                     (B)  by the office of the attorney representing
  the state 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
  community supervision and corrections department conducting a
  presentencing investigation concerning the impact of the offense on
  the victim and the victim's family by testimony, written statement,
  or any other manner before any sentencing of the defendant;
               (6)  the right to receive information regarding
  compensation to victims of crime as provided by Chapter 56B,
  including information related to the costs that may be compensated
  under that chapter and the amount of compensation, eligibility for
  compensation, and procedures for application for compensation
  under that chapter, the payment for a forensic medical examination
  under Article 56A.252 for a victim of an alleged sexual assault, and
  when requested, to referral to available social service agencies
  that may offer additional assistance;
               (7)  the right to:
                     (A)  be informed, on request, of parole
  procedures;
                     (B)  participate in the parole process;
                     (C)  provide to the board for inclusion in the
  defendant's file information to be considered by the board before
  the parole of any defendant convicted of any offense subject to this
  chapter; and
                     (D)  be notified, if requested, of parole
  proceedings concerning a defendant in the victim's case and of the
  defendant's release;
               (8)  the right to be provided with a waiting area,
  separate or secure from other witnesses, including the defendant
  and relatives of the defendant, before testifying in any proceeding
  concerning the defendant; if a separate waiting area is not
  available, other safeguards should be taken to minimize the
  victim's contact with the defendant and the defendant's relatives
  and witnesses, before and during court proceedings;
               (9)  the right to the prompt return of any of the
  victim's property that is held by a law enforcement agency or the
  attorney representing the state as evidence when the property is no
  longer required for that purpose;
               (10)  the right to have the attorney representing the
  state notify the victim's employer, if requested, that the victim's
  cooperation and testimony is necessary in a proceeding that may
  require the victim to be absent from work for good cause;
               (11)  the right to request victim-offender mediation
  coordinated by the victim services division of the department;
               (12)  the right to be informed of the uses of a victim
  impact statement and the statement's purpose in the criminal
  justice system as described by Subchapter D, 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 before a defendant is released
  on parole;
               (13)  for a victim of an assault or sexual assault who
  is younger than 17 years of age or whose case involves family
  violence, as defined by Section 71.004, Family Code, the right to
  have the court consider the impact on the victim of a continuance
  requested by the defendant; if requested by the attorney
  representing the state or by the defendant's attorney, the court
  shall state on the record the reason for granting or denying the
  continuance; and
               (14)  if the offense is a capital felony, the right to:
                     (A)  receive by mail from the court a written
  explanation of defense-initiated victim outreach if the court has
  authorized expenditures for a defense-initiated victim outreach
  specialist;
                     (B)  not be contacted by the victim outreach
  specialist unless the victim, guardian, or relative has consented
  to the contact by providing a written notice to the court; and
                     (C)  designate a victim service provider to
  receive all communications from a victim outreach specialist acting
  on behalf of any person.
         (b)  A victim, guardian of a victim, or close relative of a
  deceased victim is entitled to the right to be present at all public
  court proceedings related to the offense, subject to the approval
  of the judge in the case.
         (c)  The office of the attorney representing the state and
  the sheriff, police, and other law enforcement agencies shall
  ensure to the extent practicable that a victim, guardian of a
  victim, or close relative of a deceased victim is provided the
  rights granted by this subchapter and, on request, an explanation
  of those rights. (Code Crim. Proc., Arts. 56.02(a), (b), (c).)
         Art. 56A.052.  ADDITIONAL RIGHTS OF VICTIMS OF SEXUAL
  ASSAULT, STALKING, OR TRAFFICKING. (a) If the offense is a sexual
  assault, 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)  if requested, the right to a disclosure of
  information regarding:
                     (A)  any evidence that was collected during the
  investigation of the offense, unless disclosing the information
  would interfere with the investigation or prosecution of the
  offense, in which event the victim, guardian, or relative shall be
  informed of the estimated date on which that information is
  expected to be disclosed; and
                     (B)  the status of any analysis being performed of
  any evidence described by Paragraph (A);
               (2)  if requested, the right to be notified:
                     (A)  at the time a request is submitted to a crime
  laboratory to process and analyze any evidence that was collected
  during the investigation of the offense;
                     (B)  at the time of the submission of a request to
  compare any biological evidence collected during the investigation
  of the offense with DNA profiles maintained in a state or federal
  DNA database; and
                     (C)  of the results of the comparison described by
  Paragraph (B), unless disclosing the results would interfere with
  the investigation or prosecution of the offense, in which event the
  victim, guardian, or relative shall be informed of the estimated
  date on which those results are expected to be disclosed;
               (3)  if requested, the right to counseling regarding
  acquired immune deficiency syndrome (AIDS) and human
  immunodeficiency virus (HIV) infection; and
               (4)  for the victim, the right to:
                     (A)  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; and
                     (B)  a forensic medical examination to the extent
  provided by Subchapters F and G if, within 96 hours of the offense:
                           (i)  the offense is reported to a law
  enforcement agency; or
                           (ii)  a forensic medical examination is
  otherwise conducted at a health care facility.
         (b)  A victim, guardian of a victim, or close relative of a
  deceased victim who requests to be notified under Subsection (a)(2)
  must provide a current address and phone number to the attorney
  representing the state and the law enforcement agency that is
  investigating the offense. The victim, guardian, or relative must
  inform the attorney representing the state and the law enforcement
  agency of any change in the address or phone number.
         (c)  A victim, guardian of a victim, or close relative of a
  deceased victim may designate a person, including an entity that
  provides services to victims of sexual assault, to receive any
  notice requested under Subsection (a)(2).
         (d)  This subsection applies only to a victim of an offense
  under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, 42.072,
  or 43.05, Penal Code. A victim described by this subsection or a
  parent or guardian of the victim is entitled to the following rights
  within the criminal justice system:
               (1)  the right to be informed:
                     (A)  that the victim or the victim's parent or
  guardian, as applicable, may file an application for a protective
  order under Article 7B.001;
                     (B)  of the court in which the application for a
  protective order may be filed; and
                     (C)  that, on request of the victim or of the
  victim's parent or guardian, as applicable, and subject to the
  Texas Disciplinary Rules of Professional Conduct, the attorney
  representing the state may file the application for a protective
  order on behalf of the victim;
               (2)  the right to request that the attorney
  representing the state, subject to the Texas Disciplinary Rules of
  Professional Conduct, file an application for a protective order
  described by Subdivision (1);
               (3)  if the victim or the victim's parent or guardian,
  as applicable, is present when the defendant is convicted or placed
  on deferred adjudication community supervision, the right to:
                     (A)  be given by the court the information
  described by Subdivision (1); and
                     (B)  file an application for a protective order
  under Article 7B.001 immediately following the defendant's
  conviction or placement on deferred adjudication community
  supervision if the court has jurisdiction over the application; and
               (4)  if the victim or the victim's parent or guardian,
  as applicable, is not present when the defendant is convicted or
  placed on deferred adjudication community supervision, the right to
  be given by the attorney representing the state the information
  described by Subdivision (1). (Code Crim. Proc., Art. 56.021.)
         Art. 56A.053.  FAILURE TO PROVIDE RIGHT OR SERVICE. (a) A
  judge, attorney representing the state, peace officer, or law
  enforcement agency is not liable for a failure or inability to
  provide a right granted by this subchapter.
         (b)  The failure or inability of any person to provide a
  right or service granted by this subchapter may not be used by a
  defendant in a criminal case as a ground for appeal, a ground to set
  aside the conviction or sentence, or a ground in a habeas corpus
  petition. (Code Crim. Proc., Art. 56.02(d) (part).)
         Art. 56A.054.  STANDING. A victim, guardian of a victim, or
  close relative of a deceased victim does not have standing to:
               (1)  participate as a party in a criminal proceeding;
  or
               (2)  contest the disposition of any charge. (Code
  Crim. Proc., Art. 56.02(d) (part).)
  SUBCHAPTER C. ADDITIONAL PROTECTIONS FOR VICTIMS AND WITNESSES
         Art. 56A.101.  VICTIM PRIVACY. (a) As far as reasonably
  practical, the address of the victim may not be a part of the court
  file except as necessary to identify the place of the offense.
         (b)  The phone number of the victim may not be a part of the
  court file. (Code Crim. Proc., Art. 56.09.)
         Art. 56A.102.  VICTIM OR WITNESS DISCOVERY ATTENDANCE.
  Unless absolutely necessary, a victim or witness who is not
  confined may not be required to attend a deposition in a
  correctional facility. (Code Crim. Proc., Art. 56.10.)
  SUBCHAPTER D. VICTIM IMPACT STATEMENT
         Art. 56A.151.  VICTIM IMPACT STATEMENT; INFORMATION
  BOOKLET. (a) The clearinghouse, with the participation of the
  board and the community justice assistance division of the
  department, shall develop a form to be used by law enforcement
  agencies, attorneys representing the state, and other participants
  in the criminal justice system to record the impact of an offense on
  a victim of the offense, guardian of a victim, or close relative of
  a deceased victim and to provide the agencies, attorneys, and
  participants with information needed to contact the victim,
  guardian, or relative if needed at any stage of a prosecution of a
  person charged with the offense. The clearinghouse, with the
  participation of the board and the community justice assistance
  division of the department, shall also develop a victims'
  information booklet that provides a general explanation of the
  criminal justice system to victims of an offense, guardians of
  victims, and relatives of deceased victims.
         (b)  The victim impact statement must be in a form designed
  to:
               (1)  inform a victim, guardian of a victim, or close
  relative of a deceased victim with a clear statement of rights
  granted by Subchapter B; and
               (2)  collect the following information:
                     (A)  the name of the victim of the offense or, if
  the victim has a legal guardian or is deceased, the name of a
  guardian or close relative of the victim;
                     (B)  the address and telephone number of the
  victim, guardian, or relative through which the victim, guardian,
  or relative may be contacted;
                     (C)  a statement of economic loss suffered by the
  victim, guardian, or relative as a result of the offense;
                     (D)  a statement of any physical or psychological
  injury suffered by the victim, guardian, or relative as a result of
  the offense, as described by the victim, guardian, or relative or by
  a physician or counselor;
                     (E)  a statement of any psychological services
  requested as a result of the offense;
                     (F)  a statement of any change in the victim's,
  guardian's, or relative's personal welfare or familial relationship
  as a result of the offense;
                     (G)  a statement regarding whether the victim,
  guardian, or relative wants to be notified of any parole hearing for
  the defendant;
                     (H)  if the victim is a child, whether there is an
  existing court order granting to the defendant possession of or
  access to the victim; and
                     (I)  any other information related to the impact
  of the offense on the victim, guardian, or relative, other than
  facts related to the commission of the offense.
         (c)  The victim impact statement must include an explanation
  regarding the procedures by which a victim, guardian of a victim, or
  close relative of a deceased victim may obtain information
  concerning the release of the defendant from the department.
         (d)  Not later than December 1 of each odd-numbered year, the
  clearinghouse, with the participation of the board and the
  community justice assistance division of the department, shall
  update the victim impact statement form and any other information
  provided by the community justice assistance division to victims,
  guardians of victims, and relatives of deceased victims, if
  necessary, to reflect changes in law relating to criminal justice
  and the rights of victims and guardians and relatives of victims.
  (Code Crim. Proc., Arts. 56.03(a), (b), (h), (i) (part).)
         Art. 56A.152.  RECOMMENDATIONS TO ENSURE SUBMISSION OF
  STATEMENT. The victim services division of the department, in
  consultation with the board, law enforcement agencies, offices of
  attorneys representing the state, and other participants in the
  criminal justice system, shall develop recommendations to ensure
  that completed victim impact statements are submitted to the
  department as provided by Article 56A.159(b).  (Code Crim. Proc.,
  Art. 56.04(d-1).)
         Art. 56A.153.  NOTIFICATION TO COURT REGARDING RELEASE OF
  DEFENDANT WITH ACCESS TO CHILD VICTIM. If information collected
  under Article 56A.151(b)(2)(H) indicates the defendant is granted
  possession of or access to a child victim under court order and the
  department subsequently imprisons the defendant as a result of the
  defendant's commission of the offense, the victim services division
  of the department shall contact the court that issued the order
  before the department releases the defendant on parole or to
  mandatory supervision. (Code Crim. Proc., Art. 56.03(i) (part).)
         Art. 56A.154.  CHANGE OF ADDRESS.  If a victim, guardian of a
  victim, or close relative of a deceased victim states on a victim
  impact statement that the victim, guardian, or relative wants to be
  notified of parole proceedings, the victim, guardian, or relative
  must notify the board of any change of address.  (Code Crim. Proc.,
  Art. 56.03(d).)
         Art. 56A.155.  DISCOVERY OF STATEMENT.  A victim impact
  statement is subject to discovery under Article 39.14 before the
  testimony of the victim is taken only if the court determines that
  the statement contains exculpatory material.  (Code Crim. Proc.,
  Art. 56.03(g).)
         Art. 56A.156.  INSPECTION OF STATEMENT BY COURT; DISCLOSURE
  OF CONTENTS. The court may not inspect a victim impact statement
  until after a finding of guilt or until deferred adjudication
  community supervision is ordered and the contents of the statement
  may not be disclosed to any person unless:
               (1)  the defendant pleads guilty or nolo contendere or
  is convicted of the offense; or
               (2)  the defendant authorizes the court in writing to
  inspect the statement. (Code Crim. Proc., Art. 56.03(f).)
         Art. 56A.157.  CONSIDERATION OF STATEMENT BY COURT. (a)
  Before imposing a sentence, a court shall, as applicable, inquire
  as to whether a victim impact statement has been returned to the
  attorney representing the state and, if a statement has been
  returned to the attorney, consider the information provided in the
  statement.  
         (b)  On inquiry by the sentencing court, the attorney
  representing the state shall make a copy of the statement available
  for consideration by the court. (Code Crim. Proc., Arts. 56.03(e)
  (part), 56.04(e) (part).)
         Art. 56A.158.  DEFENDANT RESPONSE TO STATEMENT. Before
  sentencing a defendant, a court shall permit the defendant or the
  defendant's attorney a reasonable period to:
               (1)  read the victim impact statement, excluding the
  victim's name, address, and telephone number;
               (2)  comment on the statement; and
               (3)  with the approval of the court, introduce
  testimony or other information alleging a factual inaccuracy in the
  statement.  (Code Crim. Proc., Art. 56.03(e) (part).)
         Art. 56A.159.  TRANSFER OF STATEMENT AFTER SENTENCING. (a)
  If a court sentences a defendant to a period of community
  supervision, the attorney representing the state shall forward any
  victim impact statement received in the case to the community
  supervision and corrections department supervising the defendant.
         (b)  If a court sentences a defendant to imprisonment in the
  department, the court shall attach to the commitment papers the
  copy of the victim impact statement provided to the court under
  Article 56A.157(b). (Code Crim. Proc., Arts. 56.03(e) (part),
  56.04(e) (part).)
         Art. 56A.160.  SURVEY PLAN REGARDING STATEMENTS. (a) In
  this article, "planning body" means the board, the clearinghouse,
  and the community justice assistance division of the department.
         (b)  The planning body shall develop a survey plan to
  maintain statistics on the numbers and types of persons to whom
  state and local agencies provide victim impact statements during
  each year.
         (c)  At intervals specified in the survey plan, the planning
  body may require any state or local agency to submit the following,
  in a form prescribed for the reporting of the information:
               (1)  statistical data on the numbers and types of
  persons to whom the agency provides victim impact statements; and
               (2)  any other information required by the planning
  body.
         (d)  The form described by Subsection (c) must be designed
  to:
               (1)  protect the privacy of persons provided rights
  under Subchapter B; and
               (2)  determine whether the selected agency is making a
  good faith effort to protect the rights of the persons served.
  (Code Crim. Proc., Arts. 56.05(a), (b).)
  SUBCHAPTER E. VICTIM ASSISTANCE COORDINATOR; CRIME VICTIM LIAISON
         Art. 56A.201.  DESIGNATION OF VICTIM ASSISTANCE
  COORDINATOR. The district attorney, criminal district attorney, or
  county attorney who prosecutes criminal cases shall designate a
  person to serve as victim assistance coordinator in that
  jurisdiction. (Code Crim. Proc., Art. 56.04(a).)
         Art. 56A.202.  DUTIES OF VICTIM ASSISTANCE COORDINATOR. (a)  
  The victim assistance coordinator designated under Article 56A.201
  shall:
               (1)  ensure that a victim, guardian of a victim, or
  close relative of a deceased victim is provided the rights granted
  to victims, guardians, or relatives by Subchapter B; and
               (2)  work closely with appropriate law enforcement
  agencies, attorneys representing the state, the board, and the
  judiciary in carrying out the duty described by Subdivision (1).
         (b)  The victim assistance coordinator shall send to a
  victim, guardian of a victim, or close relative of a deceased victim
  a victim impact statement and victims' information booklet
  described by Article 56A.151 and an application for compensation
  under Chapter 56B.  The victim assistance coordinator shall include
  an offer to assist in completing the statement and application on
  request.
         (c)  The victim assistance coordinator, on request, shall
  explain the possible use and consideration of the victim impact
  statement at any sentencing or parole hearing of the defendant.
  (Code Crim. Proc., Arts. 56.03(c), 56.04(b).)
         Art. 56A.203.  DESIGNATION OF CRIME VICTIM LIAISON. Each
  local law enforcement agency shall designate one person to serve as
  the agency's crime victim liaison. (Code Crim. Proc., Art.
  56.04(c) (part).)
         Art. 56A.204.  DUTIES OF CRIME VICTIM LIAISON. (a)  The
  crime victim liaison designated under Article 56A.203 shall ensure
  that a victim, guardian of a victim, or close relative of a deceased
  victim is provided the rights granted to victims, guardians, or
  relatives by Articles 56A.051(a)(4), (6), and (9).
         (b)  Each local law enforcement agency shall consult with the
  victim assistance coordinator in the office of the attorney
  representing the state to determine the most effective manner in
  which the crime victim liaison can perform the duties imposed on the
  crime victim liaison under this article and, if applicable, Article
  56A.205. (Code Crim. Proc., Arts. 56.04(c) (part), (d).)
         Art. 56A.205.  PSYCHOLOGICAL COUNSELING FOR CERTAIN JURORS.
  (a) A commissioners court may approve a program in which a crime
  victim liaison or victim assistance coordinator may offer not more
  than 10 hours of post-investigation or posttrial psychological
  counseling for a person who:
               (1)  serves as a grand juror, alternate grand juror,
  juror, or alternate juror in a grand jury investigation or criminal
  trial involving graphic evidence or testimony; and
               (2)  requests the counseling not later than the 180th
  day after the date on which the grand jury or jury is dismissed.
         (b)  The crime victim liaison or victim assistance
  coordinator may provide the counseling using a provider that
  assists local criminal justice agencies in providing similar
  services to victims. (Code Crim. Proc., Art. 56.04(f).)
  SUBCHAPTER F. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT
  VICTIM REPORTING ASSAULT
         Art. 56A.251.  REQUEST FOR FORENSIC MEDICAL EXAMINATION.
  (a)  Except as provided by Subsection (b), if a sexual assault is
  reported to a law enforcement agency within 96 hours after the
  assault, the law enforcement agency, with the consent of the victim
  of the alleged assault, a person authorized to act on behalf of the
  victim, or an employee of the Department of Family and Protective
  Services, shall request a forensic medical examination of the
  victim for use in the investigation or prosecution of the offense.
         (b)  A law enforcement agency may decline to request a
  forensic medical examination under Subsection (a) only if:
               (1)  the person reporting the sexual assault has made
  one or more false reports of sexual assault to any law enforcement
  agency; and
               (2)  there is no other evidence to corroborate the
  current allegations of sexual assault.
         (c)  If a sexual assault is not reported within the period
  described by Subsection (a), on receiving the consent described by
  that subsection a law enforcement agency may request a forensic
  medical examination of a victim of an alleged sexual assault as
  considered appropriate by the agency. (Code Crim. Proc., Arts.
  56.06(a), (b).)
         Art. 56A.252.  PAYMENT OF COSTS OF EXAMINATION. A law
  enforcement agency that requests a forensic medical examination
  under Article 56A.251 shall pay all costs of the examination.  On
  application to the attorney general, the law enforcement agency is
  entitled to be reimbursed for the reasonable costs of the
  examination if the examination was performed by a physician or by a
  sexual assault examiner or sexual assault nurse examiner, as
  defined by Section 420.003, Government Code.  (Code Crim. Proc.,
  Art. 56.06(c).)
         Art. 56A.253.  PAYMENT OF COSTS RELATED TO TESTIMONY.  A law
  enforcement agency or office of the attorney representing the state
  may pay all costs related to the testimony of a licensed health care
  professional in a criminal proceeding regarding the results of a
  forensic medical examination described by Article 56A.251 or the
  manner in which the examination was performed.  (Code Crim. Proc.,
  Art. 56.06(d).)
         Art. 56A.254.  PAYMENT OF COSTS FOR CERTAIN MEDICAL CARE.
  The attorney general may make a payment to or on behalf of an
  individual for the reasonable costs incurred for medical care
  provided in accordance with Section 323.004, Health and Safety
  Code. (Code Crim. Proc., Art. 56.06(f).)
         Art. 56A.255.  PAYMENT OF COSTS OF TREATMENT NOT REQUIRED.
  This subchapter does not require a law enforcement agency to pay any
  costs of treatment for injuries. (Code Crim. Proc., Art. 56.06(e).)
  SUBCHAPTER G. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT
  VICTIM NOT REPORTING ASSAULT
         Art. 56A.301.  DEFINITIONS. In this subchapter:
               (1)  "Crime laboratory" has the meaning assigned by
  Article 38.35.
               (2)  "Department" means the Department of Public Safety
  of the State of Texas.
               (3)  "Sexual assault examiner" and "sexual assault
  nurse examiner" have the meanings assigned by Section 420.003,
  Government Code. (Code Crim. Proc., Art. 56.065(a).)
         Art. 56A.302.  APPLICABILITY. This subchapter applies to
  the following health care facilities that provide diagnosis or
  treatment services to victims of sexual assault:
               (1)  a general or special hospital licensed under
  Chapter 241, Health and Safety Code;
               (2)  a general or special hospital owned by this state;
               (3)  an outpatient clinic; and
               (4)  a private physician's office. (Code Crim. Proc.,
  Art. 56.065(b).)
         Art. 56A.303.  FORENSIC MEDICAL EXAMINATION. (a)  In
  accordance with Subchapter B, Chapter 420, Government Code, and
  except as provided by Subsection (b), a health care facility shall
  conduct a forensic medical examination of a victim of an alleged
  sexual assault if:
               (1)  the victim arrives at the facility within 96 hours
  after the assault occurred;
               (2)  the victim consents to the examination; and
               (3)  at the time of the examination the victim has not
  reported the assault to a law enforcement agency.
         (b)  If a health care facility does not provide diagnosis or
  treatment services to victims of sexual assault, the facility shall
  refer a victim of an alleged sexual assault who seeks a forensic
  medical examination under Subsection (a) to a health care facility
  that provides services to those victims.
         (c)  A victim of an alleged sexual assault may not be
  required to participate in the investigation or prosecution of an
  offense as a condition of receiving a forensic medical examination
  under this article. (Code Crim. Proc., Arts. 56.065(c), (e), (h)
  (part).)
         Art. 56A.304.  PAYMENT OF FEES RELATED TO EXAMINATION. (a)
  The department shall pay the appropriate fees, as set by attorney
  general rule, for the forensic portion of a forensic medical
  examination conducted under Article 56A.303(a) and for the evidence
  collection kit if a physician, sexual assault examiner, or sexual
  assault nurse examiner conducts the forensic portion of the
  examination within 96 hours after the alleged sexual assault
  occurred.
         (b)  The attorney general shall reimburse the department for
  fees paid under Subsection (a).
         (c)  A victim of an alleged sexual assault may not be
  required to pay for:
               (1)  the forensic portion of the forensic medical
  examination; or
               (2)  the evidence collection kit. (Code Crim. Proc.,
  Arts. 56.065(d), (h) (part).)
         Art. 56A.305.  PAYMENT OF COSTS FOR CERTAIN MEDICAL CARE.
  The attorney general may make a payment to or on behalf of an
  individual for the reasonable costs incurred for medical care
  provided in accordance with Section 323.004, Health and Safety
  Code. (Code Crim. Proc., Art. 56.065(k).)
         Art. 56A.306.  PROCEDURES FOR TRANSFER AND PRESERVATION OF
  EVIDENCE.  (a) The department, consistent with Chapter 420,
  Government Code, shall develop procedures for the transfer and
  preservation of evidence collected under this subchapter to a crime
  laboratory or other suitable location designated by the public
  safety director of the department.
         (b)  An entity receiving the evidence shall preserve the
  evidence until the earlier of:
               (1)  the second anniversary of the date on which the
  evidence was collected; or
               (2)  the date on which written consent to release the
  evidence is obtained as provided by Section 420.0735, Government
  Code. (Code Crim. Proc., Art. 56.065(g).)
         Art. 56A.307.  PROCEDURES FOR SUBMISSION OR COLLECTION OF
  ADDITIONAL EVIDENCE.  The department, consistent with Chapter 420,
  Government Code, may develop procedures regarding the submission or
  collection of additional evidence of an alleged sexual assault
  other than through a forensic medical examination as described by
  Article 56A.303(a). (Code Crim. Proc., Art. 56.065(f).)
         Art. 56A.308.  CONFIDENTIALITY OF CERTAIN RECORDS. (a) In
  this article, "identifying information" includes information that:
               (1)  reveals the identity, personal history, or
  background of a person; or
               (2)  concerns the victimization of a person.
         (b)  A communication or record is confidential for purposes
  of Section 552.101, Government Code, if the communication or
  record:
               (1)  contains identifying information regarding a
  victim who receives a forensic medical examination under Article
  56A.303(a); and
               (2)  is created by, provided to, or in the control or
  possession of the department.  (Code Crim. Proc., Art. 56.065(j).)
         Art. 56A.309.  RULES. The attorney general and the
  department shall each adopt rules as necessary to implement this
  subchapter. (Code Crim. Proc., Art. 56.065(i).)
  SUBCHAPTER H. PRESENCE OF ADVOCATE OR REPRESENTATIVE DURING
  FORENSIC MEDICAL EXAMINATION
         Art. 56A.351.  PRESENCE OF SEXUAL ASSAULT PROGRAM ADVOCATE.
  (a) Before conducting a forensic medical examination of a victim
  who consents to the examination for the collection of evidence for
  an alleged sexual assault, the physician or other medical services
  personnel conducting the examination shall offer the victim the
  opportunity to have an advocate from a sexual assault program as
  defined by Section 420.003, Government Code, be present with the
  victim during the examination, if the advocate is available at the
  time of the examination. The advocate must have completed a sexual
  assault training program described by Section 420.011(b),
  Government Code.
         (b)  An advocate may only provide the victim with:
               (1)  counseling and other support services; and
               (2)  information regarding the rights of crime victims
  under Subchapter B.
         (c)  Notwithstanding Subsection (a), an advocate and a
  sexual assault program providing the advocate may not delay or
  otherwise impede the screening or stabilization of an emergency
  medical condition.
         (d)  A sexual assault program providing an advocate shall pay
  all costs associated with providing the advocate.
         (e)  Any individual or entity, including a health care
  facility, that provides an advocate with access under Subsection
  (a) to a victim consenting to a forensic medical examination is not
  subject to civil or criminal liability for providing that access.
  In this article, "health care facility" includes a hospital
  licensed under Chapter 241, Health and Safety Code. (Code Crim.
  Proc., Arts. 56.045(a), (b), (c), (d), (e).)
         Art. 56A.352.  REPRESENTATIVE PROVIDED BY PENAL
  INSTITUTION. (a) In this article, "penal institution" has the
  meaning assigned by Section 1.07, Penal Code.
         (b)  If a victim alleging to have sustained injuries as the
  victim of a sexual assault was confined in a penal institution at
  the time of the alleged assault, the penal institution shall
  provide, at the victim's request, a representative to be present
  with the victim at any forensic medical examination conducted for
  the purpose of collecting and preserving evidence related to the
  investigation or prosecution of the alleged assault. The
  representative must:
               (1)  be approved by the penal institution; and
               (2)  be a:
                     (A)  psychologist;
                     (B)  sociologist;
                     (C)  chaplain;
                     (D)  social worker;
                     (E)  case manager; or
                     (F)  volunteer who has completed a sexual assault
  training program described by Section 420.011(b), Government Code.
         (c)  A representative may only provide the victim with:
               (1)  counseling and other support services; and
               (2)  information regarding the rights of crime victims
  under Subchapter B.
         (d)  A representative may not delay or otherwise impede the
  screening or stabilization of an emergency medical condition.
  (Code Crim. Proc., Art. 56.045(f).)
  SUBCHAPTER I. REQUIRED NOTIFICATIONS BY LAW ENFORCEMENT AGENCY
         Art. 56A.401.  NOTIFICATION OF RIGHTS. At the initial
  contact or at the earliest possible time after the initial contact
  between a victim of a reported offense and the law enforcement
  agency having the responsibility for investigating the offense, the
  agency shall provide the victim a written notice containing:
               (1)  information about the availability of emergency
  and medical services, if applicable;
               (2)  information about the rights of crime victims
  under Subchapter B;
               (3)  notice that the victim has the right to receive
  information regarding compensation to victims of crime as provided
  by Chapter 56B, including information about:
                     (A)  the costs that may be compensated under that
  chapter and the amount of compensation, eligibility for
  compensation, and procedures for application for compensation
  under that chapter;
                     (B)  the payment for a forensic medical
  examination under Article 56A.252 for a victim of an alleged sexual
  assault; and
                     (C)  referral to available social service
  agencies that may offer additional assistance;
               (4)  the name, address, and phone number of the law
  enforcement agency's crime victim liaison;
               (5)  the name, address, and phone number of the victim
  assistance coordinator of the office of the attorney representing
  the state; and
               (6)  the following statement:
         "You may call the law enforcement agency's telephone number
  for the status of the case and information about victims' rights."
  (Code Crim. Proc., Art. 56.07(a).)
         Art. 56A.402.  REFERRAL TO SEXUAL ASSAULT PROGRAM. (a) At
  the time a law enforcement agency provides notice under Article
  56A.401, the agency shall provide, if the agency possesses the
  relevant information:
               (1)  a referral to a sexual assault program as defined
  by Section 420.003, Government Code; and
               (2)  a written description of the services provided by
  the program.
         (b)  A sexual assault program may provide a written
  description of the program's services to a law enforcement agency.
  (Code Crim. Proc., Art. 56.07(b).)
  SUBCHAPTER J. REQUIRED NOTIFICATIONS BY ATTORNEY REPRESENTING THE
  STATE
         Art. 56A.451.  NOTIFICATION OF RIGHTS. (a) Not later than
  the 10th day after the date that an indictment or information is
  returned against a defendant for an offense, the attorney
  representing the state shall give to each victim of the offense a
  written notice containing:
               (1)  the case number and assigned court for the case;
               (2)  a brief general statement of each procedural stage
  in the processing of a criminal case, including bail, plea
  bargaining, parole restitution, and appeal;
               (3)  suggested steps the victim may take if the victim
  is subjected to threats or intimidation;
               (4)  the name, address, and phone number of the local
  victim assistance coordinator; and
               (5)  notification of:
                     (A)  the rights and procedures under this chapter,
  Chapter 56B, and Subchapter B, Chapter 58;
                     (B)  the right to file a victim impact statement
  with the office of the attorney representing the state and the
  department;
                     (C)  the right to receive information regarding
  compensation to victims of crime as provided by Chapter 56B,
  including information about:
                           (i)  the costs that may be compensated under
  that chapter, eligibility for compensation, and procedures for
  application for compensation under that chapter;
                           (ii)  the payment for a forensic medical
  examination under Article 56A.252 for a victim of an alleged sexual
  assault; and
                           (iii)  referral to available social service
  agencies that may offer additional assistance; and
                     (D)  the right of a victim, guardian of a victim,
  or close relative of a deceased victim, as defined by Section
  508.117, Government Code, to appear in person before a member of the
  board as provided by Section 508.153, Government Code.
         (b)  The brief general statement required by Subsection
  (a)(2) that describes the plea bargaining stage in a criminal trial
  must include a statement that:
               (1)  a victim impact statement provided by a victim,
  guardian of a victim, or close relative of a deceased victim will be
  considered by the attorney representing the state in entering into
  a plea bargain agreement; and
               (2)  the judge before accepting a plea bargain
  agreement is required under Article 26.13(e) to ask:
                     (A)  whether a victim impact statement has been
  returned to the attorney representing the state;
                     (B)  if a victim impact statement has been
  returned, for a copy of the statement; and
                     (C)  whether the attorney representing the state
  has given the victim, guardian of a victim, or close relative of a
  deceased victim notice of the existence and terms of the plea
  bargain agreement. (Code Crim. Proc., Arts. 56.08(a), (e).)
         Art. 56A.452.  NOTIFICATION OF SCHEDULED COURT PROCEEDINGS.
  If requested by the victim, the attorney representing the state, as
  far as reasonably practical, shall give the victim notice of:
               (1)  any scheduled court proceedings and changes in
  that schedule; and
               (2)  the filing of a request for continuance of a trial
  setting. (Code Crim. Proc., Art. 56.08(b).)
         Art. 56A.453.  NOTIFICATION OF PLEA BARGAIN AGREEMENT. The
  attorney representing the state, as far as reasonably practical,
  shall give a victim, guardian of a victim, or close relative of a
  deceased victim notice of the existence and terms of any plea
  bargain agreement to be presented to the court. (Code Crim. Proc.,
  Art. 56.08(b-1).)
         Art. 56A.454.  VICTIM CONTACT INFORMATION. (a) A victim who
  receives a notice under Article 56A.451(a) and who chooses to
  receive other notice under law about the same case must keep the
  following persons informed of the victim's current address and
  phone number:
               (1)  the attorney representing the state; and
               (2)  the department if the defendant is imprisoned in
  the department after sentencing.
         (b)  An attorney representing the state who receives
  information concerning a victim's current address and phone number
  shall immediately provide that information to the community
  supervision and corrections department supervising the defendant,
  if the defendant is placed on community supervision. (Code Crim.
  Proc., Arts. 56.08(c), (d).)
  SUBCHAPTER K. NOTIFICATION BY CERTAIN ENTITIES OF RELEASE OR
  ESCAPE
         Art. 56A.501.  DEFINITIONS. In this subchapter:
               (1)  "Correctional facility" has the meaning assigned
  by Section 1.07, Penal Code.
               (2)  "Family violence" has the meaning assigned by
  Section 71.004, Family Code. (Code Crim. Proc., Art. 56.11(h).)
         Art. 56A.502.  APPLICABILITY. This subchapter applies to a
  defendant convicted of:
               (1)  an offense under Title 5, Penal Code, that is
  punishable as a felony;
               (2)  an offense described by Section 508.187(a),
  Government Code, other than an offense described by Subdivision
  (1); or
               (3)  an offense involving family violence, stalking, or
  violation of a protective order or magistrate's order. (Code Crim.
  Proc., Art. 56.11(c).)
         Art. 56A.503.  NOTIFICATION OF RELEASE OR ESCAPE. (a) The
  department or sheriff, whichever has custody of a defendant in the
  case of a felony, or the sheriff in the case of a misdemeanor, shall
  notify a victim of the offense or a witness who testified against
  the defendant at the trial for the offense, other than a witness who
  testified in the course and scope of the witness's official or
  professional duties, when a defendant convicted of an offense
  described by Article 56A.502:
               (1)  completes the defendant's sentence and is
  released; or
               (2)  escapes from a correctional facility.
         (b)  If the department is required by Subsection (a) to give
  notice to a victim or witness, the department shall also give notice
  to local law enforcement officials in the county in which the victim
  or witness resides. (Code Crim. Proc., Arts. 56.11(a), (b).)
         Art. 56A.504.  NOTIFICATION REGARDING DEFENDANT SUBJECT TO
  ELECTRONIC MONITORING.  The department, in the case of a defendant
  released on parole or to mandatory supervision following a term of
  imprisonment for an offense described by Article 56A.502, or a
  community supervision and corrections department supervising a
  defendant convicted of an offense described by Article 56A.502 and
  subsequently released on community supervision, shall notify a
  victim or witness described by Article 56A.503(a) when the
  defendant, if subject to electronic monitoring as a condition of
  release, ceases to be electronically monitored.  (Code Crim. Proc.,
  Art. 56.11(a-1).)
         Art. 56A.505.  NOTIFICATION OF RIGHT TO NOTICE. Not later
  than immediately following the conviction of a defendant for an
  offense described by Article 56A.502, the attorney who represented
  the state in the prosecution of the case shall notify in writing a
  victim or witness described by Article 56A.503(a) of the victim's
  or witness's right to receive notice under this subchapter. (Code
  Crim. Proc., Art. 56.11(g).)
         Art. 56A.506.  VICTIM OR WITNESS CONTACT INFORMATION;
  CONFIDENTIALITY. (a)  A victim or witness who wants notification
  under this subchapter must:
               (1)  provide the department, the sheriff, or the
  community supervision and corrections department supervising the
  defendant, as appropriate, with the e-mail address, mailing
  address, and telephone number of the victim, witness, or other
  person through whom the victim or witness may be contacted; and
               (2)  notify the appropriate department or the sheriff
  of any change of address or telephone number of the victim, witness,
  or other person.
         (b)  Information obtained and maintained by the department,
  a sheriff, or a community supervision and corrections department
  under this article is privileged and confidential. (Code Crim.
  Proc., Art. 56.11(d).)
         Art. 56A.507.  TIME FOR NOTICE. (a)  The department, the
  sheriff, or the community supervision and corrections department
  supervising the defendant, as appropriate:
               (1)  shall make a reasonable attempt to give any notice
  required by Article 56A.503(a) or 56A.504:
                     (A)  not later than the 30th day before the date
  the defendant:
                           (i)  completes the sentence and is released;
  or
                           (ii)  ceases to be electronically monitored
  as a condition of release; or
                     (B)  immediately if the defendant escapes from the
  correctional facility; and
               (2)  may give the notice by e-mail, if possible.
         (b)  An attempt by the department, the sheriff, or the
  community supervision and corrections department supervising the
  defendant to give notice to a victim or witness at the victim's or
  witness's last known mailing address or, if notice by e-mail is
  possible, last known e-mail address, as shown on the records of the
  appropriate department or agency, constitutes a reasonable attempt
  to give notice under this subchapter. (Code Crim. Proc., Arts.
  56.11(e), (f).)
  SUBCHAPTER L. NOTIFICATION BY DEPARTMENT OF ESCAPE OR TRANSFER
         Art. 56A.551.  DEFINITION. In this subchapter, "witness's
  close relative" means a person who:
               (1)  was the spouse of a deceased witness at the time of
  the witness's death; or
               (2)  is a parent or adult brother, sister, or child of a
  deceased witness. (Code Crim. Proc., Art. 56.12(d).)
         Art. 56A.552.  NOTIFICATION OF VICTIM. The department shall
  immediately notify the victim of an offense, the victim's guardian,
  or the victim's close relative if the victim is deceased, if the
  victim, victim's guardian, or victim's close relative has notified
  the department as provided by Article 56A.554, when the defendant:
               (1)  escapes from a facility operated by the department
  for the imprisonment of individuals convicted of felonies other
  than state jail felonies; or
               (2)  is transferred from the custody of a facility
  described by Subdivision (1) to the custody of a peace officer under
  a writ of attachment or a bench warrant. (Code Crim. Proc., Art.
  56.12(a).)
         Art. 56A.553.  NOTIFICATION OF WITNESS. The department
  shall immediately notify a witness who testified against a
  defendant at the trial for the offense for which the defendant is
  imprisoned, the witness's guardian, or the witness's close
  relative, if the witness, witness's guardian, or witness's close
  relative has notified the department as provided by Article
  56A.554, when the defendant:
               (1)  escapes from a facility operated by the department
  for the imprisonment of individuals convicted of felonies other
  than state jail felonies; or
               (2)  is transferred from the custody of a facility
  described by Subdivision (1) to the custody of a peace officer under
  a writ of attachment or a bench warrant. (Code Crim. Proc., Art.
  56.12(a-1).)
         Art. 56A.554.  REQUEST FOR NOTIFICATION; CHANGE OF ADDRESS.
  A victim, witness, guardian, or close relative who wants
  notification of a defendant's escape or transfer from custody under
  a writ of attachment or bench warrant must notify the department of
  that fact and of any change of address. (Code Crim. Proc., Art.
  56.12(b).)
         Art. 56A.555.  NOTICE OF TRANSFER FROM OR RETURN TO CUSTODY.
  The department shall include in a notice provided under Article
  56A.552(2) or 56A.553(2) the name, address, and telephone number of
  the peace officer receiving the defendant into custody. On
  returning the defendant to the custody of the department, the
  victim services division of the department shall notify the victim,
  witness, guardian, or close relative, as applicable, of the return.
  (Code Crim. Proc., Art. 56.12(c).)
  SUBCHAPTER M. OTHER POWERS AND DUTIES OF DEPARTMENT AND
  CLEARINGHOUSE
         Art. 56A.601.  DATABASE FOR DEFENDANT RELEASE INFORMATION.
  The department shall:
               (1)  create and maintain a computerized database
  containing the release information and release date of a defendant
  convicted of an offense described by Article 56A.502; and
               (2)  allow a victim or witness entitled to notice under
  Subchapter K or L to access through the Internet the computerized
  database maintained under Subdivision (1). (Code Crim. Proc., Art.
  56.15.)
         Art. 56A.602.  VICTIM-OFFENDER MEDIATION. The victim
  services division of the department shall:
               (1)  train volunteers to act as mediators between
  victims, guardians of victims, and close relatives of deceased
  victims and offenders whose criminal conduct caused bodily injury
  or death to victims; and
               (2)  provide mediation services through referral of a
  trained volunteer, if requested by a victim, guardian of a victim,
  or close relative of a deceased victim. (Code Crim. Proc., Art.
  56.13.)
         Art. 56A.603.  CLEARINGHOUSE ANNUAL CONFERENCE. The
  clearinghouse may:
               (1)  conduct an annual conference to provide to
  participants in the criminal justice system training containing
  information on crime victims' rights; and
               (2)  charge a fee to a person attending the conference
  described by Subdivision (1). (Code Crim. Proc., Art. 56.14.)
         Art. 56A.604.  CRIME VICTIM ASSISTANCE STANDARDS. The
  clearinghouse shall develop crime victim assistance standards and
  distribute those standards to law enforcement officers and
  attorneys representing the state to aid those officers and
  attorneys in performing duties imposed by this chapter, Chapter
  56B, and Subchapter B, Chapter 58. (Code Crim. Proc., Art.
  56.05(c).)
         SECTION 1.06.  Title 1, Code of Criminal Procedure, is amended by adding Chapter 56B to read as follows:
 
  CHAPTER 56B. CRIME VICTIMS' COMPENSATION
  SUBCHAPTER A. GENERAL PROVISIONS
  Art. 56B.001.  SHORT TITLE 
  Art. 56B.002.  LEGISLATIVE FINDINGS AND INTENT 
  Art. 56B.003.  DEFINITIONS 
  Art. 56B.004.  ADMINISTRATION; RULES 
  Art. 56B.005.  ANNUAL REPORT 
  Art. 56B.006.  PUBLIC NOTICE 
  Art. 56B.007.  NOTICE BY LOCAL LAW ENFORCEMENT AGENCY 
  SUBCHAPTER B. APPLICATION AND REVIEW
  Art. 56B.051.  APPLICATION FOR COMPENSATION 
  Art. 56B.052.  PERIOD FOR FILING APPLICATION 
  Art. 56B.053.  REPORTING OF OFFENSE REQUIRED 
  Art. 56B.054.  REVIEW AND INVESTIGATION OF APPLICATION 
  Art. 56B.055.  MENTAL OR PHYSICAL EXAMINATION; AUTOPSY 
  Art. 56B.056.  HEARINGS AND PREHEARING CONFERENCES 
  Art. 56B.057.  APPROVAL OF APPLICATION 
  Art. 56B.058.  DISCLOSURE AND USE OF INFORMATION 
  SUBCHAPTER C. AWARD OF COMPENSATION
  Art. 56B.101.  TYPES OF ASSISTANCE 
  Art. 56B.102.  EMERGENCY AWARD 
  Art. 56B.103.  COMPENSATION FOR PECUNIARY LOSS 
  Art. 56B.104.  COMPENSATION FOR HEALTH CARE SERVICES 
  Art. 56B.105.  COMPENSATION FOR CERTAIN CRIMINALLY
                  INJURIOUS CONDUCT PROHIBITED 
  Art. 56B.106.  LIMITS ON COMPENSATION 
  Art. 56B.107.  DENIAL OR REDUCTION OF AWARD 
  Art. 56B.108.  RECONSIDERATION 
  SUBCHAPTER D. PAYMENT OF AWARD
  Art. 56B.151.  METHOD OF PAYMENT 
  Art. 56B.152.  PAYMENT FOR PECUNIARY LOSS ACCRUED AT
                  TIME OF AWARD 
  Art. 56B.153.  PAYMENT FOR PECUNIARY LOSS ACCRUED AFTER
                  TIME OF AWARD 
  Art. 56B.154.  RECIPIENT OF PAYMENT 
  SUBCHAPTER E. GENERAL PROVISIONS RELATING TO PAYMENT
  Art. 56B.201.  ADJUSTMENT OF AWARDS AND PAYMENTS 
  Art. 56B.202.  SUBROGATION 
  Art. 56B.203.  AWARD NOT SUBJECT TO EXECUTION 
  Art. 56B.204.  ASSIGNMENT OF BENEFITS FOR LOSS ACCRUING
                  IN FUTURE 
  SUBCHAPTER F. PAYMENTS FOR CERTAIN DISABLED PEACE OFFICERS
  Art. 56B.251.  DEFINITION 
  Art. 56B.252.  APPLICABILITY 
  Art. 56B.253.  PAYMENT ENTITLEMENT 
  Art. 56B.254.  AMOUNT OF PAYMENT 
  Art. 56B.255.  METHOD OF PAYMENT 
  Art. 56B.256.  COST-OF-LIVING ADJUSTMENT 
  Art. 56B.257.  CALCULATION OF INITIAL PAYMENT 
  Art. 56B.258.  PROOF REQUIRED FOR PAYMENT 
  Art. 56B.259.  HEARING 
  Art. 56B.260.  JUDICIAL REVIEW 
  Art. 56B.261.  PERIODIC REVIEW 
  Art. 56B.262.  ISSUANCE OF WARRANT FOR PAYMENT 
  Art. 56B.263.  LIMITS ON COMPENSATION 
  Art. 56B.264.  APPLICATION OF OTHER LAW 
  SUBCHAPTER G. ATTORNEY'S FEES
  Art. 56B.301.  AWARD OF ATTORNEY'S FEES 
  Art. 56B.302.  AMOUNT OF ATTORNEY'S FEES 
  SUBCHAPTER H. JUDICIAL REVIEW
  Art. 56B.351.  NOTICE OF DISSATISFACTION 
  Art. 56B.352.  SUIT; VENUE 
  Art. 56B.353.  RESTRICTIONS ON ATTORNEY GENERAL DURING
                  JUDICIAL REVIEW 
  Art. 56B.354.  STANDARD OF REVIEW 
  Art. 56B.355.  BURDEN OF PROOF 
  Art. 56B.356.  ATTORNEY'S FEES 
  Art. 56B.357.  CALCULATION OF TIME 
  SUBCHAPTER I. PRIVATE ACTION
  Art. 56B.401.  NOTICE OF PROPOSED PRIVATE ACTION 
  Art. 56B.402.  RECEIPT OF NOTICE 
  Art. 56B.403.  DEDUCTION FOR REASONABLE EXPENSES 
  Art. 56B.404.  LIMITATIONS ON RESOLUTION OF ACTION 
  Art. 56B.405.  CRIMINAL PENALTY 
  SUBCHAPTER J. FUNDS
  Art. 56B.451.  DEFINITION 
  Art. 56B.452.  ESTABLISHMENT 
  Art. 56B.453.  USE OF MONEY 
  Art. 56B.454.  LIMITATIONS ON PAYMENTS 
  Art. 56B.455.  AMOUNT CARRIED FORWARD 
  Art. 56B.456.  TRANSFER OF MONEY FROM AUXILIARY FUND 
  Art. 56B.457.  GIFTS, GRANTS, AND DONATIONS 
  Art. 56B.458.  EMERGENCY RESERVE 
  Art. 56B.459.  APPROPRIATION FOR ASSOCIATE JUDGE
                  PROGRAM 
  Art. 56B.460.  APPROPRIATION FOR OTHER CRIME VICTIM
                  ASSISTANCE 
  Art. 56B.461.  USE OF AUXILIARY FUND 
  Art. 56B.462.  PAYERS OF LAST RESORT 
  SUBCHAPTER K. ADMINISTRATIVE PENALTY
  Art. 56B.501.  CONDUCT SUBJECT TO PENALTY; AMOUNT OF
                  PENALTY 
  Art. 56B.502.  REPORT AND NOTICE OF VIOLATION AND
                  PENALTY 
  Art. 56B.503.  PENALTY TO BE PAID OR HEARING REQUESTED 
  Art. 56B.504.  HEARING 
  Art. 56B.505.  DECISION BY ATTORNEY GENERAL 
  Art. 56B.506.  OPTIONS FOLLOWING DECISION: PAY OR
                  APPEAL 
  Art. 56B.507.  COLLECTION OF PENALTY 
  Art. 56B.508.  DECISION BY COURT 
  Art. 56B.509.  REMITTANCE OF PENALTY AND INTEREST 
  Art. 56B.510.  RELEASE OF BOND 
  Art. 56B.511.  DISPOSITION OF PENALTY 
  Art. 56B.512.  RECOVERY OF EXPENSES 
  Art. 56B.513.  ADMINISTRATIVE PROCEDURE 
  SUBCHAPTER L. OTHER PENALTIES AND SANCTIONS
  Art. 56B.551.  LETTER OF REPRIMAND 
  Art. 56B.552.  CIVIL PENALTY 
  CHAPTER 56B. CRIME VICTIMS' COMPENSATION
  SUBCHAPTER A. GENERAL PROVISIONS
         Art. 56B.001.  SHORT TITLE. This chapter may be cited as the
  Crime Victims' Compensation Act. (Code Crim. Proc., Art. 56.31.)
         Art. 56B.002.  LEGISLATIVE FINDINGS AND INTENT. (a) The
  legislature recognizes that many innocent individuals suffer
  personal injury or death as a result of criminal acts. Crime victims
  and persons who intervene to prevent criminal acts often suffer
  disabilities, incur financial burdens, or become dependent on
  public assistance. The legislature finds that there is a need to
  compensate crime victims and those who suffer personal injury or
  death in the prevention of crime or in the apprehension of
  criminals.
         (b)  It is the legislature's intent that the compensation of
  innocent victims of violent crime encourage greater public
  cooperation in the successful apprehension and prosecution of
  criminals. (Code Crim. Proc., Art. 56.311.)
         Art. 56B.003.  DEFINITIONS. In this chapter:
               (1)  "Child" means an individual younger than 18 years
  of age who:
                     (A)  is not married; or
                     (B)  has not had the disabilities of minority
  removed for general purposes under Chapter 31, Family Code.
               (2)  "Claimant" means any of the following individuals,
  other than a service provider, who is entitled to file or has filed
  a claim for compensation under this chapter:
                     (A)  an authorized individual acting on behalf of
  a victim;
                     (B)  an individual who legally assumes the
  obligation or who voluntarily pays medical or burial expenses of a
  victim incurred as a result of the criminally injurious conduct of
  another;
                     (C)  a dependent of a victim who died as a result
  of the criminally injurious conduct;
                     (D)  an immediate family member or a household
  member of a victim who, as a result of the criminally injurious
  conduct:
                           (i)  requires psychiatric care or
  counseling;
                           (ii)  incurs expenses for traveling to and
  attending a deceased victim's funeral; or
                           (iii)  suffers wage loss from bereavement
  leave taken in connection with the death of the victim; or
                     (E)  an authorized individual acting on behalf of
  a child described by Paragraph (C) or (D).
               (3)  "Collateral source" means any of the following
  sources of benefits or advantages for pecuniary loss that a
  claimant or victim has received or that is readily available to the
  claimant or victim from:
                     (A)  the offender under an order of restitution to
  the claimant or victim that is imposed by a court as a condition of
  community supervision;
                     (B)  the United States, a federal agency, a state
  or any of its political subdivisions, or an instrumentality of two
  or more states, unless the law providing for the benefits or
  advantages makes those benefits or advantages in addition to or
  secondary to benefits under this chapter;
                     (C)  social security, Medicare, or Medicaid;
                     (D)  another state's or another country's crime
  victims' compensation program;
                     (E)  workers' compensation;
                     (F)  an employer's wage continuation program, not
  including vacation and sick leave benefits;
                     (G)  proceeds of an insurance contract payable to
  or on behalf of the claimant or victim for loss that the claimant or
  victim sustained because of the criminally injurious conduct;
                     (H)  a contract or self-funded program providing
  hospital and other health care services or benefits; or
                     (I)  proceeds awarded to the claimant or victim as
  a result of third-party litigation.
               (4)  "Criminally injurious conduct" means conduct
  that:
                     (A)  occurs or is attempted;
                     (B)  poses a substantial threat of personal injury
  or death;
                     (C)  is punishable by fine, imprisonment, or
  death, or would be punishable by fine, imprisonment, or death if the
  person engaging in the conduct possessed the capacity to commit the
  conduct; and
                     (D)  does not arise out of the ownership,
  maintenance, or use of a motor vehicle, aircraft, or water vehicle,
  unless the conduct is:
                           (i)  intended to cause personal injury or
  death;
                           (ii)  in violation of Section 545.157 or
  545.401, Transportation Code, if the conduct results in bodily
  injury or death;
                           (iii)  in violation of Section 550.021,
  Transportation Code; or
                           (iv)  in violation of one or more of the
  following sections of the Penal Code:
                                 (a)  Section 19.04 (manslaughter);
                                 (b)  Section 19.05 (criminally
  negligent homicide);
                                 (c)  Section 22.02 (aggravated
  assault);
                                 (d)  Section 22.05 (deadly conduct);
                                 (e)  Section 49.04 (driving while
  intoxicated);
                                 (f)  Section 49.05 (flying while
  intoxicated);
                                 (g)  Section 49.06 (boating while
  intoxicated);
                                 (h)  Section 49.07 (intoxication
  assault); or
                                 (i)  Section 49.08 (intoxication
  manslaughter).
               (5)  "Dependent" means:
                     (A)  a surviving spouse;
                     (B)  a person who is a dependent, within the
  meaning of the Internal Revenue Code of 1986, of a victim; and
                     (C)  a posthumous child of a deceased victim.
               (6)  "Family violence" has the meaning assigned by
  Section 71.004(1), Family Code.
               (7)  "Household member" means an individual who:
                     (A)  is related by consanguinity or affinity to
  the victim; and
                     (B)  resided in the same permanent household as
  the victim at the time that the criminally injurious conduct
  occurred.
               (8)  "Immediate family member" means an individual who
  is related to a victim within the second degree by consanguinity or
  affinity.
               (9)  "Intervenor" means an individual who goes to the
  aid of another and is killed or injured in a good faith effort to:
                     (A)  prevent criminally injurious conduct;
                     (B)  apprehend a person reasonably suspected of
  having engaged in criminally injurious conduct; or
                     (C)  aid a peace officer.
               (10)  "Pecuniary loss" means the amount of the expense
  reasonably and necessarily incurred as a result of personal injury
  or death for:
                     (A)  medical, hospital, nursing, or psychiatric
  care or counseling, or physical therapy;
                     (B)  actual loss of past earnings and anticipated
  loss of future earnings and necessary travel expenses because of:
                           (i)  a disability resulting from the
  personal injury;
                           (ii)  the receipt of medically indicated
  services related to the disability; or
                           (iii)  participation in or attendance at
  investigative, prosecutorial, or judicial processes or any
  postconviction or postadjudication proceeding relating to
  criminally injurious conduct;
                     (C)  care of a child or dependent, including
  specialized care for a child who is a victim;
                     (D)  funeral and burial expenses, including, for
  an immediate family member or a household member of the victim, the
  necessary expenses of traveling to and attending the funeral;
                     (E)  loss of support to a dependent, consistent
  with Article 56B.057(b)(5);
                     (F)  reasonable and necessary costs of cleaning
  the crime scene;
                     (G)  reasonable replacement costs for clothing,
  bedding, or property of the victim seized as evidence or rendered
  unusable as a result of the criminal investigation;
                     (H)  reasonable and necessary costs for
  relocation and housing rental assistance payments as provided by
  Article 56B.106(c);
                     (I)  for an immediate family member or a household
  member of a deceased victim, bereavement leave of not more than 10
  work days; and
                     (J)  reasonable and necessary costs of traveling
  to and from a place of execution to witness the execution, including
  one night's lodging near the place where the execution is
  conducted.
               (11)  "Personal injury" means physical or mental harm.
               (12)  "Sexual assault" means an offense under Section
  21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code.
               (13)  "Trafficking of persons" means any offense that
  results in a person engaging in forced labor or services, including
  sexual conduct, and that may be prosecuted under Section 20A.02,
  20A.03, 43.03, 43.04, 43.05, 43.25, 43.251, or 43.26, Penal Code.
               (14)  "Victim" means:
                     (A)  an individual who:
                           (i)  suffers personal injury or death as a
  result of criminally injurious conduct or as a result of actions
  taken by the individual as an intervenor, if the conduct or actions
  occurred in this state; and
                           (ii)  is a resident of this state or another
  state of the United States;
                     (B)  an individual who:
                           (i)  suffers personal injury or death as a
  result of criminally injurious conduct or as a result of actions
  taken by the individual as an intervenor, if the conduct or actions
  occurred in a state or country that does not have a crime victims'
  compensation program that meets the requirements of Section
  1403(b), Victims of Crime Act of 1984 (34 U.S.C. Section 20102(b));
                           (ii)  is a resident of this state; and
                           (iii)  would be entitled to compensation
  under this chapter if the criminally injurious conduct or actions
  had occurred in this state; or
                     (C)  an individual who:
                           (i)  suffers personal injury or death as a
  result of criminally injurious conduct caused by an act of
  international terrorism as defined by 18 U.S.C. Section 2331
  committed outside of the United States; and
                           (ii)  is a resident of this state.
               (15)  "Victim-related services or assistance" means
  compensation, services, or assistance provided directly to a victim
  or claimant to support or assist in the recovery of the victim or
  claimant from the consequences of criminally injurious conduct.
  (Code Crim. Proc., Arts. 56.01(2-a), 56.32.)
         Art. 56B.004.  ADMINISTRATION; RULES. (a) The attorney
  general shall adopt rules consistent with this chapter governing
  its administration, including rules relating to the method of
  filing claims and the proof of entitlement to compensation and the
  review of health care services subject to compensation under this
  chapter, Chapter 56A, and Subchapter B, Chapter 58.
         (b)  Subchapters A and B, Chapter 2001, Government Code,
  except Sections 2001.004(3) and 2001.005, apply to the attorney
  general.
         (c)  The attorney general may delegate to a person in the
  attorney general's office a power or duty given to the attorney
  general under this chapter. (Code Crim. Proc., Art. 56.33.)
         Art. 56B.005.  ANNUAL REPORT. Not later than the 100th day
  after the end of each state fiscal year, the attorney general shall
  submit to the governor and the legislature a report on the attorney
  general's activities during the preceding fiscal year, including a
  statistical summary of claims and awards made and denied. (Code
  Crim. Proc., Art. 56.53.)
         Art. 56B.006.  PUBLIC NOTICE. (a) A hospital licensed under
  the laws of this state shall display prominently in its emergency
  room posters giving notice of the existence and general provisions
  of this chapter.
         (b)  The attorney general shall:
               (1)  set standards for the location of the posters
  described by Subsection (a); and
               (2)  provide posters, application forms, and general
  information regarding this chapter to each hospital and physician
  licensed to practice in this state. (Code Crim. Proc., Art.
  56.60(a).)
         Art. 56B.007.  NOTICE BY LOCAL LAW ENFORCEMENT AGENCY. (a)
  Each local law enforcement agency shall inform a claimant or victim
  of the provisions of this chapter and make application forms
  available.
         (b)  The attorney general:
               (1)  shall:
                     (A)  provide application forms and all other
  documents that a local law enforcement agency may require to comply
  with this article; and
                     (B)  set standards to be followed by a local law
  enforcement agency to comply with this article; and
               (2)  may require a local law enforcement agency to file
  with the attorney general a description of the procedures adopted
  by the agency to comply with this article. (Code Crim. Proc., Art.
  56.60(b).)
  SUBCHAPTER B. APPLICATION AND REVIEW
         Art. 56B.051.  APPLICATION FOR COMPENSATION. (a) An
  applicant for compensation under this chapter must apply in writing
  on a form prescribed by the attorney general.
         (b)  An application for compensation under this chapter must
  be verified and contain:
               (1)  the date on which the criminally injurious conduct
  occurred;
               (2)  a description of the nature and circumstances of
  the criminally injurious conduct;
               (3)  a complete financial statement, including:
                     (A)  the cost of medical care or burial expenses
  and the loss of wages or support the claimant or victim has incurred
  or will incur; and
                     (B)  the extent to which the claimant or victim
  has been indemnified for the expenses under Paragraph (A) from a
  collateral source;
               (4)  a statement indicating the extent of any
  disability resulting from the injury incurred;
               (5)  an authorization permitting the attorney general
  to verify the contents of the application; and
               (6)  any other information the attorney general
  requires. (Code Crim. Proc., Art. 56.36.)
         Art. 56B.052.  PERIOD FOR FILING APPLICATION. (a) Except as
  otherwise provided by this article, a claimant or victim must file
  an application not later than the third anniversary of the date of
  the criminally injurious conduct.
         (b)  The attorney general may extend the time for filing for
  good cause shown by the claimant or victim.
         (c)  If the victim is a child, the application must be filed
  not later than the third anniversary of the date the claimant or
  victim is made aware of the offense, but not after the child attains
  21 years of age.
         (d)  If a claimant or victim presents medically documented
  evidence of a physical or mental incapacity that was incurred by the
  claimant or victim as a result of the criminally injurious conduct
  and that reasonably prevented the claimant or victim from filing
  the application within the limitations period under Subsection (a),
  the period of the incapacity is not included.
         (e)  For a claim that is based on criminally injurious
  conduct in violation of Chapter 19, Penal Code, the claimant must
  file an application not later than the third anniversary of the date
  the identity of the victim is established by a law enforcement
  agency. (Code Crim. Proc., Art. 56.37.)
         Art. 56B.053.  REPORTING OF OFFENSE REQUIRED. (a) Except as
  otherwise provided by this article, a claimant or victim may not
  file an application unless the victim reports the criminally
  injurious conduct to the appropriate state or local public safety
  or law enforcement agency within a reasonable period, but not so
  late as to interfere with or hamper the investigation and
  prosecution of the offense after the criminally injurious conduct
  is committed.
         (b)  The attorney general may extend the time for reporting
  the criminally injurious conduct if the attorney general determines
  that the extension is justified by extraordinary circumstances.
         (c)  Subsection (a) does not apply if the victim is a child.
  (Code Crim. Proc., Art. 56.46.)
         Art. 56B.054.  REVIEW AND INVESTIGATION OF APPLICATION. (a)
  The attorney general shall appoint a clerk to review each
  application for compensation described by Article 56B.051 to ensure
  the application is complete.
         (b)  The attorney general may review the actual or proposed
  health care services for which a claimant or victim seeks
  compensation in an application filed under Article 56B.051.
         (c)  The clerk shall return to the claimant or victim any
  application that is incomplete and shall provide a brief statement
  showing the additional information required. Not later than the
  30th day after the date of receiving a returned application, a
  claimant or victim may:
               (1)  provide the additional information; or
               (2)  appeal the action to the attorney general, who
  shall review the application to determine whether the application
  is complete.
         (d)  The attorney general may investigate an application.
         (e)  As part of the attorney general's review, verification,
  and hearing duties under this chapter, the attorney general may:
               (1)  subpoena witnesses and administer oaths to
  determine whether and the extent to which a claimant or victim
  qualifies for an award; and
               (2)  as provided by Article 56B.055 and if the mental,
  physical, or emotional condition of a claimant or victim is
  material to the claim, order:
                     (A)  a claimant or victim to submit to a mental or
  physical examination by a physician or psychologist; or
                     (B)  an autopsy of a deceased victim.
         (f)  On request by the attorney general and not later than
  the 14th business day after the date of the request, a law
  enforcement agency shall release to the attorney general all
  reports, including witness statements and criminal history record
  information, to allow the attorney general to determine whether a
  claimant or victim qualifies for an award and the extent of the
  qualification. (Code Crim. Proc., Arts. 56.38, 56.385(a).)
         Art. 56B.055.  MENTAL OR PHYSICAL EXAMINATION; AUTOPSY. (a)
  For good cause shown, an order for a mental or physical examination
  or an autopsy as provided by Article 56B.054(e)(2) may be made on
  notice to the individual to be examined and, if applicable, to each
  person who has appeared at a hearing under Article 56B.056.
         (b)  An order under Subsection (a) must:
               (1)  specify the time, place, manner, conditions, and
  scope of the examination or autopsy;
               (2)  specify the person who is to perform the
  examination or autopsy; and
               (3)  require the person performing the examination or
  autopsy to file with the attorney general a detailed written report
  of the examination or autopsy.
         (c)  A report must set out the findings of the person
  performing the examination or autopsy, including:
               (1)  the results of any test performed; and
               (2)  any diagnosis, prognosis, or other conclusion or
  report of an earlier examination of the same condition.
         (d)  On request of the individual examined, the attorney
  general shall provide to the individual a copy of the report. If
  the victim is deceased, the attorney general on request shall
  provide to the claimant a copy of the report.
         (e)  A physician or psychologist performing an examination
  or autopsy under this article shall be compensated from money
  appropriated for the administration of this chapter. (Code Crim.
  Proc., Art. 56.39.)
         Art. 56B.056.  HEARINGS AND PREHEARING CONFERENCES. (a)
  The attorney general shall determine whether a hearing on an
  application for compensation under this chapter is necessary.
         (b)  On determining that a hearing is not necessary, the
  attorney general may approve the application in accordance with
  Article 56B.057.
         (c)  On determining that a hearing is necessary or on request
  for a hearing by the claimant or victim, the attorney general shall
  consider the application at a hearing at a time and place of the
  attorney general's choosing. The attorney general shall notify all
  interested persons not later than the 10th day before the date of
  the hearing.
         (d)  At the hearing the attorney general shall:
               (1)  review the application for compensation and any
  report prepared under Article 56B.055 and any other evidence
  obtained as a result of the attorney general's investigation; and
               (2)  receive other evidence that the attorney general
  finds necessary or desirable to evaluate the application properly.
         (e)  The attorney general may appoint hearing officers to
  conduct hearings or prehearing conferences under this chapter.
         (f)  A hearing or prehearing conference is open to the public
  unless the hearing officer or attorney general determines in a
  particular case that all or part of the hearing or conference should
  be held in private because a criminal suspect has not been
  apprehended or because a private hearing or conference is in the
  interest of the claimant or victim.
         (g)  The attorney general may suspend the proceedings
  pending disposition of a criminal prosecution that has been
  commenced or is imminent, except that the attorney general may make
  an emergency award under Article 56B.102.
         (h)  Subchapters C through H, Chapter 2001, Government Code,
  do not apply to the attorney general or the attorney general's
  orders and decisions. (Code Crim. Proc., Art. 56.40.)
         Art. 56B.057.  APPROVAL OF APPLICATION. (a)  The attorney
  general shall approve an application for compensation under this
  chapter if the attorney general finds by a preponderance of the
  evidence that grounds for compensation under this chapter exist.
         (b)  The attorney general shall deny an application for
  compensation under this chapter if:
               (1)  the criminally injurious conduct is not reported
  as provided by Article 56B.053;
               (2)  the application is not made in the manner provided
  by Articles 56B.051 and 56B.052;
               (3)  the claimant or victim knowingly and willingly
  participated in the criminally injurious conduct;
               (4)  the claimant or victim is the offender or an
  accomplice of the offender;
               (5)  an award of compensation to the claimant or victim
  would benefit the offender or an accomplice of the offender;
               (6)  the claimant or victim was incarcerated in a penal
  institution, as defined by Section 1.07, Penal Code, at the time the
  offense was committed; or
               (7)  the claimant or victim knowingly or intentionally
  submits false or forged information to the attorney general.
         (c)  Subsection (b)(3) does not apply to a claimant or victim
  who seeks compensation for criminally injurious conduct that is:
               (1)  in violation of Section 20A.02(a)(7), Penal Code;
  or
               (2)  trafficking of persons, other than an offense
  described by Subdivision (1), if the criminally injurious conduct
  the claimant or victim participated in was the result of force,
  fraud, or coercion.
         (d)  Except as provided by rules adopted by the attorney
  general to prevent the unjust enrichment of an offender, the
  attorney general may not deny an award otherwise payable to a
  claimant or victim because the claimant or victim:
               (1)  is an immediate family member of the offender; or
               (2)  resides in the same household as the offender.
  (Code Crim. Proc., Art. 56.41.)
         Art. 56B.058.  DISCLOSURE AND USE OF INFORMATION. (a) This
  article does not apply to information made confidential by law.
         (b)  An application for compensation under this chapter and
  any information, document, summary, or other record provided to or
  received, maintained, or created by the attorney general under this
  chapter is:
               (1)  except as provided by Section 552.132(c),
  Government Code, not subject to disclosure under Chapter 552 of
  that code; and
               (2)  except as provided by Subsection (c), not subject
  to disclosure, discovery, subpoena, or other means of legal
  compulsion for release.
         (c)  The attorney general may not release or disclose an
  application for compensation under this chapter, or any
  information, document, summary, or other record provided to or
  received, maintained, or created by the attorney general under this
  chapter, except:
               (1)  by court order for good cause shown, if the order
  includes a finding that the information is not available from any
  other source;
               (2)  with the consent of:
                     (A)  the claimant or victim; or
                     (B)  the person that provided the information to
  the attorney general;
               (3)  to an employee or other person under the direction
  of the attorney general;
               (4)  to another crime victims' compensation program
  that meets the requirements of 34 U.S.C. Section 20102(b);
               (5)  to a person authorized by the attorney general to
  receive the information to:
                     (A)  conduct an audit as required by state or
  federal law;
                     (B)  provide a review or examination under Article
  56B.054 or 56B.055 or under another provision of this chapter to
  determine the appropriateness of an award under this chapter;
                     (C)  prevent, deter, or punish fraud related to
  this chapter; or
                     (D)  assert subrogation or restitution rights;
               (6)  as the attorney general determines necessary to
  enforce this chapter, including presenting the application,
  information, document, summary, or record in court; or
               (7)  in response to a subpoena that is issued in a
  criminal proceeding and that requests an application for
  compensation under this chapter, subject to Subsection (d).
         (d)  In responding to a subpoena described by Subsection
  (c)(7), the attorney general shall release only the victim's
  completed application form as described by Article 56B.051(a) after
  redacting any confidential information described by Section
  552.132(b), Government Code. The release of a victim's completed
  application form under this subsection does not affect the
  authority of the court to order the release or disclosure of
  additional information under this article. (Code Crim. Proc., Art.
  56.65.)
  SUBCHAPTER C. AWARD OF COMPENSATION
         Art. 56B.101.  TYPES OF ASSISTANCE. (a) On approving an
  application for compensation under Article 56B.057, the attorney
  general shall determine the type of state assistance that will best
  aid the claimant or victim.
         (b)  The attorney general may:
               (1)  authorize a cash payment to or on behalf of a
  claimant or victim for pecuniary loss;
               (2)  refer a claimant or victim to a state agency for
  vocational or other rehabilitative services; or
               (3)  provide counseling services for a claimant or
  victim or contract with a private entity to provide counseling
  services. (Code Crim. Proc., Art. 56.35.)
         Art. 56B.102.  EMERGENCY AWARD. (a) Before acting on an
  application for compensation under this chapter, the attorney
  general may make an emergency award if it appears likely that:
               (1)  a final award will be made; and
               (2)  the claimant or victim will suffer undue hardship
  if immediate economic relief is not obtained.
         (b)  An emergency award may not exceed $1,500.
         (c)  The amount of an emergency award must be:
               (1)  deducted from the final award; or
               (2)  repaid by and recoverable from the claimant or
  victim to the extent the emergency award exceeds the final award.
  (Code Crim. Proc., Art. 56.50.)
         Art. 56B.103.  COMPENSATION FOR PECUNIARY LOSS. (a) The
  attorney general shall award compensation for pecuniary loss
  arising from criminally injurious conduct if the attorney general
  is satisfied by a preponderance of the evidence that the
  requirements of this chapter are met.
         (b)  The attorney general shall establish whether, as a
  direct result of criminally injurious conduct, a claimant or victim
  suffered personal injury or death that resulted in a pecuniary loss
  for which the claimant or victim is not compensated from a
  collateral source. (Code Crim. Proc., Arts. 56.34(a), (b).)
         Art. 56B.104.  COMPENSATION FOR HEALTH CARE SERVICES. (a)
  The attorney general shall award compensation for health care
  services according to the medical fee guidelines prescribed by
  Subtitle A, Title 5, Labor Code.
         (b)  The attorney general, a claimant, or a victim is not
  liable for health care service charges that exceed the medical fee
  guidelines. A health care provider shall accept compensation from
  the attorney general as payment in full for the charges unless an
  investigation of the charges by the attorney general determines
  that there is a reasonable health care justification for the
  deviation from the guidelines.
         (c)  The attorney general may not compensate a claimant or
  victim for health care services that the attorney general
  determines are not medically necessary.
         (d)  The attorney general, a claimant, or a victim is not
  liable for a charge that is not medically necessary. (Code Crim.
  Proc., Arts. 56.34(c), (d), 56.385(b), (c).)
         Art. 56B.105.  COMPENSATION FOR CERTAIN CRIMINALLY
  INJURIOUS CONDUCT PROHIBITED. (a) Except as provided by
  Subsection (b), the attorney general may not award compensation for
  pecuniary loss arising from criminally injurious conduct that
  occurred before January 1, 1980.
         (b)  The attorney general may award compensation for
  pecuniary loss arising from criminally injurious conduct that
  occurred before January 1, 1980, if:
               (1)  the conduct was in violation of Chapter 19, Penal
  Code;
               (2)  the identity of the victim is established by a law
  enforcement agency on or after January 1, 2009; and
               (3)  the claimant files the application for
  compensation within the limitations period provided by Article
  56B.052(e). (Code Crim. Proc., Art. 56.61.)
         Art. 56B.106.  LIMITS ON COMPENSATION. (a) Except as
  otherwise provided by this article, awards payable to a victim and
  any other claimant sustaining pecuniary loss because of injury or
  death of that victim may not exceed $50,000 in the aggregate.
         (b)  In addition to an award payable under Subsection (a),
  the attorney general may award not more than $75,000 for
  extraordinary pecuniary loss if the personal injury to a victim is
  catastrophic and results in a total and permanent disability to the
  victim. An award described by this subsection may be made for lost
  wages and the reasonable and necessary costs of:
               (1)  making a home or motor vehicle accessible;
               (2)  obtaining job training and vocational
  rehabilitation;
               (3)  training in the use of a special appliance;
               (4)  receiving home health care;
               (5)  durable medical equipment;
               (6)  rehabilitation technology; and
               (7)  long-term medical expenses incurred as a result of
  medically indicated treatment for the personal injury.
         (c)  A victim who is a victim of stalking, family violence,
  or trafficking of persons, or a victim of sexual assault who is
  assaulted in the victim's place of residence, may receive a
  one-time assistance payment in an amount not to exceed:
               (1)  $2,000 to be used for relocation expenses,
  including expenses for rental deposit, utility connections,
  expenses relating to moving belongings, motor vehicle mileage
  expenses, and for an out-of-state move, transportation, lodging,
  and meals; and
               (2)  $1,800 to be used for housing rental expenses.
         (d)  An immediate family member or household member of a
  deceased victim may not receive more than $1,000 in lost wages as a
  result of bereavement leave taken by the family or household
  member.
         (e)  The attorney general by rule may establish a limitation
  on any other pecuniary loss compensated under this chapter,
  including a limitation on pecuniary loss incurred as a result of a
  claimant's travel to and attendance of a deceased victim's funeral.
  (Code Crim. Proc., Art. 56.42.)
         Art. 56B.107.  DENIAL OR REDUCTION OF AWARD. (a) The
  attorney general may deny or reduce an award otherwise payable:
               (1)  if the claimant or victim has not substantially
  cooperated with an appropriate law enforcement agency;
               (2)  if, as a result of the claimant's or victim's
  behavior, the claimant or victim bears a share of the
  responsibility for the act or omission giving rise to the claim;
               (3)  to the extent that pecuniary loss is recouped from
  a collateral source; or
               (4)  if the claimant or victim was engaging in an
  activity that at the time of the criminally injurious conduct was
  prohibited by law, including a rule.
         (b)  Subsection (a)(4) does not apply to a claimant or victim
  who seeks compensation for criminally injurious conduct that is:
               (1)  in violation of Section 20A.02(a)(7), Penal Code;
  or
               (2)  trafficking of persons, other than an offense
  described by Subdivision (1), if the activity the claimant or
  victim engaged in was the result of force, fraud, or coercion.
  (Code Crim. Proc., Art. 56.45.)
         Art. 56B.108.  RECONSIDERATION. (a) On the attorney
  general's own motion or on request of a claimant or victim, the
  attorney general may reconsider:
               (1)  a decision to make or deny an award; or
               (2)  the amount of an award.
         (b)  At least annually, the attorney general shall
  reconsider each award being paid in installments.
         (c)  On reconsideration, the attorney general may order the
  refund of an award if:
               (1)  the award was obtained by fraud or mistake; or
               (2)  newly discovered evidence shows the claimant or
  victim to be ineligible for the award under Article 56B.057 or
  56B.107. (Code Crim. Proc., Art. 56.47.)
  SUBCHAPTER D. PAYMENT OF AWARD
         Art. 56B.151.  METHOD OF PAYMENT. The attorney general may
  pay an award in a lump sum or in installments as provided by this
  subchapter. (Code Crim. Proc., Art. 56.44(a) (part).)
         Art. 56B.152.  PAYMENT FOR PECUNIARY LOSS ACCRUED AT TIME OF
  AWARD. The attorney general shall pay in a lump sum the part of an
  award equal to the amount of pecuniary loss accrued to the date of
  the award. (Code Crim. Proc., Art. 56.44(a) (part).)
         Art. 56B.153.  PAYMENT FOR PECUNIARY LOSS ACCRUED AFTER TIME
  OF AWARD. (a) Except as provided by Subsection (b), the attorney
  general shall pay in installments the part of an award for allowable
  expenses that accrue after the award is made.
         (b)  At the request of the claimant or victim, the attorney
  general may pay in a lump sum an award for future pecuniary loss if
  the attorney general finds that:
               (1)  paying the award in a lump sum will promote the
  interests of the claimant or victim; or
               (2)  the present value of all future pecuniary loss
  does not exceed $1,000.
         (c)  The attorney general may not pay in installments an
  award for future pecuniary loss for a period for which the attorney
  general cannot reasonably determine the future pecuniary loss.
  (Code Crim. Proc., Arts. 56.44(a) (part), (b), (c).)
         Art. 56B.154.  RECIPIENT OF PAYMENT. The attorney general
  may make payments only to an individual who is a claimant or a
  victim or to a provider on the individual's behalf. (Code Crim.
  Proc., Art. 56.44(d).)
  SUBCHAPTER E. GENERAL PROVISIONS RELATING TO PAYMENT
         Art. 56B.201.  ADJUSTMENT OF AWARDS AND PAYMENTS. (a) The
  attorney general shall establish a policy to adjust awards and
  payments so that the total amount of awards granted in each calendar
  year does not exceed the amount of money credited to the
  compensation to victims of crime fund during that year.
         (b)  On the establishment of a policy under Subsection (a),
  the attorney general, the claimant, or the victim is not liable for
  the amount of incurred charges exceeding the adjusted amount for
  the service on which the adjusted payment is determined.
         (c)  A service provider who accepts a payment that has been
  adjusted by a policy established under Subsection (a) agrees to
  accept the adjusted payment as payment in full for the service and
  is barred from legal action against the claimant or victim for
  collection. (Code Crim. Proc., Arts. 56.34(e), 56.58.)
         Art. 56B.202.  SUBROGATION. If compensation is awarded
  under this chapter, the state is subrogated to all the claimant's or
  victim's rights to receive or recover benefits for pecuniary loss
  to the extent compensation is awarded from a collateral source.
  (Code Crim. Proc., Art. 56.51.)
         Art. 56B.203.  AWARD NOT SUBJECT TO EXECUTION. (a) Except
  as provided by Subsection (b), an award is not subject to execution,
  attachment, garnishment, or other process.
         (b)  An award is not exempt from a claim of a creditor to the
  extent that the creditor provided a product, service, or
  accommodation, the cost of which is included in the award. (Code
  Crim. Proc., Art. 56.49(a).)
         Art. 56B.204.  ASSIGNMENT OF BENEFITS FOR LOSS ACCRUING IN
  FUTURE. (a) Except as provided by Subsections (b) and (c), an
  assignment of or agreement to assign a right to benefits for loss
  accruing in the future is unenforceable.
         (b)  An assignment of a right to benefits for loss of
  earnings is enforceable to secure payment of alimony, maintenance,
  or child support.
         (c)  An assignment of a right to benefits is enforceable to
  the extent that the benefits are for the cost of a product, service,
  or accommodation:
               (1)  made necessary by the injury or death on which the
  claim is based; and
               (2)  provided or to be provided by the assignee. (Code
  Crim. Proc., Art. 56.49(b).)
  SUBCHAPTER F. PAYMENTS FOR CERTAIN DISABLED PEACE OFFICERS
         Art. 56B.251.  DEFINITION. In this subchapter, "peace
  officer" means an individual elected, appointed, or employed to
  serve as a peace officer for a governmental entity under Article
  2.12 or other law. The term includes a former peace officer who is
  entitled to receive payments under this subchapter because of an
  injury suffered while performing duties as a peace officer. (Code
  Crim. Proc., Art. 56.542(a).)
         Art. 56B.252.  APPLICABILITY. This subchapter applies only
  to a peace officer who is employed by this state or a local
  governmental entity in this state and who sustains an injury in the
  performance of the officer's duties as a peace officer as a result
  of criminally injurious conduct on or after September 1, 1989.
  (Code Crim. Proc., Art. 56.542(b) (part).)
         Art. 56B.253.  PAYMENT ENTITLEMENT. A peace officer to whom
  this subchapter applies is entitled to an annual payment in the
  amount described by Article 56B.254 if the officer presents
  evidence satisfactory to the attorney general that:
               (1)  the officer's condition is a total disability
  resulting in permanent incapacity for work; and
               (2)  the total disability has persisted for more than
  12 months. (Code Crim. Proc., Art. 56.542(b) (part).)
         Art. 56B.254.  AMOUNT OF PAYMENT. The amount of an annual
  payment under this subchapter is equal to the difference between:
               (1)  any amount received by the peace officer for the
  injury or disability from another source of income, including
  settlements related to the injury or disability, insurance
  benefits, federal disability benefits, workers' compensation
  benefits, and benefits from another governmental entity, if those
  amounts do not exceed the amount described by Subdivision (2); and
               (2)  an amount equal to the officer's average annual
  salary during the officer's final three years as a peace officer.
  (Code Crim. Proc., Art. 56.542(b) (part).)
         Art. 56B.255.  METHOD OF PAYMENT. A peace officer who is
  entitled to an annual payment under Article 56B.253 may elect to
  receive the payment in:
               (1)  a single payment paid each year; or
               (2)  equal monthly installments. (Code Crim. Proc.,
  Art. 56.542(l).)
         Art. 56B.256.  COST-OF-LIVING ADJUSTMENT. (a) The amount
  of a payment under Article 56B.254 is subject to an annual
  cost-of-living adjustment calculated by the attorney general.
         (b)  The attorney general shall calculate the amount of the
  cost-of-living adjustment by multiplying the amount of the annual
  payment received by the peace officer under this subchapter during
  the preceding year by the percentage by which the Consumer Price
  Index for All Urban Consumers published by the Bureau of Labor
  Statistics of the United States Department of Labor, or its
  successor index, increased during the preceding calendar year.
  (Code Crim. Proc., Art. 56.542(c).)
         Art. 56B.257.  CALCULATION OF INITIAL PAYMENT. The attorney
  general shall calculate the amount of an initial payment based on an
  injury suffered after September 1, 1989, by:
               (1)   calculating the amount to which the peace officer
  is entitled under Article 56B.254; and
               (2)  adding to that amount the cumulative successive
  cost-of-living adjustments for the intervening years calculated
  from the date of the injury. (Code Crim. Proc., Art. 56.542(d).)
         Art. 56B.258.  PROOF REQUIRED FOR PAYMENT. To receive a
  payment under this subchapter, a peace officer must provide to the
  attorney general:
               (1)  proof that the injury:
                     (A)  was sustained in the performance of the
  applicant's duties as a peace officer; and
                     (B)  is a total disability resulting in permanent
  incapacity for work; and
               (2)  any other information or evidence the attorney
  general requires. (Code Crim. Proc., Art. 56.542(e).)
         Art. 56B.259.  HEARING. The attorney general may approve
  the application without a hearing or may conduct a hearing under
  Article 56B.056. (Code Crim. Proc., Art. 56.542(f) (part).)
         Art. 56B.260.  JUDICIAL REVIEW. The decision of the
  attorney general is subject to judicial review under Subchapter H.
  (Code Crim. Proc., Art. 56.542(f) (part).)
         Art. 56B.261.  PERIODIC REVIEW. The attorney general may
  appoint a panel of physicians to periodically review each
  application for assistance under this subchapter to ensure the
  validity of the application and the necessity of continued
  assistance to the peace officer. (Code Crim. Proc., Art.
  56.542(g).)
         Art. 56B.262.  ISSUANCE OF WARRANT FOR PAYMENT. (a) The
  attorney general shall notify the comptroller of the attorney
  general's determination that a claim under this subchapter is valid
  and justifies payment. On receipt of the notice, the comptroller
  shall issue a warrant to or on behalf of the peace officer in the
  proper amount from amounts in the compensation to victims of crime
  fund. A payment under this subchapter to or on behalf of a peace
  officer is payable as soon as possible after the attorney general
  notifies the comptroller.
         (b)  The attorney general and the comptroller by rule shall
  adopt a memorandum of understanding to establish procedures under
  which annual payments continue to a peace officer until continued
  assistance is no longer necessary. (Code Crim. Proc., Arts.
  56.542(h), (i).)
         Art. 56B.263.  LIMITS ON COMPENSATION. The total aggregate
  amount of all annual payments made to an individual peace officer
  under this subchapter may not exceed $200,000.  The limits on
  compensation imposed by Article 56B.106 do not apply to payments
  made under this subchapter.  (Code Crim. Proc., Art. 56.542(k).)
         Art. 56B.264.  APPLICATION OF OTHER LAW. (a) Article
  56B.052 does not apply to the filing of an application under this
  subchapter.
         (b)  Other provisions of this chapter apply to this
  subchapter to the extent applicable and consistent with this
  subchapter.  (Code Crim. Proc., Art. 56.542(j).)
  SUBCHAPTER G. ATTORNEY'S FEES
         Art. 56B.301.  AWARD OF ATTORNEY'S FEES. (a) As part of an
  order, the attorney general shall determine and award reasonable
  attorney's fees commensurate with legal services rendered, to be
  paid by the state to the attorney representing the claimant or
  victim.
         (b)  Attorney's fees may be denied on a finding that the
  claim or appeal is frivolous.
         (c)  An award of attorney's fees is in addition to an award of
  compensation.
         (d)  Attorney's fees may not be paid to an attorney of a
  claimant or victim unless an award is made to the claimant or
  victim. (Code Crim. Proc., Arts. 56.43(a) (part), (b), (c), (e).)
         Art. 56B.302.  AMOUNT OF ATTORNEY'S FEES.  (a)  Attorney's
  fees may not exceed 25 percent of the amount of the award the
  attorney assisted the claimant or victim in obtaining.
         (b)  If there is no dispute of the attorney general's
  determination of the amount due to the claimant or victim and a
  hearing is not held, the attorney's fee shall be the lesser of:
               (1)  25 percent of the amount the attorney assisted the
  claimant or victim in obtaining; or
               (2)  $300.
         (c)  An attorney may not contract for or receive an amount
  that exceeds the amount allowed under this article. (Code Crim.
  Proc., Arts. 56.43(a) (part), (d).)
  SUBCHAPTER H. JUDICIAL REVIEW
         Art. 56B.351.  NOTICE OF DISSATISFACTION. Not later than
  the 40th day after the date the attorney general renders a final
  decision, a claimant or victim may file with the attorney general a
  notice of dissatisfaction with the decision. (Code Crim. Proc.,
  Art. 56.48(a) (part).)
         Art. 56B.352.  SUIT; VENUE. Not later than the 40th day
  after the date the claimant or victim gives notice of
  dissatisfaction under Article 56B.351, the claimant or victim must
  bring suit in:
               (1)  the district court having jurisdiction in the
  county in which:
                     (A)  the injury or death occurred; or
                     (B)  the victim resided at the time of the injury
  or death; or
               (2)  if the victim resided out of state at the time of
  the injury or death:
                     (A)  the district court having jurisdiction in the
  county in which the injury or death occurred; or
                     (B)  a district court in Travis County. (Code
  Crim. Proc., Art. 56.48(a) (part).)
         Art. 56B.353.  RESTRICTIONS ON ATTORNEY GENERAL DURING
  JUDICIAL REVIEW. While judicial review of a decision by the
  attorney general is pending, the attorney general:
               (1)  shall suspend payments to the claimant or victim;
  and
               (2)  may not reconsider the award. (Code Crim. Proc.,
  Art. 56.48(b).)
         Art. 56B.354.  STANDARD OF REVIEW. The court shall
  determine the issues by trial de novo. (Code Crim. Proc., Art.
  56.48(c) (part).)
         Art. 56B.355.  BURDEN OF PROOF. The burden of proof is on
  the claimant or victim filing the notice of dissatisfaction. (Code
  Crim. Proc., Art. 56.48(c) (part).)
         Art. 56B.356.  ATTORNEY'S FEES. In the event of judicial
  review, a court may award as attorney's fees an amount not to exceed
  25 percent of the total recovery by the claimant or victim. (Code
  Crim. Proc., Art. 56.48(d).)
         Art. 56B.357.  CALCULATION OF TIME. In calculating a period
  under Article 56B.351 or 56B.352, if the last day is a legal holiday
  or Sunday, the last day is not counted, and the time is extended to
  include the next business day. (Code Crim. Proc., Art. 56.48(e).)
  SUBCHAPTER I. PRIVATE ACTION
         Art. 56B.401.  NOTICE OF PROPOSED PRIVATE ACTION. Before a
  claimant or victim may bring an action to recover damages related to
  criminally injurious conduct for which compensation under this
  chapter is claimed or awarded, the claimant or victim must give the
  attorney general written notice of the proposed action. (Code
  Crim. Proc., Art. 56.52(a) (part).)
         Art. 56B.402.  RECEIPT OF NOTICE. After receiving notice
  under Article 56B.401, the attorney general shall promptly:
               (1)  join in the action as a party plaintiff to recover
  benefits awarded;
               (2)  require the claimant or victim to bring the action
  in the claimant's or victim's name as a trustee on behalf of the
  state to recover benefits awarded; or
               (3)  reserve the attorney general's rights and take
  neither action described by Subdivision (1) or (2). (Code Crim.
  Proc., Art. 56.52(a) (part).)
         Art. 56B.403.  DEDUCTION FOR REASONABLE EXPENSES. (a) A
  claimant or victim who brings an action as a trustee as described by
  Article 56B.402(2) and recovers compensation awarded by the
  attorney general may deduct from the benefits recovered on behalf
  of the state the reasonable expenses of the suit, including
  attorney's fees, expended in pursuing the recovery for the state.
         (b)  The claimant or victim must justify a deduction under
  Subsection (a) to the attorney general in writing on a form provided
  by the attorney general. (Code Crim. Proc., Art. 56.52(b).)
         Art. 56B.404.  LIMITATIONS ON RESOLUTION OF ACTION. (a)  A
  claimant or victim may not settle or otherwise resolve any such
  action without the attorney general's written authorization.
         (b)  A third party or agent, insurer, or attorney of a third
  party may not participate in the settlement or other resolution of
  such an action if the third party, agent, insurer, or attorney
  actually knows, or should know, that the claimant or victim has
  received money from the compensation to victims of crime fund and is
  subject to the subrogation provisions of this subchapter.
         (c)  Any attempt by a third party or agent, insurer, or
  attorney of a third party to settle an action is void and does not
  result in a release from liability to the compensation to victims of
  crime fund for any rights subrogated under this subchapter.
         (d)  An agent, insurer, or attorney described by this article
  is personally liable to the compensation to victims of crime fund
  for any money paid to a claimant or victim in violation of this
  article, in an amount not to exceed the full amount of the fund's
  right to reimbursement. (Code Crim. Proc., Art. 56.52(c) (part).)
         Art. 56B.405.  CRIMINAL PENALTY. (a) A claimant, victim, or
  third party, or an agent, insurer, or attorney of a third party,
  commits an offense if the person knowingly fails to comply with the
  requirements of this chapter, Chapter 56A, or Subchapter B, Chapter
  58.
         (b)  An offense under Subsection (a) is a Class B
  misdemeanor, except that any fine imposed may not exceed $500.
  (Code Crim. Proc., Arts. 56.52(c) (part), (d).)
  SUBCHAPTER J. FUNDS
         Art. 56B.451.  DEFINITION. In this subchapter, "fund" means
  the compensation to victims of crime fund. (New.)
         Art. 56B.452.  ESTABLISHMENT. (a) The compensation to
  victims of crime fund is in the state treasury.
         (b)  Section 403.095, Government Code, does not apply to the
  fund. (Code Crim. Proc., Arts. 56.54(a), (g) (part).)
         Art. 56B.453.  USE OF MONEY. (a) Money in the fund may be
  used only as provided by this chapter and is not available for any
  other purpose.
         (b)  Except as provided by Subsection (d) and Articles
  56B.455, 56B.458, 56B.459, and 56B.460, the fund may be used only by
  the attorney general to pay compensation to claimants or victims
  under this chapter.
         (c)  For purposes of Subsection (b), compensation to
  claimants or victims includes money allocated from the fund to the
  Crime Victims' Institute created by Section 96.65, Education Code,
  for the operation of the institute and for other expenses in
  administering this chapter. The institute shall use money
  allocated from the fund only for the purposes of Sections 96.65,
  96.651, and 96.652, Education Code.
         (d)  The attorney general may use the fund to:
               (1)  reimburse a law enforcement agency for the
  reasonable costs of a forensic medical examination that are
  incurred by the agency under Subchapter F or G, Chapter 56A; and
               (2)  make a payment to or on behalf of an individual for
  the reasonable costs incurred for medical care provided under
  Subchapter F or G, Chapter 56A, in accordance with Section 323.004,
  Health and Safety Code. (Code Crim. Proc., Arts. 56.54(b), (g)
  (part), (k).)
         Art. 56B.454.  LIMITATIONS ON PAYMENTS. (a) The attorney
  general may not make compensation payments that exceed the amount
  of money available in the fund.
         (b)  General revenue funds may not be used for payments under
  this chapter. (Code Crim. Proc., Arts. 56.54(d), (e).)
         Art. 56B.455.  AMOUNT CARRIED FORWARD. An amount of money
  deposited to the credit of the fund not to exceed one-quarter of the
  amount disbursed from that fund in the form of compensation
  payments during a state fiscal year shall be carried forward into
  the next succeeding state fiscal year and applied toward the amount
  listed in that fiscal year's method of financing. (Code Crim.
  Proc., Art. 56.54(h).)
         Art. 56B.456.  TRANSFER OF MONEY FROM AUXILIARY FUND. (a)
  Not later than September 15 of each year, the attorney general,
  after consulting with the comptroller, shall certify the amount of
  money remaining in the compensation to victims of crime auxiliary
  fund at the end of the preceding state fiscal year.
         (b)  If the amount remaining in the compensation to victims
  of crime auxiliary fund as certified under Subsection (a) exceeds
  $5 million, as soon as practicable after the date of certification,
  the attorney general may transfer to the fund an amount that is not
  more than 50 percent of the excess amount in the auxiliary fund.
  Money transferred under this subsection may be used only to make
  compensation payments during the state fiscal year in which the
  amount is transferred. (Code Crim. Proc., Art. 56.54(m).)
         Art. 56B.457.  GIFTS, GRANTS, AND DONATIONS. (a) The
  attorney general may accept gifts, grants, and donations to be
  credited to the fund.
         (b)  The attorney general shall file annually with the
  governor and the presiding officer of each house of the legislature
  a complete and detailed written report accounting for all gifts,
  grants, and donations received and disbursed, used, or maintained
  by the attorney general that are credited to the fund. (Code Crim.
  Proc., Art. 56.54(f).)
         Art. 56B.458.  EMERGENCY RESERVE. (a) If the amount
  available in the fund is sufficient in a state fiscal year to make
  all compensation payments, the attorney general may retain any
  portion of the fund that was deposited during the fiscal year that
  exceeded compensation payments made during that fiscal year as an
  emergency reserve for the next fiscal year. The emergency reserve
  may not exceed $10,000,000.
         (b)  The emergency reserve may be used only:
               (1)  to make compensation awards in claims; and
               (2)  to provide emergency relief and assistance,
  including crisis intervention, emergency housing, travel, food, or
  expenses and technical assistance expenses incurred in
  implementing this article in incidents resulting from an act of
  mass violence or from an act of international terrorism as defined
  by 18 U.S.C. Section 2331, occurring in this state or for Texas
  residents injured or killed in an act of terrorism outside of the
  United States. (Code Crim. Proc., Art. 56.54(i).)
         Art. 56B.459.  APPROPRIATION FOR ASSOCIATE JUDGE PROGRAM.
  The legislature may appropriate money in the fund to administer the
  associate judge program under Subchapter C, Chapter 201, Family
  Code. (Code Crim. Proc., Art. 56.54(j).)
         Art. 56B.460.  APPROPRIATION FOR OTHER CRIME VICTIM
  ASSISTANCE. (a) Not later than December 15 of each even-numbered
  year, the attorney general, after consulting with the comptroller,
  shall prepare forecasts and certify estimates of:
               (1)  the amount of money in the fund that the attorney
  general anticipates will remain unexpended at the end of the
  current state fiscal year and that is available for appropriation
  in the next state fiscal biennium;
               (2)  the amount of money that the attorney general
  anticipates will be received from deposits made to the credit of the
  fund during the next state fiscal biennium, other than deposits of:
                     (A)  gifts, grants, and donations; and
                     (B)  money received from the United States; and
               (3)  the amount of money from the fund that the attorney
  general anticipates will be obligated during the next state fiscal
  biennium to comply with this chapter, Chapter 56A, and Subchapter
  B, Chapter 58.
         (b)  At the time the attorney general certifies the estimates
  made under Subsection (a), the attorney general shall also certify
  for the next state fiscal biennium the amount of excess money in the
  fund available for the purposes of Subsection (c), calculated by
  multiplying the amount estimated under Subsection (a)(3) by 105
  percent and subtracting that product from the sum of the amounts
  estimated under Subsections (a)(1) and (2).
         (c)  For a state fiscal biennium, the legislature may
  appropriate from the fund the amount of excess money in the fund
  certified for the biennium under Subsection (b) to state agencies
  that deliver or fund victim-related services or assistance.
         (d)  The attorney general and the comptroller shall
  cooperate in determining the proper allocation of the various
  sources of revenue deposited to the credit of the fund for purposes
  of this article.
         (e)  The attorney general may use money appropriated from the
  fund for grants or contracts supporting victim-related services or
  assistance, including support for private Texas nonprofit
  corporations that provide victim-related civil legal services
  directly to victims, immediate family members of victims, or
  claimants. A grant supporting victim-related services or
  assistance is governed by Chapter 783, Government Code.
         (f)  The attorney general shall adopt rules necessary to
  implement this article. (Code Crim. Proc., Art. 56.541.)
         Art. 56B.461.  USE OF AUXILIARY FUND. As appropriated by the
  legislature, the attorney general may use the compensation to
  victims of crime auxiliary fund to cover costs incurred by the
  attorney general in administering the address confidentiality
  program established under Subchapter B, Chapter 58. (Code Crim.
  Proc., Art. 56.54(l).)
         Art. 56B.462.  PAYERS OF LAST RESORT. The fund and the
  compensation to victims of crime auxiliary fund are the payers of
  last resort. (Code Crim. Proc., Art. 56.34(f).)
  SUBCHAPTER K. ADMINISTRATIVE PENALTY
         Art. 56B.501.  CONDUCT SUBJECT TO PENALTY; AMOUNT OF
  PENALTY. (a) A person who presents to the attorney general, or
  engages in conduct that results in the presentation to the attorney
  general of, an application for compensation under this chapter that
  contains a statement or representation the person knows to be false
  is liable to the attorney general for:
               (1)  the amount paid in reliance on the application,
  plus interest on that amount determined at the rate provided by law
  for legal judgments and accruing from the date on which the payment
  was made;
               (2)  payment of an administrative penalty in an amount
  not to exceed twice the amount paid as a result of the false
  application for benefits or claim for pecuniary loss; and
               (3)  payment of an administrative penalty in an amount
  not to exceed $10,000 for each item or service for which payment was
  claimed.
         (b)  In determining the amount of the penalty to be assessed
  under Subsection (a)(3), the attorney general shall consider:
               (1)  the seriousness of the violation;
               (2)  whether the person has previously submitted a
  false application for benefits or a claim for pecuniary loss; and
               (3)  the amount necessary to deter the person from
  submitting future false applications for benefits or claims for
  pecuniary loss. (Code Crim. Proc., Arts. 56.64(a), (b).)
         Art. 56B.502.  REPORT AND NOTICE OF VIOLATION AND PENALTY.
  (a) On determining that a violation has occurred, the attorney
  general may issue a report stating:
               (1)  the facts on which the determination is made; and
               (2)  the attorney general's recommendation on the
  imposition of an administrative penalty, including a
  recommendation on the amount of the penalty.
         (b)  The attorney general shall give written notice of the
  report to the person described by Article 56B.501. The notice may
  be given by certified mail and must:
               (1)  include a brief summary of the alleged violation;
               (2)  state the amount of the recommended penalty; and
               (3)  inform the person of the right to a hearing on the
  occurrence of the violation, the amount of the penalty, or both.
  (Code Crim. Proc., Arts. 56.64(c), (d).)
         Art. 56B.503.  PENALTY TO BE PAID OR HEARING REQUESTED. (a)
  Not later than the 20th day after the date the person receives the
  notice, the person in writing may:
               (1)  accept the attorney general's determination and
  recommended administrative penalty; or
               (2)  request a hearing on the occurrence of the
  violation, the amount of the penalty, or both.
         (b)  If the person accepts the attorney general's
  determination and recommended penalty, the attorney general by
  order shall approve the determination and impose the recommended
  penalty. (Code Crim. Proc., Arts. 56.64(e), (f).)
         Art. 56B.504.  HEARING. (a) If the person requests a
  hearing as provided by Article 56B.503(a) or fails to respond to the
  notice in a timely manner, the attorney general shall set a
  contested case hearing under Chapter 2001, Government Code, and
  notify the person of the hearing.
         (b)  The administrative law judge shall make findings of fact
  and conclusions of law and promptly issue to the attorney general a
  proposal for a decision regarding the occurrence of the violation
  and the amount of a proposed administrative penalty. (Code Crim.
  Proc., Art. 56.64(g) (part).)
         Art. 56B.505.  DECISION BY ATTORNEY GENERAL. (a) Based on
  the findings of fact, conclusions of law, and proposal for a
  decision, the attorney general by order may find that:
               (1)  a violation occurred and impose an administrative
  penalty; or
               (2)  a violation did not occur.
         (b)  Notice of the attorney general's order given to the
  person under Chapter 2001, Government Code, must include a
  statement of the person's right to judicial review of the order.
  (Code Crim. Proc., Arts. 56.64(g) (part), (h).)
         Art. 56B.506.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
  (a) Not later than the 30th day after the date the attorney
  general's order becomes final under Section 2001.144, Government
  Code, the person shall:
               (1)  pay the administrative penalty;
               (2)  pay the penalty and file a petition for judicial
  review contesting the occurrence of the violation, the amount of
  the penalty, or both; or
               (3)  without paying the penalty, file a petition for
  judicial review contesting the occurrence of the violation, the
  amount of the penalty, or both.
         (b)  Within the 30-day period, a person who acts under
  Subsection (a)(3) may:
               (1)  stay enforcement of the penalty by:
                     (A)  paying the penalty to the court for placement
  in an escrow account; or
                     (B)  giving to the court a supersedeas bond that
  is approved by the court and that is:
                           (i)  for the amount of the penalty; and
                           (ii)  effective until judicial review of the
  attorney general's order is final; or
               (2)  request the court to stay enforcement of the
  penalty by:
                     (A)  filing with the court a sworn affidavit of
  the person stating that the person is financially unable to pay the
  penalty or give the supersedeas bond; and
                     (B)  delivering a copy of the affidavit to the
  attorney general by certified mail.
         (c)  On receipt by the attorney general of a copy of an
  affidavit under Subsection (b)(2), the attorney general may file
  with the court a contest to the affidavit not later than the fifth
  day after the date the copy is received.
         (d)  The court shall hold a hearing on the facts alleged in
  the affidavit as soon as practicable and shall stay the enforcement
  of the penalty on finding that the alleged facts are true. A person
  who files an affidavit under Subsection (b)(2) has the burden of
  proving that the person is financially unable to pay the penalty or
  give a supersedeas bond. (Code Crim. Proc., Arts. 56.64(i), (j),
  (k).)
         Art. 56B.507.  COLLECTION OF PENALTY. If the person does not
  pay the administrative penalty and the enforcement of the penalty
  is not stayed, the attorney general may file suit to collect the
  penalty. (Code Crim. Proc., Art. 56.64(l).)
         Art. 56B.508.  DECISION BY COURT. (a) If the court sustains
  the finding that a violation occurred, the court may order the
  person to pay the full or a reduced administrative penalty.
         (b)  If the court does not sustain the finding that a
  violation occurred, the court shall order that a penalty is not
  owed. (Code Crim. Proc., Art. 56.64(n).)
         Art. 56B.509.  REMITTANCE OF PENALTY AND INTEREST. (a) If
  the person paid the administrative penalty and the amount is
  reduced or is not upheld by the court, the court shall order that
  the appropriate amount plus accrued interest be remitted to the
  person.
         (b)  The interest accrues at the rate charged on loans to
  depository institutions by the New York Federal Reserve Bank. The
  interest shall be paid for the period beginning on the date the
  penalty was paid and ending on the date the penalty is remitted.
  (Code Crim. Proc., Art. 56.64(o) (part).)
         Art. 56B.510.  RELEASE OF BOND. (a) If the person gave a
  supersedeas bond and the administrative penalty is not upheld by
  the court, the court shall order the release of the bond.
         (b)  If the person gave a supersedeas bond and the amount of
  the penalty is reduced, the court shall order the release of the
  bond after the person pays the amount. (Code Crim. Proc., Art.
  56.64(o) (part).)
         Art. 56B.511.  DISPOSITION OF PENALTY. An administrative
  penalty collected under this subchapter shall be sent to the
  comptroller and deposited to the credit of the compensation to
  victims of crime fund. (Code Crim. Proc., Art. 56.64(p).)
         Art. 56B.512.  RECOVERY OF EXPENSES. In addition to the
  administrative penalty authorized by this subchapter, the attorney
  general may recover all expenses incurred by the attorney general
  in the investigation, institution, and prosecution of the suit,
  including investigative costs, witness fees, attorney's fees, and
  deposition expenses. (Code Crim. Proc., Art. 56.64(r).)
         Art. 56B.513.  ADMINISTRATIVE PROCEDURE. A proceeding under
  this subchapter is subject to Chapter 2001, Government Code. (Code
  Crim. Proc., Art. 56.64(q).)
  SUBCHAPTER L. OTHER PENALTIES AND SANCTIONS
         Art. 56B.551.  LETTER OF REPRIMAND. (a) The attorney
  general may issue a letter of reprimand against an individual who
  the attorney general finds has filed or has caused to be filed under
  this chapter an application for benefits or claim for pecuniary
  loss that contains a statement or representation that the
  individual knows is false.
         (b)  The attorney general must give the individual notice of
  the proposed action before issuing the letter.
         (c)  An individual may challenge the denial of compensation
  and the issuance of a letter of reprimand in a contested case
  hearing under Chapter 2001, Government Code.
         (d)  A letter of reprimand issued under this article is
  public information. (Code Crim. Proc., Art. 56.62.)
         Art. 56B.552.  CIVIL PENALTY. (a) A person is subject to a
  civil penalty of not less than $2,500 or more than $25,000 for each
  application for compensation that:
               (1)  is filed under this chapter by the person or as a
  result of the person's conduct; and
               (2)  contains a material statement or representation
  that the person knows is false.
         (b)  The attorney general shall institute and conduct a suit
  to collect on behalf of the state the civil penalty authorized by
  this article.
         (c)  A civil penalty recovered under this article shall be
  deposited to the credit of the compensation to victims of crime
  fund.
         (d)  The civil penalty authorized by this article is in
  addition to any other civil, administrative, or criminal penalty
  provided by law.
         (e)  In addition to the civil penalty authorized by this
  article, the attorney general may recover expenses incurred by the
  attorney general in the investigation, institution, and
  prosecution of the suit, including investigative costs, witness
  fees, attorney's fees, and deposition expenses. (Code Crim. Proc.,
  Art. 56.63.)
         SECTION 1.07.  Title 1, Code of Criminal Procedure, is amended by adding Chapter 58 to read as follows:
 
  CHAPTER 58. CONFIDENTIALITY OF IDENTIFYING INFORMATION AND MEDICAL
  RECORDS OF CERTAIN CRIME VICTIMS
  SUBCHAPTER A. GENERAL PROVISIONS
  Art. 58.001.  GENERAL DEFINITIONS 
  SUBCHAPTER B. ADDRESS CONFIDENTIALITY PROGRAM FOR CERTAIN CRIME
  VICTIMS
  Art. 58.051.  DEFINITIONS 
  Art. 58.052.  ADDRESS CONFIDENTIALITY PROGRAM 
  Art. 58.053.  AGENCY ACCEPTANCE OF SUBSTITUTE ADDRESS
                 REQUIRED; EXEMPTIONS 
  Art. 58.054.  ELIGIBILITY 
  Art. 58.055.  APPLICATION 
  Art. 58.056.  APPLICATION AND ELIGIBILITY RULES AND
                 PROCEDURES 
  Art. 58.057.  FALSE STATEMENT ON APPLICATION 
  Art. 58.058.  EXCLUSION FROM PARTICIPATION IN PROGRAM;
                 WITHDRAWAL 
  Art. 58.059.  CERTIFICATION OF PARTICIPATION IN PROGRAM 
  Art. 58.060.  CONFIDENTIALITY OF PARTICIPANT
                 INFORMATION; DESTRUCTION OF INFORMATION 
  Art. 58.061.  EXCEPTIONS 
  Art. 58.062.  LIABILITY 
  SUBCHAPTER C. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF SEX
  OFFENSE VICTIMS
  Art. 58.101.  DEFINITION 
  Art. 58.102.  DESIGNATION OF PSEUDONYM; PSEUDONYM FORM 
  Art. 58.103.  VICTIM INFORMATION CONFIDENTIAL 
  Art. 58.104.  COURT-ORDERED DISCLOSURE OF VICTIM
                 INFORMATION 
  Art. 58.105.  DISCLOSURE OF CERTAIN CHILD VICTIM
                 INFORMATION PROHIBITED 
  Art. 58.106.  DISCLOSURE OF INFORMATION OF CONFINED
                 VICTIM 
  Art. 58.107.  OFFENSE 
  SUBCHAPTER D. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
  VICTIMS OF STALKING
  Art. 58.151.  DEFINITION 
  Art. 58.152.  DESIGNATION OF PSEUDONYM; PSEUDONYM FORM 
  Art. 58.153.  VICTIM INFORMATION CONFIDENTIAL 
  Art. 58.154.  COURT-ORDERED DISCLOSURE OF VICTIM
                 INFORMATION 
  Art. 58.155.  DISCLOSURE OF CERTAIN CHILD VICTIM
                 INFORMATION PROHIBITED 
  Art. 58.156.  OFFENSE 
  Art. 58.157.  EFFECT ON OTHER LAW 
  SUBCHAPTER E. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
  VICTIMS OF FAMILY VIOLENCE
  Art. 58.201.  DEFINITION 
  Art. 58.202.  DESIGNATION OF PSEUDONYM; PSEUDONYM FORM 
  Art. 58.203.  VICTIM INFORMATION CONFIDENTIAL 
  Art. 58.204.  COURT-ORDERED DISCLOSURE OF VICTIM
                 INFORMATION 
  Art. 58.205.  DISCLOSURE OF CERTAIN CHILD VICTIM
                 INFORMATION PROHIBITED 
  Art. 58.206.  OFFENSE 
  Art. 58.207.  APPLICABILITY OF SUBCHAPTER TO DEPARTMENT
                 OF FAMILY AND PROTECTIVE SERVICES 
  Art. 58.208.  APPLICABILITY OF SUBCHAPTER TO POLITICAL
                 SUBDIVISIONS 
  SUBCHAPTER F. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
  VICTIMS OF TRAFFICKING OF PERSONS
  Art. 58.251.  DEFINITION 
  Art. 58.252.  DESIGNATION OF PSEUDONYM; PSEUDONYM FORM 
  Art. 58.253.  VICTIM INFORMATION CONFIDENTIAL 
  Art. 58.254.  COURT-ORDERED DISCLOSURE OF VICTIM
                 INFORMATION 
  Art. 58.255.  DISCLOSURE OF CHILD VICTIM INFORMATION
                 PROHIBITED 
  Art. 58.256.  OFFENSE 
  SUBCHAPTER G. SEALING OF MEDICAL RECORDS OF CERTAIN CHILD VICTIMS
  Art. 58.301.  DEFINITIONS 
  Art. 58.302.  SEALING OF MEDICAL RECORDS 
  Art. 58.303.  ACCESS TO SEALED MEDICAL RECORDS 
  Art. 58.304.  LIABILITY 
  CHAPTER 58. CONFIDENTIALITY OF IDENTIFYING INFORMATION AND MEDICAL
  RECORDS OF CERTAIN CRIME VICTIMS
  SUBCHAPTER A. GENERAL PROVISIONS
         Art. 58.001.  GENERAL DEFINITIONS. In this chapter:
               (1)  "Name" means the legal name of a person.
               (2)  "Pseudonym" means a set of initials or a
  fictitious name chosen by a victim to designate the victim in all
  public files and records concerning the offense, including police
  summary reports, press releases, and records of judicial
  proceedings.
               (3)  "Public servant" has the meaning assigned by
  Section 1.07(a), Penal Code. (Code Crim. Proc., Arts. 57.01(1),
  (2), (3), 57A.01(1), (2), (3), 57B.01(1), (2), (3), 57D.01(1), (2),
  (3).)
  SUBCHAPTER B. ADDRESS CONFIDENTIALITY PROGRAM FOR CERTAIN CRIME
  VICTIMS
         Art. 58.051.  DEFINITIONS. In this subchapter:
               (1)  "Applicant" means a person who applies to
  participate in the program.
               (2)  "Family violence" has the meaning assigned by
  Section 71.004, Family Code.
               (3)  "Family violence shelter center" has the meaning
  assigned by Section 51.002, Human Resources Code.
               (4)  "Household" has the meaning assigned by Section
  71.005, Family Code.
               (5)  "Mail" means first class mail and any mail sent by
  a government agency. The term does not include a package,
  regardless of size or type of mailing.
               (6)  "Participant" means an applicant who is certified
  for participation in the program.
               (7)  "Program" means the address confidentiality
  program created under this subchapter.
               (8)  "Sexual abuse" means any conduct that constitutes
  an offense under Section 21.02, 21.11, or 25.02, Penal Code.
               (9)  "Sexual assault" means any conduct that
  constitutes an offense under Section 22.011 or 22.021, Penal Code.
               (10)  "Stalking" means any conduct that constitutes an
  offense under Section 42.072, Penal Code.
               (11)  "Trafficking of persons" means any conduct that:
                     (A)  constitutes an offense under Section 20A.02,
  20A.03, 43.03, 43.04, 43.05, 43.25, 43.251, or 43.26, Penal Code;
  and
                     (B)  results in a person:
                           (i)  engaging in forced labor or services;
  or
                           (ii)  otherwise becoming a victim of the
  offense. (Code Crim. Proc., Art. 56.81.)
         Art. 58.052.  ADDRESS CONFIDENTIALITY PROGRAM. (a) The
  attorney general shall establish an address confidentiality
  program, as provided by this subchapter, to assist a victim of
  family violence, sexual assault or abuse, stalking, or trafficking
  of persons in maintaining a confidential address.
         (b)  The attorney general shall:
               (1)  designate a substitute post office box address
  that a participant may use in place of the participant's true
  residential, business, or school address;
               (2)  act as agent to receive service of process and mail
  on behalf of the participant; and
               (3)  forward to the participant mail received by the
  office of the attorney general on behalf of the participant.
         (c)  A summons, writ, notice, demand, or process may be
  served on the attorney general on behalf of the participant by
  delivery of two copies of the document to the office of the attorney
  general. The attorney general shall retain a copy of the summons,
  writ, notice, demand, or process and forward the original to the
  participant not later than the third day after the date of service
  on the attorney general.
         (d)  The attorney general shall make and retain a copy of the
  envelope in which certified mail is received on behalf of the
  participant.
         (e)  The attorney general shall adopt rules to administer the
  program. (Code Crim. Proc., Arts. 56.82, 56.93.)
         Art. 58.053.  AGENCY ACCEPTANCE OF SUBSTITUTE ADDRESS
  REQUIRED; EXEMPTIONS. (a) Except as provided by Subsection (b), a
  state or local agency must accept the substitute post office box
  address designated by the attorney general if the substitute
  address is presented to the agency by a participant in place of the
  participant's true residential, business, or school address.
         (b)  The attorney general by rule may permit an agency to
  require a participant to provide the participant's true
  residential, business, or school address, if necessary for the
  agency to perform a duty or function that is imposed by law or
  administrative requirement. (Code Crim. Proc., Art. 56.89.)
         Art. 58.054.  ELIGIBILITY. To be eligible to participate in
  the program:
               (1)  an applicant must:
                     (A)  meet with a victim's assistance counselor
  from a state or local agency or other for-profit or nonprofit entity
  that is identified by the attorney general as an entity that
  provides shelter or civil legal services or counseling to victims
  of family violence, sexual assault or abuse, stalking, or
  trafficking of persons;
                     (B)  be protected under, or be filing an
  application on behalf of a victim who is the applicant's child or
  another person in the applicant's household and who is protected
  under:
                           (i)  a temporary injunction issued under
  Subchapter F, Chapter 6, Family Code;
                           (ii)  a temporary ex parte order issued
  under Chapter 83, Family Code;
                           (iii)  an order issued under Subchapter A or
  B, Chapter 7B, of this code or Chapter 85, Family Code; or
                           (iv)  a magistrate's order for emergency
  protection issued under Article 17.292; or
                     (C)  possess documentation of family violence, as
  identified by the rules adopted under Article 58.056, or of sexual
  assault or abuse or stalking, as described by Section 92.0161,
  Property Code; and
               (2)  an applicant must:
                     (A)  file an application for participation with
  the attorney general or a state or local agency or other entity
  identified by the attorney general under Subdivision (1);
                     (B)  file an affirmation that the applicant has
  discussed safety planning with a victim's assistance counselor
  described by Subdivision (1)(A);
                     (C)  designate the attorney general as agent to
  receive service of process and mail on behalf of the applicant; and
                     (D)  live at a residential address, or relocate to
  a residential address, that is unknown to the person who committed
  or is alleged to have committed the family violence, sexual assault
  or abuse, stalking, or trafficking of persons. (Code Crim. Proc.,
  Art. 56.83(a).)
         Art. 58.055.  APPLICATION. (a) An application under
  Article 58.054(2)(A) must contain:
               (1)  a signed, sworn statement by the applicant stating
  that the applicant fears for the safety of the applicant, the
  applicant's child, or another person in the applicant's household
  because of a threat of immediate or future harm caused by the person
  who committed or is alleged to have committed the family violence,
  sexual assault or abuse, stalking, or trafficking of persons;
               (2)  the applicant's true residential address and, if
  applicable, the applicant's business and school addresses; and
               (3)  a statement by the applicant of whether there is an
  existing court order or a pending court case for child support or
  child custody or visitation that involves the applicant, the
  applicant's child, or another person in the applicant's household
  and, if so, the name and address of:
                     (A)  the legal counsel of record; and
                     (B)  each parent involved in the court order or
  pending case.
         (b)  An application under Article 58.054(2)(A) must be
  completed by the applicant in person at the state or local agency or
  other entity with which the application is filed.
         (c)  A state or local agency or other entity with which an
  application is filed under Article 58.054(2)(A) shall forward the
  application to the office of the attorney general.
         (d)  Any assistance or counseling provided by the attorney
  general or an employee or agent of the attorney general to an
  applicant does not constitute legal advice.
         (e)  The attorney general shall make program information and
  application materials available online. (Code Crim. Proc., Arts.
  56.83(b), (c) (part), (d), (f), 56.92.)
         Art. 58.056.  APPLICATION AND ELIGIBILITY RULES AND
  PROCEDURES. (a) The attorney general may establish procedures for
  requiring an applicant, in appropriate circumstances, to submit
  with the application under Article 58.054(2)(A) independent
  documentary evidence of family violence, sexual assault or abuse,
  stalking, or trafficking of persons in the form of:
               (1)  an active or recently issued order described by
  Article 58.054(1)(B);
               (2)  an incident report or other record maintained by a
  law enforcement agency or official;
               (3)  a statement of a physician or other health care
  provider regarding the medical condition of the applicant,
  applicant's child, or other person in the applicant's household as a
  result of the family violence, sexual assault or abuse, stalking,
  or trafficking of persons;
               (4)  a statement of a mental health professional, a
  member of the clergy, an attorney or other legal advocate, a trained
  staff member of a family violence center, or another professional
  who has assisted the applicant, applicant's child, or other person
  in the applicant's household in addressing the effects of the
  family violence, sexual assault or abuse, stalking, or trafficking
  of persons; or
               (5)  any other independent documentary evidence
  necessary to show the applicant's eligibility to participate in the
  program.
         (b)  The attorney general by rule may establish additional
  eligibility requirements for participation in the program that are
  consistent with the purpose of the program as stated in Article
  58.052(a). (Code Crim. Proc., Arts. 56.83(e), (e-1).)
         Art. 58.057.  FALSE STATEMENT ON APPLICATION. (a) An
  applicant who knowingly or intentionally makes a false statement in
  an application under Article 58.054(2)(A) is subject to prosecution
  under Chapter 37, Penal Code.
         (b)  An applicant is ineligible for, and a participant may be
  excluded from, participation in the program if the applicant or
  participant knowingly makes a false statement on an application
  filed under Article 58.054(2)(A). (Code Crim. Proc., Arts.
  56.83(c) (part), 56.86(a).)
         Art. 58.058.  EXCLUSION FROM PARTICIPATION IN PROGRAM;
  WITHDRAWAL. (a) A participant may be excluded from participation
  in the program if:
               (1)  mail forwarded to the participant by the attorney
  general is returned undeliverable on at least four occasions;
               (2)  the participant changes the participant's true
  residential address as provided in the application filed under
  Article 58.054(2)(A) and does not notify the attorney general of
  the change at least 10 days before the date of the change; or
               (3)  the participant changes the participant's name.
         (b)  A participant may withdraw from the program by notifying
  the attorney general in writing of the withdrawal. (Code Crim.
  Proc., Arts. 56.86(b), 56.87.)
         Art. 58.059.  CERTIFICATION OF PARTICIPATION IN PROGRAM.
  (a) The attorney general shall certify for participation in the
  program an applicant who satisfies the eligibility requirements
  under Articles 58.054 and 58.056(b).
         (b)  A certification under this article expires on the third
  anniversary of the date of certification.
         (c)  To renew a certification under this article, a
  participant must satisfy the eligibility requirements under
  Articles 58.054 and 58.056(b) as if the participant were originally
  applying for participation in the program. (Code Crim. Proc.,
  Arts. 56.84, 56.85.)
         Art. 58.060.  CONFIDENTIALITY OF PARTICIPANT INFORMATION;
  DESTRUCTION OF INFORMATION. (a) Information relating to a
  participant:
               (1)  is confidential, except as provided by Article
  58.061; and
               (2)  may not be disclosed under Chapter 552, Government
  Code.
         (b)  Except as provided by Article 58.052(d), the attorney
  general may not make a copy of any mail received by the office of the
  attorney general on behalf of the participant.
         (c)  The attorney general shall destroy all information
  relating to a participant on the third anniversary of the date the
  participant's participation in the program ends. (Code Crim.
  Proc., Art. 56.88.)
         Art. 58.061.  EXCEPTIONS. (a) The attorney general shall
  disclose a participant's true residential, business, or school
  address if:
               (1)  requested by:
                     (A)  a law enforcement agency for the purpose of
  conducting an investigation;
                     (B)  the Department of Family and Protective
  Services for the purpose of conducting a child protective services
  investigation under Chapter 261, Family Code; or
                     (C)  the Department of State Health Services or a
  local health authority for the purpose of making a notification
  described by Article 21.31 of this code, Section 54.033, Family
  Code, or Section 81.051, Health and Safety Code; or
               (2)  required by court order.
         (b)  The attorney general may disclose a participant's true
  residential, business, or school address if:
               (1)  the participant consents to the disclosure; and
               (2)  the disclosure is necessary to administer the
  program.
         (c)  A person to whom a participant's true residential,
  business, or school address is disclosed under this article shall
  maintain the requested information in a manner that protects the
  confidentiality of the participant's true residential, business,
  or school address. (Code Crim. Proc., Art. 56.90.)
         Art. 58.062.  LIABILITY. (a) The attorney general or an
  agent or employee of the attorney general is immune from liability
  for any act or omission by the agent or employee in administering
  the program if the agent or employee was acting in good faith and in
  the course and scope of assigned responsibilities and duties.
         (b)  An agent or employee of the attorney general who does
  not act in good faith and in the course and scope of assigned
  responsibilities and duties in disclosing a participant's true
  residential, business, or school address is subject to prosecution
  under Chapter 39, Penal Code. (Code Crim. Proc., Art. 56.91.)
  SUBCHAPTER C. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF SEX
  OFFENSE VICTIMS
         Art. 58.101.  DEFINITION. In this subchapter, "victim"
  means a person who was the subject of:
               (1)  an offense the commission of which leads to a
  reportable conviction or adjudication under Chapter 62; or
               (2)  an offense that is part of the same criminal
  episode, as defined by Section 3.01, Penal Code, as an offense
  described by Subdivision (1). (Code Crim. Proc., Art. 57.01(4).)
         Art. 58.102.  DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a)
  A victim may choose a pseudonym to be used instead of the victim's
  name to designate the victim in all public files and records
  concerning the offense, including police summary reports, press
  releases, and records of judicial proceedings. A victim who elects
  to use a pseudonym as provided by this subchapter must complete a
  pseudonym form developed under Subsection (b) and return the form
  to the law enforcement agency investigating the offense.
         (b)  The Sexual Assault Prevention and Crisis Services
  Program of the office of the attorney general shall develop and
  distribute to all law enforcement agencies of the state a pseudonym
  form to record the name, address, telephone number, and pseudonym
  of a victim. (Code Crim. Proc., Arts. 57.02(a), (b).)
         Art. 58.103.  VICTIM INFORMATION CONFIDENTIAL. (a) A
  victim who completes a pseudonym form and returns the form to the
  law enforcement agency investigating the offense may not be
  required to disclose the victim's name, address, and telephone
  number in connection with the investigation or prosecution of the
  offense.
         (b)  A completed and returned pseudonym form is confidential
  and may not be disclosed to any person other than a defendant in the
  case or the defendant's attorney, except on an order of a court.
  The court finding required by Article 58.104 is not required to
  disclose the confidential pseudonym form to the defendant in the
  case or to the defendant's attorney.
         (c)  If a victim completes a pseudonym form and returns the
  form to a law enforcement agency under Article 58.102(a), the law
  enforcement agency receiving the form shall:
               (1)  remove the victim's name and substitute the
  pseudonym for the name on all reports, files, and records in the
  agency's possession;
               (2)  notify the attorney representing the state of the
  pseudonym and that the victim has elected to be designated by the
  pseudonym; and
               (3)  maintain the form in a manner that protects the
  confidentiality of the information contained on the form.
         (d)  An attorney representing the state who receives notice
  that a victim has elected to be designated by a pseudonym shall
  ensure that the victim is designated by the pseudonym in all legal
  proceedings concerning the offense. (Code Crim. Proc., Arts.
  57.02(c), (d), (e), (f).)
         Art. 58.104.  COURT-ORDERED DISCLOSURE OF VICTIM
  INFORMATION. A court may order the disclosure of a victim's name,
  address, and telephone number only if the court finds that the
  information is essential in the trial of the defendant for the
  offense or the identity of the victim is in issue. (Code Crim.
  Proc., Art. 57.02(g).)
         Art. 58.105.  DISCLOSURE OF CERTAIN CHILD VICTIM INFORMATION
  PROHIBITED. Except as required or permitted by other law or by
  court order, a public servant or other person who has access to or
  obtains the name, address, telephone number, or other identifying
  information of a victim younger than 17 years of age may not release
  or disclose the identifying information to any person who is not
  assisting in the investigation, prosecution, or defense of the
  case. This article does not apply to the release or disclosure of a
  victim's identifying information by:
               (1)  the victim; or
               (2)  the victim's parent, conservator, or guardian,
  unless the parent, conservator, or guardian is a defendant in the
  case. (Code Crim. Proc., Art. 57.02(h).)
         Art. 58.106.  DISCLOSURE OF INFORMATION OF CONFINED VICTIM.
  This subchapter does not prohibit the inspector general of the
  Texas Department of Criminal Justice from disclosing a victim's
  identifying information to an employee of the department or the
  department's ombudsperson if the victim is an inmate or state jail
  defendant confined in a facility operated by or under contract with
  the department. (Code Crim. Proc., Art. 57.02(i) as added Acts 80th
  Leg., R.S., Chs. 619, 1217.)
         Art. 58.107.  OFFENSE. (a) A public servant commits an
  offense if the public servant:
               (1)  has access to the name, address, or telephone
  number of a victim 17 years of age or older who has chosen a
  pseudonym under this subchapter; and
               (2)  knowingly discloses the name, address, or
  telephone number of the victim to:
                     (A)  a person who is not assisting in the
  investigation or prosecution of the offense; or
                     (B)  a person other than:
                           (i)  the defendant;
                           (ii)  the defendant's attorney; or
                           (iii)  the person specified in the order of a
  court.
         (b)  Unless the disclosure is required or permitted by other
  law, a public servant or other person commits an offense if the
  person:
               (1)  has access to or obtains the name, address, or
  telephone number of a victim younger than 17 years of age; and
               (2)  knowingly discloses the name, address, or
  telephone number of the victim to:
                     (A)  a person who is not assisting in the
  investigation or prosecution of the offense; or
                     (B)  a person other than:
                           (i)  the defendant;
                           (ii)  the defendant's attorney; or
                           (iii)  a person specified in an order of a
  court.
         (c)  It is an affirmative defense to prosecution under
  Subsection (b) that the actor is:
               (1)  the victim; or
               (2)  the victim's parent, conservator, or guardian,
  unless the actor is a defendant in the case.
         (d)  It is an exception to the application of this article
  that:
               (1)  the person who discloses the name, address, or
  telephone number of a victim is the inspector general of the Texas
  Department of Criminal Justice;
               (2)  the victim is an inmate or state jail defendant
  confined in a facility operated by or under contract with the
  department; and
               (3)  the person to whom the disclosure is made is an
  employee of the department or the department's ombudsperson.
         (e)  An offense under this article is a Class C misdemeanor.
  (Code Crim. Proc., Art. 57.03.)
  SUBCHAPTER D. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
  VICTIMS OF STALKING
         Art. 58.151.  DEFINITION. In this subchapter, "victim"
  means a person who is the subject of:
               (1)  an offense that allegedly constitutes stalking
  under Section 42.072, Penal Code; or
               (2)  an offense that is part of the same criminal
  episode, as defined by Section 3.01, Penal Code, as an offense under
  Section 42.072, Penal Code. (Code Crim. Proc., Art. 57A.01(4).)
         Art. 58.152.  DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a)
  A victim may choose a pseudonym to be used instead of the victim's
  name to designate the victim in all public files and records
  concerning the offense, including police summary reports, press
  releases, and records of judicial proceedings. A victim who elects
  to use a pseudonym as provided by this subchapter must complete a
  pseudonym form developed under Subsection (b) and return the form
  to the law enforcement agency investigating the offense.
         (b)  The office of the attorney general shall develop and
  distribute to all law enforcement agencies of the state a pseudonym
  form to record the name, address, telephone number, and pseudonym
  of a victim. (Code Crim. Proc., Arts. 57A.02(a), (b).)
         Art. 58.153.  VICTIM INFORMATION CONFIDENTIAL. (a) A
  victim who completes a pseudonym form and returns the form to the
  law enforcement agency investigating the offense may not be
  required to disclose the victim's name, address, and telephone
  number in connection with the investigation or prosecution of the
  offense.
         (b)  A completed and returned pseudonym form is confidential
  and may not be disclosed to any person other than the victim
  identified by the pseudonym form, a defendant in the case, or the
  defendant's attorney, except on an order of a court. The court
  finding required by Article 58.154 is not required to disclose the
  confidential pseudonym form to the victim identified by the
  pseudonym form, the defendant in the case, or the defendant's
  attorney.
         (c)  If a victim completes a pseudonym form and returns the
  form to a law enforcement agency under Article 58.152(a), the law
  enforcement agency receiving the form shall:
               (1)  remove the victim's name and substitute the
  pseudonym for the name on all reports, files, and records in the
  agency's possession;
               (2)  notify the attorney representing the state of the
  pseudonym and that the victim has elected to be designated by the
  pseudonym;
               (3)  provide to the victim a copy of the completed
  pseudonym form showing that the form was returned to the law
  enforcement agency; and
               (4)  maintain the form in a manner that protects the
  confidentiality of the information contained on the form.
         (d)  An attorney representing the state who receives notice
  that a victim has elected to be designated by a pseudonym shall
  ensure that the victim is designated by the pseudonym in all legal
  proceedings concerning the offense. (Code Crim. Proc.,
  Arts. 57A.02(c), (d), (e), (f).)
         Art. 58.154.  COURT-ORDERED DISCLOSURE OF VICTIM
  INFORMATION. A court may order the disclosure of a victim's name,
  address, and telephone number only if the court finds that:
               (1)  the information is essential in the trial of the
  defendant for the offense;
               (2)  the identity of the victim is in issue; or
               (3)  the disclosure is in the best interest of the
  victim. (Code Crim. Proc., Art. 57A.02(g).)
         Art. 58.155.  DISCLOSURE OF CERTAIN CHILD VICTIM INFORMATION
  PROHIBITED. Except as required or permitted by other law or by
  court order, a public servant or other person who has access to or
  obtains the name, address, telephone number, or other identifying
  information of a victim younger than 17 years of age may not release
  or disclose the identifying information to any person who is not
  assisting in the investigation, prosecution, or defense of the
  case. This article does not apply to the release or disclosure of a
  victim's identifying information by:
               (1)  the victim; or
               (2)  the victim's parent, conservator, or guardian,
  unless the victim's parent, conservator, or guardian allegedly
  committed the offense described by Article 58.151. (Code Crim.
  Proc., Art. 57A.02(h).)
         Art. 58.156.  OFFENSE. (a) A public servant commits an
  offense if the public servant:
               (1)  has access to the name, address, or telephone
  number of a victim 17 years of age or older who has chosen a
  pseudonym under this subchapter; and
               (2)  knowingly discloses the name, address, or
  telephone number of the victim to:
                     (A)  a person who is not assisting in the
  investigation or prosecution of the offense; or
                     (B)  a person other than:
                           (i)  the defendant;
                           (ii)  the defendant's attorney; or
                           (iii)  the person specified in the order of a
  court.
         (b)  Unless the disclosure is required or permitted by other
  law, a public servant or other person commits an offense if the
  person:
               (1)  has access to or obtains the name, address, or
  telephone number of a victim younger than 17 years of age; and
               (2)  knowingly discloses the name, address, or
  telephone number of the victim to:
                     (A)  a person who is not assisting in the
  investigation or prosecution of the offense; or
                     (B)  a person other than:
                           (i)  the defendant;
                           (ii)  the defendant's attorney; or
                           (iii)  a person specified in an order of a
  court.
         (c)  It is an affirmative defense to prosecution under
  Subsection (b) that the actor is:
               (1)  the victim; or
               (2)  the victim's parent, conservator, or guardian,
  unless the victim's parent, conservator, or guardian allegedly
  committed the offense described by Article 58.151.
         (d)  An offense under this article is a Class C misdemeanor.
  (Code Crim. Proc., Art. 57A.03.)
         Art. 58.157.  EFFECT ON OTHER LAW. This subchapter does not
  affect:
               (1)  a victim's responsibility to provide documentation
  of stalking under Section 92.0161, Property Code; or
               (2)  a person's power or duty to disclose the documented
  information as provided by Subsection (j) of that section. (Code
  Crim. Proc., Art. 57A.04.)
  SUBCHAPTER E. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
  VICTIMS OF FAMILY VIOLENCE
         Art. 58.201.  DEFINITION. In this subchapter, "victim"
  means a person who is the subject of:
               (1)  an offense that allegedly constitutes family
  violence, as defined by Section 71.004, Family Code; or
               (2)  an offense that is part of the same criminal
  episode, as defined by Section 3.01, Penal Code, as an offense
  described by Subdivision (1). (Code Crim. Proc., Art. 57B.01(4).)
         Art. 58.202.  DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a)  
  A victim may choose a pseudonym to be used instead of the victim's
  name to designate the victim in all public files and records
  concerning the offense, including police summary reports, press
  releases, and records of judicial proceedings. A victim who elects
  to use a pseudonym as provided by this subchapter must complete a
  pseudonym form developed under Subsection (b) and return the form
  to the law enforcement agency investigating the offense.
         (b)  The office of the attorney general shall develop and
  distribute to all law enforcement agencies of the state a pseudonym
  form to record the name, address, telephone number, and pseudonym
  of a victim. (Code Crim. Proc., Arts. 57B.02(a), (b).)
         Art. 58.203.  VICTIM INFORMATION CONFIDENTIAL. (a) A
  victim who completes a pseudonym form and returns the form to the
  law enforcement agency investigating the offense may not be
  required to disclose the victim's name, address, and telephone
  number in connection with the investigation or prosecution of the
  offense.
         (b)  A completed and returned pseudonym form is confidential
  and may not be disclosed to any person other than a defendant in the
  case or the defendant's attorney, except on an order of a court.
  The court finding required by Article 58.204 is not required to
  disclose the confidential pseudonym form to the defendant in the
  case or to the defendant's attorney.
         (c)  If a victim completes a pseudonym form and returns the
  form to a law enforcement agency under Article 58.202(a), the law
  enforcement agency receiving the form shall:
               (1)  remove the victim's name and substitute the
  pseudonym for the name on all reports, files, and records in the
  agency's possession;
               (2)  notify the attorney representing the state of the
  pseudonym and that the victim has elected to be designated by the
  pseudonym; and