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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of the rights of crime victims. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 56A.051, Code of Criminal Procedure, is |
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amended by adding Subsections (d), (e), (f), and (g) to read as |
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follows: |
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(d) A victim, guardian of a victim, or close relative of a |
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deceased victim may assert and seek enforcement of any right |
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granted by this subchapter, either orally or in writing. |
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(e) The attorney representing the state or an attorney |
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representing a victim, guardian of a victim, or close relative of a |
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deceased victim may assert a right granted by this subchapter to the |
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victim, guardian, or relative, or request enforcement of the right, |
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by filing a motion, petition for a writ of mandamus, or action for |
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injunctive or declaratory relief in a trial or appellate court with |
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jurisdiction over the case. |
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(f) If the court determines, after a hearing at which all |
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parties have an opportunity to testify, that a right of a victim, |
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guardian of a victim, or close relative of a deceased victim has |
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been violated, the court shall order that the victim, guardian, or |
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relative be provided the right to which the victim, guardian, or |
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relative was entitled. |
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(g) A remedy ordered under Subsection (f) may not change |
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the: |
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(1) verdict; |
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(2) sentence imposed; |
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(3) terms of an accepted plea bargain agreement; or |
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(4) outcome of a parole hearing. |
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SECTION 2. This Act takes effect September 1, 2023. |