88R11733 MEW-D
 
  By: Morales of Harris H.B. No. 4216
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain notifications related to the rights of crime
  victims.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 56A.051(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  A victim, guardian of a victim, or close relative of a
  deceased victim is entitled to the following rights within the
  criminal justice system:
               (1)  the right to receive from 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 in the
  manner provided by Article 56A.0525:
                     (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 in the
  manner provided by Article 56A.0525:
                     (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, in the manner
  provided by Article 56A.0525, 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, and in the manner
  provided by Article 56A.0525, 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 in the manner provided by Article
  56A.0525, 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, in the manner provided
  by Article 56A.0525, 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.
         SECTION 2.  Articles 56A.052(a), (b), (d), and (e), Code of
  Criminal Procedure, are amended to read as follows:
         (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, in the manner provided by Article 56A.0525, 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 in the
  manner provided by Article 56A.0525:
                     (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 120 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 provider.
         (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. The victim,
  guardian, or relative must provide an e-mail address and update any
  change in that e-mail address if the victim, guardian, or relative
  chooses to receive notifications by e-mail.
         (d)  This subsection applies only to a victim of an offense
  under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,
  42.072, or 43.05, Penal Code.  A victim described by this
  subsection or a parent or guardian of the victim, if the victim is
  younger than 18 years of age or an adult ward, is entitled to the
  following rights within the criminal justice system:
               (1)  the right to be informed in the manner provided by
  Article 56A.0525:
                     (A)  that the victim or, if the victim is younger
  than 18 years of age or an adult ward, the victim's parent or
  guardian or another adult acting on the victim's behalf 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;
                     (C)  that, on request of the victim or, if the
  victim is younger than 18 years of age or an adult ward, on request
  of the victim's parent or guardian or another adult acting on the
  victim's behalf, the attorney representing the state may, subject
  to the Texas Disciplinary Rules of Professional Conduct, file the
  application for a protective order on behalf of the requestor; and
                     (D)  that, subject to the Texas Disciplinary Rules
  of Professional Conduct, the attorney representing the state
  generally is required to file the application for a protective
  order with respect to the victim if the defendant is convicted of or
  placed on deferred adjudication community supervision for the
  offense;
               (2)  the right to:
                     (A)  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); and
                     (B)  be notified in the manner provided by Article
  56A.0525 when the attorney representing the state files an
  application for a protective order under Article 7B.001;
               (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), in the manner provided by Article
  56A.0525; 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), in the manner provided by Article
  56A.0525.
         (e)  A victim of an offense under Section 20A.02, 20A.03, or
  43.05, Penal Code, is entitled to be informed, in the manner
  provided by Article 56A.0525, that the victim may petition for an
  order of nondisclosure of criminal history record information under
  Section 411.0728, Government Code, if the victim:
               (1)  has been convicted of or placed on deferred
  adjudication community supervision for an offense described by
  Subsection (a)(1) of that section; and
               (2)  committed that offense solely as a victim of an
  offense under Section 20A.02, 20A.03, or 43.05, Penal Code.
         SECTION 3.  Subchapter B, Chapter 56A, Code of Criminal
  Procedure, is amended by adding Article 56A.0525 to read as
  follows:
         Art. 56A.0525.  AUTHORIZED FORM OF NOTIFICATIONS. For
  purposes of this subchapter, a judge, attorney representing the
  state, peace officer, or law enforcement agency that is required to
  notify, inform, or disclose information to a victim, guardian of a
  victim, or close relative of a deceased victim in accordance with a
  right granted under this subchapter shall provide the notification
  or information in the following manner:
               (1)  electronically by text message or e-mail;
               (2)  on request of the victim, guardian, or relative,
  as applicable, through an anonymous, online portal; or
               (3)  by making personal contact with the victim,
  guardian, or relative, as applicable.
         SECTION 4.  This Act takes effect September 1, 2023.