By: Hinojosa, Blanco S.B. No. 409
      Zaffirini
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the rights of victims, guardians of victims, and close
  relatives of deceased victims in the criminal justice system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Articles 56A.052(a), (b), and (c), Code of
  Criminal Procedure, are amended to read as follows:
         (a)  A [If the offense is a sexual assault, a] victim,
  guardian of a victim, or close relative of a deceased victim of an
  offense under Section 21.02, 21.11, 22.011, 22.012, 22.021, or
  42.072, Penal Code, 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 on
  [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)  if requested, the right to be informed about, and
  confer with the attorney representing the state regarding, the
  disposition of the offense, including sharing the victim's,
  guardian's, or relative's views regarding:
                     (A)  a decision not to file charges;
                     (B)  the dismissal of charges;
                     (C)  the use of a pretrial intervention program;
  or
                     (D)  a plea bargain agreement; and
               (5)  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 by [at] a health care provider.
         (b)  Subject to Subsection (c), a [A] victim, guardian of a
  victim, or close relative of a deceased victim who requests to be
  notified or receive information under Subsection (a)(1), (2), or
  (4) [(a)(2)] must:
               (1)  provide a current address and phone number to the
  attorney representing the state and the law enforcement agency that
  is investigating the offense; and
               (2)  [. 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 an offense described by Subsection
  (a) [sexual assault], to receive any notice requested under
  Subsection (a)(2).
         SECTION 2.  Subchapter B, Chapter 56A, Code of Criminal
  Procedure, is amended by adding Article 56A.0531 to read as
  follows:
         Art. 56A.0531.  ASSERTION OF RIGHTS. A victim, guardian of a
  victim, or close relative of a deceased victim may assert the rights
  provided by this chapter either orally or in writing.
         SECTION 3.  This Act takes effect September 1, 2023.