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AN ACT
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relating to the rights of victims, guardians of victims, and close |
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relatives of deceased victims in the criminal justice system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 56A.052(a), (b), and (c), Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) A [If the offense is a sexual assault, a] victim, |
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guardian of a victim, or close relative of a deceased victim of an |
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offense under Section 21.02, 21.11, 22.011, 22.012, 22.021, or |
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42.072, Penal Code, is entitled to the following rights within the |
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criminal justice system: |
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(1) if requested, the right to a disclosure of |
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information regarding: |
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(A) any evidence that was collected during the |
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investigation of the offense, unless disclosing the information |
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would interfere with the investigation or prosecution of the |
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offense, in which event the victim, guardian, or relative shall be |
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informed of the estimated date on which that information is |
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expected to be disclosed; and |
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(B) the status of any analysis being performed on |
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[of] any evidence described by Paragraph (A); |
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(2) if requested, the right to be notified: |
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(A) at the time a request is submitted to a crime |
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laboratory to process and analyze any evidence that was collected |
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during the investigation of the offense; |
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(B) at the time of the submission of a request to |
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compare any biological evidence collected during the investigation |
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of the offense with DNA profiles maintained in a state or federal |
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DNA database; and |
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(C) of the results of the comparison described by |
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Paragraph (B), unless disclosing the results would interfere with |
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the investigation or prosecution of the offense, in which event the |
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victim, guardian, or relative shall be informed of the estimated |
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date on which those results are expected to be disclosed; |
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(3) if requested, the right to counseling regarding |
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acquired immune deficiency syndrome (AIDS) and human |
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immunodeficiency virus (HIV) infection; [and] |
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(4) if requested, the right to be informed about, and |
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confer with the attorney representing the state regarding, the |
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disposition of the offense, including sharing the victim's, |
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guardian's, or relative's views regarding: |
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(A) a decision not to file charges; |
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(B) the dismissal of charges; |
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(C) the use of a pretrial intervention program; |
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or |
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(D) a plea bargain agreement; and |
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(5) for the victim, the right to: |
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(A) testing for acquired immune deficiency |
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syndrome (AIDS), human immunodeficiency virus (HIV) infection, |
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antibodies to HIV, or infection with any other probable causative |
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agent of AIDS; and |
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(B) a forensic medical examination to the extent |
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provided by Subchapters F and G if, within 120 hours of the offense: |
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(i) the offense is reported to a law |
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enforcement agency; or |
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(ii) a forensic medical examination is |
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otherwise conducted by [at] a health care provider. |
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(b) Subject to Subsection (c), a [A] victim, guardian of a |
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victim, or close relative of a deceased victim who requests to be |
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notified or receive information under Subsection (a)(1), (2), or |
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(4) [(a)(2)] must: |
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(1) provide a current address and phone number to the |
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attorney representing the state and the law enforcement agency that |
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is investigating the offense; and |
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(2) [. The victim, guardian, or relative must] inform |
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the attorney representing the state and the law enforcement agency |
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of any change in the address or phone number. |
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(c) A victim, guardian of a victim, or close relative of a |
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deceased victim may designate a person, including an entity that |
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provides services to victims of an offense described by Subsection |
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(a) [sexual assault], to receive any notice requested under |
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Subsection (a)(2). |
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SECTION 2. Subchapter B, Chapter 56A, Code of Criminal |
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Procedure, is amended by adding Article 56A.0531 to read as |
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follows: |
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Art. 56A.0531. ASSERTION OF RIGHTS. A victim, guardian of a |
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victim, or close relative of a deceased victim may assert the rights |
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provided by this chapter either orally or in writing. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 409 passed the Senate on |
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April 13, 2023, by the following vote: Yeas 30, Nays 0; |
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May 17, 2023, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 19, 2023, House |
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granted request of the Senate; May 25, 2023, Senate adopted |
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Conference Committee Report by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 409 passed the House, with |
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amendments, on May 16, 2023, by the following vote: Yeas 140, |
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Nays 0, one present not voting; May 19, 2023, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 25, 2023, House adopted Conference Committee Report by the |
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following vote: Yeas 140, Nays 0, three present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |