BILL ANALYSIS

H.B. 2813

By: Alders

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Under current law, crime victims affected by certain serious offenses such as sexual assault are entitled to be informed about court proceedings related to their cases, and this notice must be given "as far as reasonably practical." The bill author has informed the committee that this language has led to inconsistent and insufficient notification practices, with victims often facing challenges in participating in hearings, trials, and parole decisions due to delays or inadequate notice. H.B. 2813 seeks to enhance victims' rights, promote transparency, and improve victim participation in the criminal justice process, while ensuring flexibility for judicial operations, by establishing a clear 60-day notice requirement with exceptions for situations where earlier notice is impractical due to unforeseen circumstances.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2813 amends the Code of Criminal Procedure to require the state's attorney to provide notice of a scheduled court proceeding to a crime victim not later than the 60th day before the date the proceeding is scheduled to occur, except as follows:

· if the court schedules the proceeding to occur on a date that will not allow for that required timing of the notice, the state's attorney must provide the notice not later than the fifth day after the date the court schedules the proceeding; and

· if the court schedules the proceeding in an emergency or expedited manner, the state's attorney must provide the notice as soon as practicable, but not later than 24 hours after the court schedules the proceeding.

H.B. 2813 applies only to the scheduling of a criminal proceeding by a court on or after the bill's effective date. The scheduling of a criminal proceeding by a court before the bill's effective date is governed by the law in effect on the date the court scheduled the proceeding, and the former law is continued in effect for that purpose.

EFFECTIVE DATE

September 1, 2025.