BILL ANALYSIS

Senate Research Center	S.B. 1120
	By: Hinojosa, Juan "Chuy"; Huffman
	Criminal Justice
	6/4/2025
	Enrolled

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Under Article 56A.052 of the Code of Criminal Procedure, the crime victims' rights statute grants victims of sexual assault, stalking, indecent assault, and trafficking the right to confer with prosecutors on disposition decisions including plea agreements, rather than solely getting notice of those decisions. However, victims of family violence do not currently have this same right.

S.B. 1120 adds a definition of family violence in Article 56A.001 of the Code of Criminal Procedure and adds a new section, Article 56A.0521, focused on the rights of family violence victims, allowing for family violence victims to confer with prosecutors on dispositions for certain family violence offenses, including potential plea agreements.

S.B. 1120 amends current law relating to rights of a victim, guardian of a victim, or close relative of a deceased victim in certain criminal cases involving family violence, sexual or assaultive offenses, stalking, or a violation of a protective order or condition of bond and to the duration of certain protective orders.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 56A.001, Code of Criminal Procedure, by adding Subdivision (4-a) to define "family violence" and amending Subdivision (7) to redefine "victim."

SECTION 2. Amends Article 56A.051, Code of Criminal Procedure, by amending Subsection (a) and adding Subsection (d), as follows:

(a) Entitles a victim, guardian of a victim, or close relative of a deceased victim to the following rights within the criminal justice system:

(1)-(6) makes no changes to these subdivisions;

(7) the right to:

(A)-(C) makes no changes to these paragraphs; and

(D) be notified in the manner provided by Article 56A.0525 (Authorized Form of Notification), if requested, of:

(i) creates this subparagraph from existing text and makes no further changes;

(ii) the defendant's release on parole for the offense involving the victim, including the county in which the defendant is required to reside, and the nonconfidential conditions of the defendant's parole, including any condition prohibiting the defendant from going near the victim's home or work or requiring the defendant to complete a battering intervention and prevention program established under Article 42.141 (Battering Intervention and Prevention Program);

(iii) any offense with which the defendant is charged while released on parole for the offense involving the victim, if the department is aware of the offense;

(iv) the issuance of any warrant under Section 508.251 (Issuance of Warrant or Summons), Government Code, for the return of the defendant; and

(v) any revocation of the defendant's parole for the offense involving the victim;

(8)-(12) makes no changes to these subdivisions;

(13) for a victim of assault, aggravated assault, or sexual assault who is younger than 17 years of age or whose case involves family violence, rather than family violence as defined by Section 71.004 (Family Violence), Family Code, the right to have the court consider the impact on the victim of a continuance requested by the defendant; and

(14) makes no changes to this subdivision.

Makes a nonsubstantive change to this subsection.

(d) Entitles an advocate for a victim to obtain on behalf of the victim the information described by Subsection (a)(7)(D).

SECTION 3. Amends the heading to Article 56A.052, Code of Criminal Procedure, to read as follows:

Art. 56A.052. ADDITIONAL RIGHTS OF VICTIMS OF SEXUAL ASSAULT, INDECENT ASSAULT, OR TRAFFICKING.

SECTION 4. Amends Articles 56A.052(a), (c), and (d), Code of Criminal Procedure, as follows:

(a) Deletes existing text entitling a victim, guardian of a victim, or close relative of a deceased victim of an offense under Section 42.072 (Stalking), Penal Code, to certain rights within the criminal justice system. Makes a nonsubstantive change.

(c) Prohibits a person designated to receive a certain notice from being the person charged with an offense described by Subsection (a).

(d) Makes a conforming change to this subsection.

SECTION 5. Amends Subchapter B, Chapter 56A, Code of Criminal Procedure, by adding Article 56A.0521, as follows:

Art. 56A.0521. ADDITIONAL RIGHTS OF VICTIMS OF CERTAIN FAMILY VIOLENCE OFFENSES, STALKING, AND VIOLATION OF PROTECTIVE ORDER OR CONDITION OF BOND. (a) Provides that this article applies only to certain offenses.

(b) Entitles certain persons 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 any evidence described by Paragraph (A);

(2) if requested, the right to be notified 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;

(3) 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 decision not to file charges, the dismissal of charges, the use of a pretrial intervention program, or a plea bargain agreement;

(4) the right to be notified that the attorney representing the state does not represent the victim, guardian of a victim, or close relative of a deceased victim; and

(5) for an offense under Section 42.072, Penal Code, all of the rights provided to victims, parents, and guardians as described by Article 56A.052(d), for the offenses to which that subsection applies.

(c) Requires certain persons who request to be notified or receive information under Subsection (b), subject to Subsection (d), to:

(1) provide a current address and phone number to the attorney representing the state and the law enforcement agency that is investigating the offense;

(2) inform the attorney representing the state and the law enforcement agency of any change in the address or phone number; and

(3) if the victim, guardian, or relative chooses to receive notifications by e-mail, provide an e-mail address and update any change in that e-mail address.

(d) Authorizes certain persons to designate a person, including an entity that provides services to victims of an offense described by Subsection (a), to receive any notice requested under Subsection (b)(2). Prohibits this person from being the person charged with the offense.

(e) Provides that, if a victim of an offense described by Subsection (a) is also entitled to additional rights under Article 56A.052, or if a conflict exists between this article and Article 56A.052, that article controls.

SECTION 6. Amends Article 56A.501, Code of Criminal Procedure, as follows:

Art. 56A.501. New heading: DEFINITION. Deletes existing text defining "family violence."

SECTION 7. Amends Section 85.001(d), Family Code, to require the court, if the court renders a protective order for a period of more than two years under Section 85.025(a-1) (relating to authorizing the court to render a protective order sufficient to protect certain persons for a certain period if the court finds that the person who is the subject of the order has met certain criteria), to include in the order a finding described by that subsection, and to make a nonsubstantive change.

SECTION 8. Amends Section 85.025, Family Code, by adding Subsections (a-2), (a-3), and (a-4) and amending Subsections (b-1) and (c), as follows:

(a-2) Provides that, if an order under Subtitle B (Protective Orders), Title 4 (Protective Orders and Family Violence) is rendered against a respondent who is a party to a suit for dissolution of a marriage in which the applicant or a member of the applicant's family or household is the other party, the order is effective until the second anniversary of the date on which the final decree of dissolution of the marriage is approved and signed by the judge.

(a-3) Provides that, if an order under this subtitle is rendered against a respondent who is a party to a suit affecting the parent-child relationship in which the applicant or a member of the applicant's family or household is also a party, the order is effective until the second anniversary of the date on which the final order in the suit is rendered by the court.

(a-4) Provides that, if an order under this subtitle is rendered against a respondent who is charged with a criminal offense involving family violence under Title 5 (Offenses Against the Person), Penal Code, or an offense under Section 25.11 (Continuous Violence Against the Family), Penal Code, the order is effective until the second anniversary of the date of the final disposition of the criminal case.

(b-1) Authorizes a person who is the subject of a protective order issued under certain subsections, including Subsections (a-2), (a-3), or (a-4), that is effective for a period that exceeds two years, following the filing of a motion under Subsection (b) (relating to authorizing a person who is the subject of a protective order to file a motion not earlier than a certain date requesting that the court review the order and determine whether there is a continuing need for the order), to file not more than one subsequent motion requesting that the court review the protective order and determine whether there is a continuing need for the order.

(c) Makes a conforming change to this subsection.

SECTION 9. Amends Section 508.313, Government Code, by adding Subsection (g) to provide that Section 508.313 (Confidential Information) does not apply to information provided in accordance with Article 56A.051 (General Rights), Code of Criminal Procedure.

SECTION 10. Makes application of this Act prospective.

SECTION 11. Makes application of the changes in law made by this Act to Chapter 85, Family Code, prospective.

SECTION 12. Effective date: September 1, 2025.