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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights of a victim, guardian of a victim, or close |
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relative of a deceased victim to information regarding a |
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defendant's parole. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 56A.051(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) A victim, guardian of a victim, or close relative of a |
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deceased victim is entitled to the following rights within the |
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criminal justice system: |
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(1) the right to receive from a law enforcement agency |
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adequate protection from harm and threats of harm arising from |
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cooperation with prosecution efforts; |
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(2) the right to have the magistrate consider the |
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safety of the victim or the victim's family in setting the amount of |
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bail for the defendant; |
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(3) if requested, the right to be informed in the |
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manner provided by Article 56A.0525: |
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(A) by the attorney representing the state of |
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relevant court proceedings, including appellate proceedings, and |
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to be informed if those proceedings have been canceled or |
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rescheduled before the event; and |
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(B) by an appellate court of the court's |
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decisions, after the decisions are entered but before the decisions |
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are made public; |
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(4) when requested, the right to be informed in the |
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manner provided by Article 56A.0525: |
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(A) by a peace officer concerning the defendant's |
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right to bail and the procedures in criminal investigations; and |
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(B) by the office of the attorney representing |
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the state concerning the general procedures in the criminal justice |
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system, including general procedures in guilty plea negotiations |
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and arrangements, restitution, and the appeals and parole process; |
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(5) the right to provide pertinent information to a |
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community supervision and corrections department conducting a |
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presentencing investigation concerning the impact of the offense on |
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the victim and the victim's family by testimony, written statement, |
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or any other manner before any sentencing of the defendant; |
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(6) the right to receive information, in the manner |
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provided by Article 56A.0525: |
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(A) regarding compensation to victims of crime as |
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provided by Chapter 56B, including information related to the costs |
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that may be compensated under that chapter and the amount of |
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compensation, eligibility for compensation, and procedures for |
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application for compensation under that chapter; |
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(B) for a victim of a sexual assault, regarding |
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the payment under Subchapter G for a forensic medical examination; |
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and |
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(C) when requested, providing a referral to |
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available social service agencies that may offer additional |
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assistance; |
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(7) the right to: |
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(A) be informed, on request, and in the manner |
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provided by Article 56A.0525, of parole procedures; |
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(B) participate in the parole process; |
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(C) provide to the board for inclusion in the |
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defendant's file information to be considered by the board before |
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the parole of any defendant convicted of any offense subject to this |
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chapter; and |
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(D) be notified in the manner provided by Article |
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56A.0525, if requested, of: |
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(i) parole proceedings concerning a |
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defendant in the victim's case; |
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(ii) [and of] the defendant's release on |
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parole, including the county in which the defendant is required to |
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reside, and the conditions of the defendant's parole, including any |
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condition: |
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(a) prohibiting the defendant from |
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going near the victim's home or work; or |
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(b) requiring the defendant to |
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complete a battering intervention and prevention program |
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established under Article 42.141; |
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(iii) any offense with which the defendant |
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is charged after release on parole; |
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(iv) the issuance of any warrant under |
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Section 508.251, Government Code, for the return of the defendant; |
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and |
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(v) any revocation of the defendant's |
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parole; |
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(8) the right to be provided with a waiting area, |
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separate or secure from other witnesses, including the defendant |
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and relatives of the defendant, before testifying in any proceeding |
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concerning the defendant; if a separate waiting area is not |
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available, other safeguards should be taken to minimize the |
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victim's contact with the defendant and the defendant's relatives |
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and witnesses, before and during court proceedings; |
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(9) the right to the prompt return of any of the |
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victim's property that is held by a law enforcement agency or the |
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attorney representing the state as evidence when the property is no |
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longer required for that purpose; |
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(10) the right to have the attorney representing the |
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state notify the victim's employer, if requested, that the victim's |
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cooperation and testimony is necessary in a proceeding that may |
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require the victim to be absent from work for good cause; |
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(11) the right to request victim-offender mediation |
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coordinated by the victim services division of the department; |
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(12) the right to be informed, in the manner provided |
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by Article 56A.0525, of the uses of a victim impact statement and |
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the statement's purpose in the criminal justice system as described |
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by Subchapter D, to complete the victim impact statement, and to |
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have the victim impact statement considered: |
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(A) by the attorney representing the state and |
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the judge before sentencing or before a plea bargain agreement is |
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accepted; and |
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(B) by the board before a defendant is released |
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on parole; |
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(13) for a victim of an assault or sexual assault who |
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is younger than 17 years of age or whose case involves family |
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violence, as defined by Section 71.004, Family Code, the right to |
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have the court consider the impact on the victim of a continuance |
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requested by the defendant; if requested by the attorney |
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representing the state or by the defendant's attorney, the court |
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shall state on the record the reason for granting or denying the |
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continuance; and |
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(14) if the offense is a capital felony, the right to: |
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(A) receive by mail from the court a written |
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explanation of defense-initiated victim outreach if the court has |
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authorized expenditures for a defense-initiated victim outreach |
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specialist; |
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(B) not be contacted by the victim outreach |
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specialist unless the victim, guardian, or relative has consented |
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to the contact by providing a written notice to the court; and |
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(C) designate a victim service provider to |
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receive all communications from a victim outreach specialist acting |
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on behalf of any person. |
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SECTION 2. This Act takes effect September 1, 2025. |