Texas 2023 - 88th Regular

Texas Senate Bill SB409

Filed
1/12/23  
Out of Senate Committee
4/6/23  
Voted on by Senate
4/13/23  
Out of House Committee
5/9/23  
Voted on by House
5/16/23  
Governor Action
6/18/23  

Caption

Relating to the rights of victims, guardians of victims, and close relatives of deceased victims in the criminal justice system.

Impact

The enactment of SB 409 will amend existing provisions in the Code of Criminal Procedure, highlighting a legislative intent to empower victims in cases of severe crimes. By mandating that prosecuting attorneys inform victims and confer with them about case dispositions, the bill strengthens the legal framework intended to uphold victims' rights. This legislation also formalizes the expectations for law enforcement and prosecution to engage with victims, aiming to alleviate the common frustrations victims face regarding lack of updates and involvement in legal processes.

Summary

Senate Bill 409 aims to enhance the rights of victims, their guardians, and close relatives of deceased victims within the Texas criminal justice system. The bill seeks to ensure that these individuals are informed and have the opportunity to be involved in the prosecution of crimes affecting them. This includes rights to information about the status of their cases, consultation with the prosecuting attorney, and a clearer assertion of these rights during legal proceedings. The bill is articulated to protect the dignity and agency of victims throughout the judicial process.

Sentiment

The reception of SB 409 within legislative discussions appears overwhelmingly positive, garnering support across party lines. Proponents argue that the bill addresses critical gaps in victims' rights and emphasizes the importance of keeping victims informed and involved. This sentiment reflects a broader societal recognition of the need to prioritize the voices of victims in the criminal justice system, particularly in cases related to severe offenses like sexual assault. The bill passed without opposition, signaling a strong consensus on the importance of these reforms.

Contention

Key points of contention during the discussions related to the practical implementation of these rights, particularly regarding resources and training for law enforcement and prosecuting attorneys to adhere to these new requirements. Some concerns were raised about the potential for overwhelming the already strained judicial system, but they were largely overshadowed by the advocacy for victims' needs and rights. The highlights from the committee reports denote a clear commitment to ensuring that the provisions of SB 409 are enacted effectively, fostering a more victim-centered approach in criminal proceedings.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 56a. Rights Of Crime Victims
    • Section: New Section
    • Section: New Section
    • Section: 0531
    • Section: New Section
    • Section: 0531
    • Section: New Section
    • Section: New Section
    • Section: 0531

Companion Bills

TX HB1739

Identical Relating to the rights of victims, guardians of victims, and close relatives of deceased victims in the criminal justice system.

Similar Bills

No similar bills found.