| 1 | 1 | | 81R6495 JRH-D |
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| 2 | 2 | | By: Jackson H.B. No. 1228 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the rights of victims of property crimes. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 56, Code of Criminal Procedure, is |
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| 10 | 10 | | amended by adding Subchapter A-1 to read as follows: |
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| 11 | 11 | | SUBCHAPTER A-1. PROPERTY CRIME VICTIMS' RIGHTS |
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| 12 | 12 | | Art. 56.21. DEFINITION. In this subchapter, "victim" means |
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| 13 | 13 | | a person who has suffered pecuniary loss due to a felony committed |
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| 14 | 14 | | in violation of Title 7, Penal Code. |
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| 15 | 15 | | Art. 56.22. PROPERTY CRIME VICTIMS' RIGHTS. (a) A victim |
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| 16 | 16 | | is entitled to the following rights within the criminal justice |
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| 17 | 17 | | system: |
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| 18 | 18 | | (1) the right, if requested, to be informed by the |
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| 19 | 19 | | attorney representing the state of relevant court proceedings, |
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| 20 | 20 | | including appellate proceedings, and to be informed if those |
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| 21 | 21 | | proceedings have been canceled or rescheduled before the event; |
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| 22 | 22 | | (2) the right to be informed, when requested, by a |
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| 23 | 23 | | peace officer concerning the defendant's right to bail and the |
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| 24 | 24 | | procedures in criminal investigations and by the office of the |
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| 25 | 25 | | attorney representing the state concerning the general procedures |
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| 26 | 26 | | in the criminal justice system, including general procedures in |
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| 27 | 27 | | guilty plea negotiations and arrangements, restitution, and the |
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| 28 | 28 | | appeals and parole process; |
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| 29 | 29 | | (3) the right to provide pertinent information to a |
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| 30 | 30 | | probation department conducting a presentencing investigation |
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| 31 | 31 | | concerning the impact of the offense on the victim and the victim's |
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| 32 | 32 | | family by testimony, written statement, or any other manner before |
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| 33 | 33 | | any sentencing of the defendant; |
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| 34 | 34 | | (4) the right to prompt return of any property of the |
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| 35 | 35 | | victim that is held by a law enforcement agency or the attorney |
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| 36 | 36 | | representing the state as evidence when the property is no longer |
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| 37 | 37 | | required for that purpose; |
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| 38 | 38 | | (5) the right to have the attorney representing the |
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| 39 | 39 | | state notify the employer of the victim, if requested, of the |
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| 40 | 40 | | necessity of the victim's cooperation and testimony in a proceeding |
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| 41 | 41 | | that may necessitate the absence of the victim from work for good |
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| 42 | 42 | | cause; and |
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| 43 | 43 | | (6) the right to express a preference to the attorney |
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| 44 | 44 | | representing the state concerning an appropriate sentence for the |
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| 45 | 45 | | defendant, including whether an order for restitution to the victim |
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| 46 | 46 | | would be appropriate. |
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| 47 | 47 | | (b) A victim is entitled to the right to be present at all |
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| 48 | 48 | | public court proceedings related to the offense, subject to the |
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| 49 | 49 | | approval of the judge in the case. |
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| 50 | 50 | | (c) The office of the attorney representing the state, and |
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| 51 | 51 | | the sheriff, police, and other law enforcement agencies shall |
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| 52 | 52 | | ensure to the extent practicable that a victim is afforded the |
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| 53 | 53 | | rights granted by Subsection (a) and, on request, an explanation of |
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| 54 | 54 | | those rights. |
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| 55 | 55 | | (d) A judge, attorney representing the state, peace |
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| 56 | 56 | | officer, or law enforcement agency is not liable for a failure or |
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| 57 | 57 | | inability to provide a right provided by this article. The failure |
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| 58 | 58 | | or inability of any person to provide a right or service provided by |
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| 59 | 59 | | this article may not be used by a defendant in a criminal case as a |
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| 60 | 60 | | ground for appeal, a ground to set aside the conviction or sentence, |
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| 61 | 61 | | or a ground in a habeas corpus petition. A victim does not have |
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| 62 | 62 | | standing to participate as a party in a criminal proceeding or to |
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| 63 | 63 | | contest the disposition of any charge. |
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| 64 | 64 | | Art. 56.23. NOTIFICATION. At the initial contact or at the |
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| 65 | 65 | | earliest possible time after the initial contact between the victim |
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| 66 | 66 | | and the law enforcement agency having the responsibility for |
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| 67 | 67 | | investigating the crime committed against the victim, that agency |
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| 68 | 68 | | shall provide the victim a written notice containing the rights of |
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| 69 | 69 | | property crime victims under Article 56.22. |
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| 70 | 70 | | SECTION 2. The changes in law made by this Act apply only to |
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| 71 | 71 | | a property crime reported on or after the effective date of this |
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| 72 | 72 | | Act. A property crime reported before the effective date of this |
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| 73 | 73 | | Act is governed by the law in effect on the date the crime is |
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| 74 | 74 | | reported, and that law is continued in effect for that purpose. |
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| 75 | 75 | | SECTION 3. This Act takes effect September 1, 2009. |
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