Texas 2009 - 81st Regular

Texas House Bill HB2236 Compare Versions

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1	1	H.B. No. 2236
2	2
3	3
4	4	AN ACT
5	5	relating to the right of certain crime victims to be considered with
6	6	respect to a defendant's motion for continuance.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Article 56.02(a), Code of Criminal Procedure, is
9	9	amended to read as follows:
10	10	(a) A victim, guardian of a victim, or close relative of a
11	11	deceased victim is entitled to the following rights within the
12	12	criminal justice system:
13	13	(1) the right to receive from law enforcement agencies
14	14	adequate protection from harm and threats of harm arising from
15	15	cooperation with prosecution efforts;
16	16	(2) the right to have the magistrate take the safety of
17	17	the victim or his family into consideration as an element in fixing
18	18	the amount of bail for the accused;
19	19	(3) the right, if requested, to be informed:
20	20	(A) by the attorney representing the state of
21	21	relevant court proceedings, including appellate proceedings, and
22	22	to be informed if those proceedings have been canceled or
23	23	rescheduled prior to the event; and
24	24	(B) by an appellate court of decisions of the
25	25	court, after the decisions are entered but before the decisions are
26	26	made public;
27	27	(4) the right to be informed, when requested, by a
28	28	peace officer concerning the defendant's right to bail and the
29	29	procedures in criminal investigations and by the district
30	30	attorney's office concerning the general procedures in the criminal
31	31	justice system, including general procedures in guilty plea
32	32	negotiations and arrangements, restitution, and the appeals and
33	33	parole process;
34	34	(5) the right to provide pertinent information to a
35	35	probation department conducting a presentencing investigation
36	36	concerning the impact of the offense on the victim and his family by
37	37	testimony, written statement, or any other manner prior to any
38	38	sentencing of the offender;
39	39	(6) the right to receive information regarding
40	40	compensation to victims of crime as provided by Subchapter B,
41	41	including information related to the costs that may be compensated
42	42	under that subchapter and the amount of compensation, eligibility
43	43	for compensation, and procedures for application for compensation
44	44	under that subchapter, the payment for a medical examination under
45	45	Article 56.06 for a victim of a sexual assault, and when requested,
46	46	to referral to available social service agencies that may offer
47	47	additional assistance;
48	48	(7) the right to be informed, upon request, of parole
49	49	procedures, to participate in the parole process, to be notified,
50	50	if requested, of parole proceedings concerning a defendant in the
51	51	victim's case, to provide to the Board of Pardons and Paroles for
52	52	inclusion in the defendant's file information to be considered by
53	53	the board prior to the parole of any defendant convicted of any
54	54	crime subject to this subchapter, and to be notified, if requested,
55	55	of the defendant's release;
56	56	(8) the right to be provided with a waiting area,
57	57	separate or secure from other witnesses, including the offender and
58	58	relatives of the offender, before testifying in any proceeding
59	59	concerning the offender; if a separate waiting area is not
60	60	available, other safeguards should be taken to minimize the
61	61	victim's contact with the offender and the offender's relatives and
62	62	witnesses, before and during court proceedings;
63	63	(9) the right to prompt return of any property of the
64	64	victim that is held by a law enforcement agency or the attorney for
65	65	the state as evidence when the property is no longer required for
66	66	that purpose;
67	67	(10) the right to have the attorney for the state
68	68	notify the employer of the victim, if requested, of the necessity of
69	69	the victim's cooperation and testimony in a proceeding that may
70	70	necessitate the absence of the victim from work for good cause;
71	71	(11) the right to counseling, on request, regarding
72	72	acquired immune deficiency syndrome (AIDS) and human
73	73	immunodeficiency virus (HIV) infection and testing for acquired
74	74	immune deficiency syndrome (AIDS), human immunodeficiency virus
75	75	(HIV) infection, antibodies to HIV, or infection with any other
76	76	probable causative agent of AIDS, if the offense is an offense under
77	77	Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code;
78	78	(12) the right to request victim-offender mediation
79	79	coordinated by the victim services division of the Texas Department
80	80	of Criminal Justice;
81	81	(13) the right to be informed of the uses of a victim
82	82	impact statement and the statement's purpose in the criminal
83	83	justice system, to complete the victim impact statement, and to
84	84	have the victim impact statement considered:
85	85	(A) by the attorney representing the state and
86	86	the judge before sentencing or before a plea bargain agreement is
87	87	accepted; and
88	88	(B) by the Board of Pardons and Paroles before an
89	89	inmate is released on parole; [and]
90	90	(14) except as provided by Article 56.06(a), for a
91	91	victim of a sexual assault, the right to a forensic medical
92	92	examination if the sexual assault is reported to a law enforcement
93	93	agency within 96 hours of the assault; and
94	94	(15) for a victim of an assault or sexual assault who
95	95	is younger than 17 years of age or whose case involves family
96	96	violence, as defined by Section 71.004, Family Code, the right to
97	97	have the court consider the impact on the victim of a continuance
98	98	requested by the defendant; if requested by the attorney
99	99	representing the state or by counsel for the defendant, the court
100	100	shall state on the record the reason for granting or denying the
101	101	continuance.
102	102	SECTION 2. Chapter 29, Code of Criminal Procedure, is
103	103	amended by adding Article 29.14 to read as follows:
104	104	Art. 29.14. CONSIDERATION OF IMPACT ON CERTAIN VICTIMS.
105	105	(a) In this article, "victim" means the victim of an assault or
106	106	sexual assault who is younger than 17 years of age or whose case
107	107	involves family violence as defined by Section 71.004, Family Code.
108	108	(b) On request by the attorney representing the state, a
109	109	court that considers a motion for continuance on the part of the
110	110	defendant shall also consider the impact of the continuance on the
111	111	victim. On request by the attorney representing the state or by
112	112	counsel for the defendant, the court shall state on the record the
113	113	reason for granting or denying the continuance.
114	114	SECTION 3. The change in law made by this Act applies only
115	115	to a criminal proceeding that commences on or after the effective
116	116	date of this Act. A criminal proceeding that commenced before the
117	117	effective date of this Act is governed by the law in effect on the
118	118	date the proceeding commenced, and the former law is continued in
119	119	effect for that purpose.
120	120	SECTION 4. This Act takes effect September 1, 2009.
121	121	______________________________ ______________________________
122	122	President of the Senate Speaker of the House
123	123	I certify that H.B. No. 2236 was passed by the House on April
124	124	30, 2009, by the following vote: Yeas 132, Nays 0, 1 present, not
125	125	voting.
126	126	______________________________
127	127	Chief Clerk of the House
128	128	I certify that H.B. No. 2236 was passed by the Senate on May
129	129	27, 2009, by the following vote: Yeas 31, Nays 0.
130	130	______________________________
131	131	Secretary of the Senate
132	132	APPROVED: _____________________
133	133	Date
134	134	_____________________
135	135	Governor