Texas 2009 - 81st Regular

Texas Senate Bill SB1380 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R12945 PEP-D
2	2	By: Shapiro S.B. No. 1380
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the right of certain child crime victims to a speedy
8	8	trial and to be considered with respect to a defendant's motion for
9	9	continuance.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 56.02(a), Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	(a) A victim, guardian of a victim, or close relative of a
14	14	deceased victim is entitled to the following rights within the
15	15	criminal justice system:
16	16	(1) the right to receive from law enforcement agencies
17	17	adequate protection from harm and threats of harm arising from
18	18	cooperation with prosecution efforts;
19	19	(2) the right to have the magistrate take the safety of
20	20	the victim or his family into consideration as an element in fixing
21	21	the amount of bail for the accused;
22	22	(3) the right, if requested, to be informed:
23	23	(A) by the attorney representing the state of
24	24	relevant court proceedings, including appellate proceedings, and
25	25	to be informed if those proceedings have been canceled or
26	26	rescheduled prior to the event; and
27	27	(B) by an appellate court of decisions of the
28	28	court, after the decisions are entered but before the decisions are
29	29	made public;
30	30	(4) the right to be informed, when requested, by a
31	31	peace officer concerning the defendant's right to bail and the
32	32	procedures in criminal investigations and by the district
33	33	attorney's office concerning the general procedures in the criminal
34	34	justice system, including general procedures in guilty plea
35	35	negotiations and arrangements, restitution, and the appeals and
36	36	parole process;
37	37	(5) the right to provide pertinent information to a
38	38	probation department conducting a presentencing investigation
39	39	concerning the impact of the offense on the victim and his family by
40	40	testimony, written statement, or any other manner prior to any
41	41	sentencing of the offender;
42	42	(6) the right to receive information regarding
43	43	compensation to victims of crime as provided by Subchapter B,
44	44	including information related to the costs that may be compensated
45	45	under that subchapter and the amount of compensation, eligibility
46	46	for compensation, and procedures for application for compensation
47	47	under that subchapter, the payment for a medical examination under
48	48	Article 56.06 for a victim of a sexual assault, and when requested,
49	49	to referral to available social service agencies that may offer
50	50	additional assistance;
51	51	(7) the right to be informed, upon request, of parole
52	52	procedures, to participate in the parole process, to be notified,
53	53	if requested, of parole proceedings concerning a defendant in the
54	54	victim's case, to provide to the Board of Pardons and Paroles for
55	55	inclusion in the defendant's file information to be considered by
56	56	the board prior to the parole of any defendant convicted of any
57	57	crime subject to this subchapter, and to be notified, if requested,
58	58	of the defendant's release;
59	59	(8) the right to be provided with a waiting area,
60	60	separate or secure from other witnesses, including the offender and
61	61	relatives of the offender, before testifying in any proceeding
62	62	concerning the offender; if a separate waiting area is not
63	63	available, other safeguards should be taken to minimize the
64	64	victim's contact with the offender and the offender's relatives and
65	65	witnesses, before and during court proceedings;
66	66	(9) the right to prompt return of any property of the
67	67	victim that is held by a law enforcement agency or the attorney for
68	68	the state as evidence when the property is no longer required for
69	69	that purpose;
70	70	(10) the right to have the attorney for the state
71	71	notify the employer of the victim, if requested, of the necessity of
72	72	the victim's cooperation and testimony in a proceeding that may
73	73	necessitate the absence of the victim from work for good cause;
74	74	(11) the right to counseling, on request, regarding
75	75	acquired immune deficiency syndrome (AIDS) and human
76	76	immunodeficiency virus (HIV) infection and testing for acquired
77	77	immune deficiency syndrome (AIDS), human immunodeficiency virus
78	78	(HIV) infection, antibodies to HIV, or infection with any other
79	79	probable causative agent of AIDS, if the offense is an offense under
80	80	Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code;
81	81	(12) the right to request victim-offender mediation
82	82	coordinated by the victim services division of the Texas Department
83	83	of Criminal Justice;
84	84	(13) the right to be informed of the uses of a victim
85	85	impact statement and the statement's purpose in the criminal
86	86	justice system, to complete the victim impact statement, and to
87	87	have the victim impact statement considered:
88	88	(A) by the attorney representing the state and
89	89	the judge before sentencing or before a plea bargain agreement is
90	90	accepted; and
91	91	(B) by the Board of Pardons and Paroles before an
92	92	inmate is released on parole; [and]
93	93	(14) except as provided by Article 56.06(a), for a
94	94	victim of a sexual assault, the right to a forensic medical
95	95	examination if the sexual assault is reported to a law enforcement
96	96	agency within 96 hours of the assault; and
97	97	(15) for a child younger than 17 years of age who is
98	98	the victim of an assault or sexual assault, the right, on request by
99	99	the attorney representing the state, to a speedy trial consistent
100	100	with the defendant's right to a fair trial, including the right to
101	101	have the court consider the impact on the victim of a continuance
102	102	requested by the defendant and, if the continuance is granted, the
103	103	right, on request by the attorney representing the state or by the
104	104	victim, to have the court state on the record the reason for the
105	105	continuance.
106	106	SECTION 2. Chapter 29, Code of Criminal Procedure, is
107	107	amended by adding Article 29.14 to read as follows:
108	108	Art. 29.14. CONSIDERATION OF IMPACT ON CERTAIN CHILD
109	109	VICTIMS. (a) This article applies only to a child younger than 17
110	110	years of age who is the victim of an assault or sexual assault.
111	111	(b) On request by the attorney representing the state, a
112	112	court that considers a motion for continuance on the part of the
113	113	defendant shall also consider the impact of the continuance on the
114	114	victim. If the court grants the motion, the court, on request by
115	115	the attorney representing the state or by the victim, shall state on
116	116	the record the reason for the continuance.
117	117	SECTION 3. The change in law made by this Act applies only
118	118	to a criminal proceeding that commences on or after the effective
119	119	date of this Act. A criminal proceeding that commenced before the
120	120	effective date of this Act is governed by the law in effect on the
121	121	date the proceeding commenced, and the former law is continued in
122	122	effect for that purpose.
123	123	SECTION 4. This Act takes effect September 1, 2009.