82R554 KCR-D
By: Zaffirini S.B. No. 64
A BILL TO BE ENTITLED
AN ACT
relating to the right of an employee who is a victim of a crime to
time off from work to attend court proceedings related to that
crime.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
adding Chapter 84 to read as follows:
CHAPTER 84. EMPLOYEE RIGHT TO ATTEND CERTAIN COURT PROCEEDINGS
Sec. 84.001. DEFINITIONS. In this chapter:
(1) "Employee" means an individual, other than an
independent contractor, who, for compensation, performs services
for an employer under a written or oral contract of hire, whether
express or implied.
(2) "Employer" means a person who employs one or more
employees. The term includes a public employer.
(3) "Public employer" means this state and political
subdivisions of this state, including:
(A) state, county, and municipal agencies;
(B) public schools, colleges, and universities;
and
(C) river authorities, publicly owned utilities,
and other special districts.
(4) "Victim" means an individual who is the victim of
the offense of sexual assault, kidnapping, aggravated robbery, or
injury to a child, elderly individual, or disabled individual or
who has suffered bodily injury as a result of the criminal conduct
of another.
Sec. 84.002. RIGHT TO ATTEND COURT PROCEEDINGS; NOTICE TO
EMPLOYER. An employee who is a victim of a crime or the parent or
guardian of a victim of a crime is entitled to time off as provided
by this chapter to attend court proceedings related to the crime.
Sec. 84.003. USE OF LEAVE TIME. (a) An employee is not
required to use existing vacation leave time, personal leave time,
or compensatory leave time for the purpose of an absence from work
authorized by this chapter except as otherwise provided by a
collective bargaining agreement entered into before September 1,
2011.
(b) The use of leave time under this section may not be
restricted by a term or condition adopted under a collective
bargaining agreement that is entered into on or after September 1,
2011.
Sec. 84.004. EFFECT ON EMPLOYEE PAY. An employer may not
reduce the pay otherwise owed to an employee for any pay period
lasting eight hours or less because the employee took time off
during that pay period for the purpose of an absence from work
authorized by this chapter.
Sec. 84.005. DOCUMENTATION. (a) Except as provided by
Subsection (b), on return to work an employee shall provide
reasonable documentation to the employer on the employer's request
regarding the employee's absence from work to attend court
proceedings related to the crime of which the employee or the
employee's child or ward was a victim.
(b) An employer may not require documentation under
Subsection (a) if, under Article 56.02(a)(10), Code of Criminal
Procedure, the attorney for the state notifies the employer of the
victim or of the parent or guardian of the victim of the necessity
of the victim's cooperation and testimony in a proceeding that may
necessitate the absence of the victim from work.
Sec. 84.006. EMPLOYER RETALIATION PROHIBITED. (a) An
employer may not suspend or terminate the employment of, or
otherwise discriminate against, an employee who takes time off from
work authorized by this chapter.
(b) An employee whose employment is suspended or terminated
in violation of this chapter is entitled to:
(1) reinstatement to the employee's former position or
a position that is comparable in terms of compensation, benefits,
and other conditions of employment;
(2) compensation for wages lost during the period of
suspension or termination;
(3) reinstatement of any fringe benefits and seniority
rights lost because of the suspension or termination; and
(4) if the employee brings an action to enforce this
section and is the prevailing party, payment by the employer of
court costs and reasonable attorney's fees.
Sec. 84.007. NOTICE TO EMPLOYEES. (a) Each employer shall
inform its employees of their rights under this chapter by posting a
conspicuous sign in a prominent location in the employer's
workplace.
(b) The Texas Workforce Commission by rule shall prescribe
the design and content of the sign required by this section.
SECTION 2. Article 56.02(a), Code of Criminal Procedure, is
amended to read as follows:
(a) A victim, guardian of a victim, or close relative of a
deceased victim is entitled to the following rights within the
criminal justice system:
(1) the right to receive from law enforcement agencies
adequate protection from harm and threats of harm arising from
cooperation with prosecution efforts;
(2) the right to have the magistrate take the safety of
the victim or his family into consideration as an element in fixing
the amount of bail for the accused;
(3) the right, if requested, to be informed:
(A) by the attorney representing the state of
relevant court proceedings, including appellate proceedings, and
to be informed if those proceedings have been canceled or
rescheduled prior to the event; and
(B) by an appellate court of decisions of the
court, after the decisions are entered but before the decisions are
made public;
(4) the right to be informed, when requested, by a
peace officer concerning the defendant's right to bail and the
procedures in criminal investigations and by the district
attorney's office concerning the general procedures in the criminal
justice system, including general procedures in guilty plea
negotiations and arrangements, restitution, and the appeals and
parole process;
(5) the right to provide pertinent information to a
probation department conducting a presentencing investigation
concerning the impact of the offense on the victim and his family by
testimony, written statement, or any other manner prior to any
sentencing of the offender;
(6) the right to receive information regarding
compensation to victims of crime as provided by Subchapter B,
including information related to the costs that may be compensated
under that subchapter and the amount of compensation, eligibility
for compensation, and procedures for application for compensation
under that subchapter, the payment for a medical examination under
Article 56.06 for a victim of a sexual assault, and when requested,
to referral to available social service agencies that may offer
additional assistance;
(7) the right to be informed, upon request, of parole
procedures, to participate in the parole process, to be notified,
if requested, of parole proceedings concerning a defendant in the
victim's case, to provide to the Board of Pardons and Paroles for
inclusion in the defendant's file information to be considered by
the board prior to the parole of any defendant convicted of any
crime subject to this subchapter, and to be notified, if requested,
of the defendant's release;
(8) the right to be provided with a waiting area,
separate or secure from other witnesses, including the offender and
relatives of the offender, before testifying in any proceeding
concerning the offender; if a separate waiting area is not
available, other safeguards should be taken to minimize the
victim's contact with the offender and the offender's relatives and
witnesses, before and during court proceedings;
(9) the right to prompt return of any property of the
victim that is held by a law enforcement agency or the attorney for
the state as evidence when the property is no longer required for
that purpose;
(10) the right to have the attorney for the state
notify the employer of the victim or of the guardian of the victim,
if requested, of the necessity of the victim's or guardian's
cooperation and testimony in a proceeding that may necessitate the
absence of the victim or the guardian of the victim from work for
good cause;
(11) the right to counseling, on request, regarding
acquired immune deficiency syndrome (AIDS) and human
immunodeficiency virus (HIV) infection and testing for acquired
immune deficiency syndrome (AIDS), human immunodeficiency virus
(HIV) infection, antibodies to HIV, or infection with any other
probable causative agent of AIDS, if the offense is an offense under
Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code;
(12) the right to request victim-offender mediation
coordinated by the victim services division of the Texas Department
of Criminal Justice;
(13) the right to be informed of the uses of a victim
impact statement and the statement's purpose in the criminal
justice system, to complete the victim impact statement, and to
have the victim impact statement considered:
(A) by the attorney representing the state and
the judge before sentencing or before a plea bargain agreement is
accepted; and
(B) by the Board of Pardons and Paroles before an
inmate is released on parole;
(14) to the extent provided by Articles 56.06 and
56.065, for a victim of a sexual assault, the right to a forensic
medical examination if, within 96 hours of the sexual assault, the
assault is reported to a law enforcement agency or a forensic
medical examination is otherwise conducted at a health care
facility; and
(15) for a victim of an assault or sexual assault who
is younger than 17 years of age or whose case involves family
violence, as defined by Section 71.004, Family Code, the right to
have the court consider the impact on the victim of a continuance
requested by the defendant; if requested by the attorney
representing the state or by counsel for the defendant, the court
shall state on the record the reason for granting or denying the
continuance.
SECTION 3. This Act applies only to a suspension,
termination, or other adverse employment action that is taken by an
employer against an employee because of an employee absence from
work authorized under Chapter 84, Labor Code, as added by this Act,
that occurs on or after the effective date of this Act. A
suspension, termination, or other adverse employment action that is
taken by an employer against an employee before the effective date
of this Act is governed by the law in effect on the date the
employment action is taken, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2011.