Texas 2013 - 83rd Regular

Texas House Bill HB2559 Compare Versions

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1	1	83R23011 MAW-F
2	2	By: Thompson of Harris H.B. No. 2559
3	3	Substitute the following for H.B. No. 2559:
4	4	By: Herrero C.S.H.B. No. 2559
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the rights of certain victims of sexual assault.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 56.01(2-a), Code of Criminal Procedure,
12	12	is amended to read as follows:
13	13	(2-a) "Sexual assault" means [includes] an offense
14	14	under Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code.
15	15	SECTION 2. Articles 56.02(a), (c), and (d), Code of
16	16	Criminal Procedure, are amended to read as follows:
17	17	(a) A victim, guardian of a victim, or close relative of a
18	18	deceased victim is entitled to the following rights within the
19	19	criminal justice system:
20	20	(1) the right to receive from law enforcement agencies
21	21	adequate protection from harm and threats of harm arising from
22	22	cooperation with prosecution efforts;
23	23	(2) the right to have the magistrate take the safety of
24	24	the victim or his family into consideration as an element in fixing
25	25	the amount of bail for the accused;
26	26	(3) the right, if requested, to be informed:
27	27	(A) by the attorney representing the state of
28	28	relevant court proceedings, including appellate proceedings, and
29	29	to be informed if those proceedings have been canceled or
30	30	rescheduled prior to the event; and
31	31	(B) by an appellate court of decisions of the
32	32	court, after the decisions are entered but before the decisions are
33	33	made public;
34	34	(4) the right to be informed, when requested, by a
35	35	peace officer concerning the defendant's right to bail and the
36	36	procedures in criminal investigations and by the district
37	37	attorney's office concerning the general procedures in the criminal
38	38	justice system, including general procedures in guilty plea
39	39	negotiations and arrangements, restitution, and the appeals and
40	40	parole process;
41	41	(5) the right to provide pertinent information to a
42	42	probation department conducting a presentencing investigation
43	43	concerning the impact of the offense on the victim and his family by
44	44	testimony, written statement, or any other manner prior to any
45	45	sentencing of the offender;
46	46	(6) the right to receive information regarding
47	47	compensation to victims of crime as provided by Subchapter B,
48	48	including information related to the costs that may be compensated
49	49	under that subchapter and the amount of compensation, eligibility
50	50	for compensation, and procedures for application for compensation
51	51	under that subchapter, the payment for a medical examination under
52	52	Article 56.06 for a victim of a sexual assault, and when requested,
53	53	to referral to available social service agencies that may offer
54	54	additional assistance;
55	55	(7) the right to be informed, upon request, of parole
56	56	procedures, to participate in the parole process, to be notified,
57	57	if requested, of parole proceedings concerning a defendant in the
58	58	victim's case, to provide to the Board of Pardons and Paroles for
59	59	inclusion in the defendant's file information to be considered by
60	60	the board prior to the parole of any defendant convicted of any
61	61	crime subject to this subchapter, and to be notified, if requested,
62	62	of the defendant's release;
63	63	(8) the right to be provided with a waiting area,
64	64	separate or secure from other witnesses, including the offender and
65	65	relatives of the offender, before testifying in any proceeding
66	66	concerning the offender; if a separate waiting area is not
67	67	available, other safeguards should be taken to minimize the
68	68	victim's contact with the offender and the offender's relatives and
69	69	witnesses, before and during court proceedings;
70	70	(9) the right to prompt return of any property of the
71	71	victim that is held by a law enforcement agency or the attorney for
72	72	the state as evidence when the property is no longer required for
73	73	that purpose;
74	74	(10) the right to have the attorney for the state
75	75	notify the employer of the victim, if requested, of the necessity of
76	76	the victim's cooperation and testimony in a proceeding that may
77	77	necessitate the absence of the victim from work for good cause;
78	78	(11) [the right to counseling, on request, regarding
79	79	acquired immune deficiency syndrome (AIDS) and human
80	80	immunodeficiency virus (HIV) infection and testing for acquired
81	81	immune deficiency syndrome (AIDS), human immunodeficiency virus
82	82	(HIV) infection, antibodies to HIV, or infection with any other
83	83	probable causative agent of AIDS, if the offense is an offense under
84	84	Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code;
85	85	[(12)] the right to request victim-offender mediation
86	86	coordinated by the victim services division of the Texas Department
87	87	of Criminal Justice;
88	88	(12) [(13)] the right to be informed of the uses of a
89	89	victim impact statement and the statement's purpose in the criminal
90	90	justice system, to complete the victim impact statement, and to
91	91	have the victim impact statement considered:
92	92	(A) by the attorney representing the state and
93	93	the judge before sentencing or before a plea bargain agreement is
94	94	accepted; and
95	95	(B) by the Board of Pardons and Paroles before an
96	96	inmate is released on parole;
97	97	[(14) to the extent provided by Articles 56.06 and
98	98	56.065, for a victim of a sexual assault, the right to a forensic
99	99	medical examination if, within 96 hours of the sexual assault, the
100	100	assault is reported to a law enforcement agency or a forensic
101	101	medical examination is otherwise conducted at a health care
102	102	facility;] and
103	103	(13) [(15)] for a victim of an assault or sexual
104	104	assault who is younger than 17 years of age or whose case involves
105	105	family violence, as defined by Section 71.004, Family Code, the
106	106	right to have the court consider the impact on the victim of a
107	107	continuance requested by the defendant; if requested by the
108	108	attorney representing the state or by counsel for the defendant,
109	109	the court shall state on the record the reason for granting or
110	110	denying the continuance.
111	111	(c) The office of the attorney representing the state, and
112	112	the sheriff, police, and other law enforcement agencies shall
113	113	ensure to the extent practicable that a victim, guardian of a
114	114	victim, or close relative of a deceased victim is afforded the
115	115	rights granted by [Subsection (a) of] this article and Article
116	116	56.021 and, on request, an explanation of those rights.
117	117	(d) A judge, attorney for the state, peace officer, or law
118	118	enforcement agency is not liable for a failure or inability to
119	119	provide a right enumerated in this article or Article 56.021. The
120	120	failure or inability of any person to provide a right or service
121	121	enumerated in this article or Article 56.021 may not be used by a
122	122	defendant in a criminal case as a ground for appeal, a ground to set
123	123	aside the conviction or sentence, or a ground in a habeas corpus
124	124	petition. A victim, guardian of a victim, or close relative of a
125	125	deceased victim does not have standing to participate as a party in
126	126	a criminal proceeding or to contest the disposition of any charge.
127	127	SECTION 3. Subchapter A, Chapter 56, Code of Criminal
128	128	Procedure, is amended by adding Article 56.021 to read as follows:
129	129	Art. 56.021. RIGHTS OF VICTIM OF SEXUAL ASSAULT. (a) In
130	130	addition to the rights enumerated in Article 56.02, if the offense
131	131	is a sexual assault, the victim, guardian of a victim, or close
132	132	relative of a deceased victim is entitled to the following rights
133	133	within the criminal justice system:
134	134	(1) if requested, the right to a disclosure of
135	135	information regarding any evidence that was collected during the
136	136	investigation of the offense, unless disclosing the information
137	137	would interfere with the investigation of the offense, in which
138	138	event the victim, guardian, or relative shall be informed of the
139	139	estimated date on which that information is expected to be
140	140	disclosed;
141	141	(2) if requested, the right to a disclosure of
142	142	information regarding the status of any analysis being performed of
143	143	any evidence that was collected during the investigation of the
144	144	offense;
145	145	(3) if requested, the right to be notified:
146	146	(A) at the time a request is submitted to a crime
147	147	laboratory to process and analyze any evidence that was collected
148	148	during the investigation of the offense;
149	149	(B) at the time of the submission of a request to
150	150	compare any biological evidence collected during the investigation
151	151	of the offense with DNA profiles maintained in a state or federal
152	152	DNA database; and
153	153	(C) of the results of the comparison described by
154	154	Paragraph (B), unless disclosing the results would interfere with
155	155	the investigation of the offense, in which event the victim,
156	156	guardian, or relative shall be informed of the estimated date on
157	157	which those results are expected to be disclosed;
158	158	(4) if requested, the right to counseling regarding
159	159	acquired immune deficiency syndrome (AIDS) and human
160	160	immunodeficiency virus (HIV) infection;
161	161	(5) for the victim of the offense, testing for
162	162	acquired immune deficiency syndrome (AIDS), human immunodeficiency
163	163	virus (HIV) infection, antibodies to HIV, or infection with any
164	164	other probable causative agent of AIDS; and
165	165	(6) to the extent provided by Articles 56.06 and
166	166	56.065, for the victim of the offense, the right to a forensic
167	167	medical examination if, within 96 hours of the offense, the offense
168	168	is reported to a law enforcement agency or a forensic medical
169	169	examination is otherwise conducted at a health care facility.
170	170	(b) A victim, guardian, or relative who requests to be
171	171	notified under Subsection (a)(3) must provide a current address and
172	172	phone number to the attorney representing the state and the law
173	173	enforcement agency that is investigating the offense. The victim,
174	174	guardian, or relative must inform the attorney representing the
175	175	state and the law enforcement agency of any change in the address or
176	176	phone number.
177	177	(c) A victim, guardian, or relative may designate a person,
178	178	including an entity that provides services to victims of sexual
179	179	assault, to receive any notice requested under Subsection (a)(3).
180	180	SECTION 4. Article 56.03(b), Code of Criminal Procedure, is
181	181	amended to read as follows:
182	182	(b) The victim impact statement must be in a form designed
183	183	to inform a victim, guardian of a victim, or a close relative of a
184	184	deceased victim with a clear statement of rights provided by
185	185	Articles [Article] 56.02 and 56.021 and to collect the following
186	186	information:
187	187	(1) the name of the victim of the offense or, if the
188	188	victim has a legal guardian or is deceased, the name of a guardian
189	189	or close relative of the victim;
190	190	(2) the address and telephone number of the victim,
191	191	guardian, or relative through which the victim, guardian of a
192	192	victim, or a close relative of a deceased victim, may be contacted;
193	193	(3) a statement of economic loss suffered by the
194	194	victim, guardian, or relative as a result of the offense;
195	195	(4) a statement of any physical or psychological
196	196	injury suffered by the victim, guardian, or relative as a result of
197	197	the offense, as described by the victim, guardian, relative, or by a
198	198	physician or counselor;
199	199	(5) a statement of any psychological services
200	200	requested as a result of the offense;
201	201	(6) a statement of any change in the victim's,
202	202	guardian's, or relative's personal welfare or familial relationship
203	203	as a result of the offense;
204	204	(7) a statement as to whether or not the victim,
205	205	guardian, or relative wishes to be notified in the future of any
206	206	parole hearing for the defendant and an explanation as to the
207	207	procedures by which the victim, guardian, or relative may obtain
208	208	information concerning the release of the defendant from the Texas
209	209	Department of Criminal Justice; and
210	210	(8) any other information, other than facts related to
211	211	the commission of the offense, related to the impact of the offense
212	212	on the victim, guardian, or relative.
213	213	SECTION 5. Article 56.04(b), Code of Criminal Procedure, is
214	214	amended to read as follows:
215	215	(b) The duty of the victim assistance coordinator is to
216	216	ensure that a victim, guardian of a victim, or close relative of a
217	217	deceased victim is afforded the rights granted victims, guardians,
218	218	and relatives by Articles [Article] 56.02 and 56.021 [of this
219	219	code]. The victim assistance coordinator shall work closely with
220	220	appropriate law enforcement agencies, prosecuting attorneys, the
221	221	Board of Pardons and Paroles, and the judiciary in carrying out that
222	222	duty.
223	223	SECTION 6. Articles 56.045(b) and (f), Code of Criminal
224	224	Procedure, are amended to read as follows:
225	225	(b) The advocate may only provide the injured person with:
226	226	(1) counseling and other support services; and
227	227	(2) information regarding the rights of crime victims
228	228	under Articles [Article] 56.02 and 56.021.
229	229	(f) If a person alleging to have sustained injuries as the
230	230	victim of a sexual assault was confined in a penal institution, as
231	231	defined by Section 1.07, Penal Code, at the time of the alleged
232	232	assault, the penal institution shall provide, at the person's
233	233	request, a representative to be present with the person at any
234	234	forensic medical examination conducted for the purpose of
235	235	collecting and preserving evidence related to the investigation or
236	236	prosecution of the alleged assault. The representative may only
237	237	provide the injured person with counseling and other support
238	238	services and with information regarding the rights of crime victims
239	239	under Articles [Article] 56.02 and 56.021 and may not delay or
240	240	otherwise impede the screening or stabilization of an emergency
241	241	medical condition. The representative must be approved by the
242	242	penal institution and must be a:
243	243	(1) psychologist;
244	244	(2) sociologist;
245	245	(3) chaplain;
246	246	(4) social worker;
247	247	(5) case manager; or
248	248	(6) volunteer who has completed a sexual assault
249	249	training program described by Section 420.011(b), Government Code.
250	250	SECTION 7. Article 56.07(a), Code of Criminal Procedure, is
251	251	amended to read as follows:
252	252	(a) At the initial contact or at the earliest possible time
253	253	after the initial contact between the victim of a reported crime and
254	254	the law enforcement agency having the responsibility for
255	255	investigating that crime, that agency shall provide the victim a
256	256	written notice containing:
257	257	(1) information about the availability of emergency
258	258	and medical services, if applicable;
259	259	(2) notice that the victim has the right to receive
260	260	information regarding compensation to victims of crime as provided
261	261	by Subchapter B, Chapter 56, including information about:
262	262	(A) the costs that may be compensated under that
263	263	Act and the amount of compensation, eligibility for compensation,
264	264	and procedures for application for compensation under that Act;
265	265	(B) the payment for a medical examination for a
266	266	victim of a sexual assault under Article 56.06 of this code; and
267	267	(C) referral to available social service
268	268	agencies that may offer additional assistance;
269	269	(3) the name, address, and phone number of the law
270	270	enforcement agency's victim assistance liaison;
271	271	(4) the address, phone number, and name of the crime
272	272	victim assistance coordinator of the office of the attorney
273	273	representing the state;
274	274	(5) the following statement:
275	275	"You may call the law enforcement agency's telephone number
276	276	for the status of the case and information about victims' rights";
277	277	and
278	278	(6) the rights of crime victims under Articles
279	279	[Article] 56.02 and 56.021 [of this code].
280	280	SECTION 8. Section 57.002(a), Family Code, is amended to
281	281	read as follows:
282	282	(a) A victim, guardian of a victim, or close relative of a
283	283	deceased victim is entitled to the following rights within the
284	284	juvenile justice system:
285	285	(1) the right to receive from law enforcement agencies
286	286	adequate protection from harm and threats of harm arising from
287	287	cooperation with prosecution efforts;
288	288	(2) the right to have the court or person appointed by
289	289	the court take the safety of the victim or the victim's family into
290	290	consideration as an element in determining whether the child should
291	291	be detained before the child's conduct is adjudicated;
292	292	(3) the right, if requested, to be informed of
293	293	relevant court proceedings, including appellate proceedings, and
294	294	to be informed in a timely manner if those court proceedings have
295	295	been canceled or rescheduled;
296	296	(4) the right to be informed, when requested, by the
297	297	court or a person appointed by the court concerning the procedures
298	298	in the juvenile justice system, including general procedures
299	299	relating to:
300	300	(A) the preliminary investigation and deferred
301	301	prosecution of a case; and
302	302	(B) the appeal of the case;
303	303	(5) the right to provide pertinent information to a
304	304	juvenile court conducting a disposition hearing concerning the
305	305	impact of the offense on the victim and the victim's family by
306	306	testimony, written statement, or any other manner before the court
307	307	renders its disposition;
308	308	(6) the right to receive information regarding
309	309	compensation to victims as provided by Subchapter B, Chapter 56,
310	310	Code of Criminal Procedure, including information related to the
311	311	costs that may be compensated under that subchapter and the amount
312	312	of compensation, eligibility for compensation, and procedures for
313	313	application for compensation under that subchapter, the payment of
314	314	medical expenses under Section 56.06, Code of Criminal Procedure,
315	315	for a victim of a sexual assault, and when requested, to referral to
316	316	available social service agencies that may offer additional
317	317	assistance;
318	318	(7) the right to be informed, upon request, of
319	319	procedures for release under supervision or transfer of the person
320	320	to the custody of the Texas Department of Criminal Justice for
321	321	parole, to participate in the release or transfer for parole
322	322	process, to be notified, if requested, of the person's release,
323	323	escape, or transfer for parole proceedings concerning the person,
324	324	to provide to the Texas Juvenile Justice Department [Texas Youth
325	325	Commission] for inclusion in the person's file information to be
326	326	considered by the commission before the release under supervision
327	327	or transfer for parole of the person, and to be notified, if
328	328	requested, of the person's release or transfer for parole;
329	329	(8) the right to be provided with a waiting area,
330	330	separate or secure from other witnesses, including the child
331	331	alleged to have committed the conduct and relatives of the child,
332	332	before testifying in any proceeding concerning the child, or, if a
333	333	separate waiting area is not available, other safeguards should be
334	334	taken to minimize the victim's contact with the child and the
335	335	child's relatives and witnesses, before and during court
336	336	proceedings;
337	337	(9) the right to prompt return of any property of the
338	338	victim that is held by a law enforcement agency or the attorney for
339	339	the state as evidence when the property is no longer required for
340	340	that purpose;
341	341	(10) the right to have the attorney for the state
342	342	notify the employer of the victim, if requested, of the necessity of
343	343	the victim's cooperation and testimony in a proceeding that may
344	344	necessitate the absence of the victim from work for good cause;
345	345	(11) the right to be present at all public court
346	346	proceedings related to the conduct of the child as provided by
347	347	Section 54.08, subject to that section; and
348	348	(12) any other right appropriate to the victim that a
349	349	victim of criminal conduct has under Article 56.02 or 56.021, Code
350	350	of Criminal Procedure.
351	351	SECTION 9. To allow the Texas Crime Victim Clearinghouse
352	352	sufficient time to update the victim impact statement form as
353	353	required by Article 56.03(h), Code of Criminal Procedure, a law
354	354	enforcement agency, prosecutor, or other participant in the
355	355	criminal justice system is not required to use a victim impact
356	356	statement form that complies with Article 56.03, Code of Criminal
357	357	Procedure, as amended by this Act, until January 1, 2014.
358	358	SECTION 10. This Act takes effect September 1, 2013.