83R23011 MAW-F
By: Thompson of Harris H.B. No. 2559
Substitute the following for H.B. No. 2559:
By: Herrero C.S.H.B. No. 2559
A BILL TO BE ENTITLED
AN ACT
relating to the rights of certain victims of sexual assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 56.01(2-a), Code of Criminal Procedure,
is amended to read as follows:
(2-a) "Sexual assault" means [includes] an offense
under Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code.
SECTION 2. Articles 56.02(a), (c), and (d), Code of
Criminal Procedure, are 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, if requested, of the necessity of
the victim's cooperation and testimony in a proceeding that may
necessitate the absence 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;
(12) [(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
(13) [(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.
(c) The office of the attorney representing the state, and
the sheriff, police, and other law enforcement agencies shall
ensure to the extent practicable that a victim, guardian of a
victim, or close relative of a deceased victim is afforded the
rights granted by [Subsection (a) of] this article and Article
56.021 and, on request, an explanation of those rights.
(d) A judge, attorney for the state, peace officer, or law
enforcement agency is not liable for a failure or inability to
provide a right enumerated in this article or Article 56.021. The
failure or inability of any person to provide a right or service
enumerated in this article or Article 56.021 may not be used by a
defendant in a criminal case as a ground for appeal, a ground to set
aside the conviction or sentence, or a ground in a habeas corpus
petition. A victim, guardian of a victim, or close relative of a
deceased victim does not have standing to participate as a party in
a criminal proceeding or to contest the disposition of any charge.
SECTION 3. Subchapter A, Chapter 56, Code of Criminal
Procedure, is amended by adding Article 56.021 to read as follows:
Art. 56.021. RIGHTS OF VICTIM OF SEXUAL ASSAULT. (a) In
addition to the rights enumerated in Article 56.02, if the offense
is a sexual assault, the victim, guardian of a victim, or close
relative of a deceased victim is entitled to the following rights
within the criminal justice system:
(1) if requested, the right to a disclosure of
information regarding any evidence that was collected during the
investigation of the offense, unless disclosing the information
would interfere with the investigation of the offense, in which
event the victim, guardian, or relative shall be informed of the
estimated date on which that information is expected to be
disclosed;
(2) if requested, the right to a disclosure of
information regarding the status of any analysis being performed of
any evidence that was collected during the investigation of the
offense;
(3) if requested, the right to be notified:
(A) at the time a request is submitted to a crime
laboratory to process and analyze any evidence that was collected
during the investigation of the offense;
(B) at the time of the submission of a request to
compare any biological evidence collected during the investigation
of the offense with DNA profiles maintained in a state or federal
DNA database; and
(C) of the results of the comparison described by
Paragraph (B), unless disclosing the results would interfere with
the investigation of the offense, in which event the victim,
guardian, or relative shall be informed of the estimated date on
which those results are expected to be disclosed;
(4) if requested, the right to counseling regarding
acquired immune deficiency syndrome (AIDS) and human
immunodeficiency virus (HIV) infection;
(5) for the victim of the offense, 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; and
(6) to the extent provided by Articles 56.06 and
56.065, for the victim of the offense, the right to a forensic
medical examination if, within 96 hours of the offense, the offense
is reported to a law enforcement agency or a forensic medical
examination is otherwise conducted at a health care facility.
(b) A victim, guardian, or relative who requests to be
notified under Subsection (a)(3) must provide a current address and
phone number to the attorney representing the state and the law
enforcement agency that is investigating the offense. The victim,
guardian, or relative must inform the attorney representing the
state and the law enforcement agency of any change in the address or
phone number.
(c) A victim, guardian, or relative may designate a person,
including an entity that provides services to victims of sexual
assault, to receive any notice requested under Subsection (a)(3).
SECTION 4. Article 56.03(b), Code of Criminal Procedure, is
amended to read as follows:
(b) The victim impact statement must be in a form designed
to inform a victim, guardian of a victim, or a close relative of a
deceased victim with a clear statement of rights provided by
Articles [Article] 56.02 and 56.021 and to collect the following
information:
(1) the name of the victim of the offense or, if the
victim has a legal guardian or is deceased, the name of a guardian
or close relative of the victim;
(2) the address and telephone number of the victim,
guardian, or relative through which the victim, guardian of a
victim, or a close relative of a deceased victim, may be contacted;
(3) a statement of economic loss suffered by the
victim, guardian, or relative as a result of the offense;
(4) a statement of any physical or psychological
injury suffered by the victim, guardian, or relative as a result of
the offense, as described by the victim, guardian, relative, or by a
physician or counselor;
(5) a statement of any psychological services
requested as a result of the offense;
(6) a statement of any change in the victim's,
guardian's, or relative's personal welfare or familial relationship
as a result of the offense;
(7) a statement as to whether or not the victim,
guardian, or relative wishes to be notified in the future of any
parole hearing for the defendant and an explanation as to the
procedures by which the victim, guardian, or relative may obtain
information concerning the release of the defendant from the Texas
Department of Criminal Justice; and
(8) any other information, other than facts related to
the commission of the offense, related to the impact of the offense
on the victim, guardian, or relative.
SECTION 5. Article 56.04(b), Code of Criminal Procedure, is
amended to read as follows:
(b) The duty of the victim assistance coordinator is to
ensure that a victim, guardian of a victim, or close relative of a
deceased victim is afforded the rights granted victims, guardians,
and relatives by Articles [Article] 56.02 and 56.021 [of this
code]. The victim assistance coordinator shall work closely with
appropriate law enforcement agencies, prosecuting attorneys, the
Board of Pardons and Paroles, and the judiciary in carrying out that
duty.
SECTION 6. Articles 56.045(b) and (f), Code of Criminal
Procedure, are amended to read as follows:
(b) The advocate may only provide the injured person with:
(1) counseling and other support services; and
(2) information regarding the rights of crime victims
under Articles [Article] 56.02 and 56.021.
(f) If a person alleging to have sustained injuries as the
victim of a sexual assault was confined in a penal institution, as
defined by Section 1.07, Penal Code, at the time of the alleged
assault, the penal institution shall provide, at the person's
request, a representative to be present with the person at any
forensic medical examination conducted for the purpose of
collecting and preserving evidence related to the investigation or
prosecution of the alleged assault. The representative may only
provide the injured person with counseling and other support
services and with information regarding the rights of crime victims
under Articles [Article] 56.02 and 56.021 and may not delay or
otherwise impede the screening or stabilization of an emergency
medical condition. The representative must be approved by the
penal institution and must be a:
(1) psychologist;
(2) sociologist;
(3) chaplain;
(4) social worker;
(5) case manager; or
(6) volunteer who has completed a sexual assault
training program described by Section 420.011(b), Government Code.
SECTION 7. Article 56.07(a), Code of Criminal Procedure, is
amended to read as follows:
(a) At the initial contact or at the earliest possible time
after the initial contact between the victim of a reported crime and
the law enforcement agency having the responsibility for
investigating that crime, that agency shall provide the victim a
written notice containing:
(1) information about the availability of emergency
and medical services, if applicable;
(2) notice that the victim has the right to receive
information regarding compensation to victims of crime as provided
by Subchapter B, Chapter 56, including information about:
(A) the costs that may be compensated under that
Act and the amount of compensation, eligibility for compensation,
and procedures for application for compensation under that Act;
(B) the payment for a medical examination for a
victim of a sexual assault under Article 56.06 of this code; and
(C) referral to available social service
agencies that may offer additional assistance;
(3) the name, address, and phone number of the law
enforcement agency's victim assistance liaison;
(4) the address, phone number, and name of the crime
victim assistance coordinator of the office of the attorney
representing the state;
(5) the following statement:
"You may call the law enforcement agency's telephone number
for the status of the case and information about victims' rights";
and
(6) the rights of crime victims under Articles
[Article] 56.02 and 56.021 [of this code].
SECTION 8. Section 57.002(a), Family Code, 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
juvenile 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 court or person appointed by
the court take the safety of the victim or the victim's family into
consideration as an element in determining whether the child should
be detained before the child's conduct is adjudicated;
(3) the right, if requested, to be informed of
relevant court proceedings, including appellate proceedings, and
to be informed in a timely manner if those court proceedings have
been canceled or rescheduled;
(4) the right to be informed, when requested, by the
court or a person appointed by the court concerning the procedures
in the juvenile justice system, including general procedures
relating to:
(A) the preliminary investigation and deferred
prosecution of a case; and
(B) the appeal of the case;
(5) the right to provide pertinent information to a
juvenile court conducting a disposition hearing concerning the
impact of the offense on the victim and the victim's family by
testimony, written statement, or any other manner before the court
renders its disposition;
(6) the right to receive information regarding
compensation to victims as provided by Subchapter B, Chapter 56,
Code of Criminal Procedure, 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 of
medical expenses under Section 56.06, Code of Criminal Procedure,
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
procedures for release under supervision or transfer of the person
to the custody of the Texas Department of Criminal Justice for
parole, to participate in the release or transfer for parole
process, to be notified, if requested, of the person's release,
escape, or transfer for parole proceedings concerning the person,
to provide to the Texas Juvenile Justice Department [Texas Youth
Commission] for inclusion in the person's file information to be
considered by the commission before the release under supervision
or transfer for parole of the person, and to be notified, if
requested, of the person's release or transfer for parole;
(8) the right to be provided with a waiting area,
separate or secure from other witnesses, including the child
alleged to have committed the conduct and relatives of the child,
before testifying in any proceeding concerning the child, or, if a
separate waiting area is not available, other safeguards should be
taken to minimize the victim's contact with the child and the
child'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, if requested, of the necessity of
the victim's cooperation and testimony in a proceeding that may
necessitate the absence of the victim from work for good cause;
(11) the right to be present at all public court
proceedings related to the conduct of the child as provided by
Section 54.08, subject to that section; and
(12) any other right appropriate to the victim that a
victim of criminal conduct has under Article 56.02 or 56.021, Code
of Criminal Procedure.
SECTION 9. To allow the Texas Crime Victim Clearinghouse
sufficient time to update the victim impact statement form as
required by Article 56.03(h), Code of Criminal Procedure, a law
enforcement agency, prosecutor, or other participant in the
criminal justice system is not required to use a victim impact
statement form that complies with Article 56.03, Code of Criminal
Procedure, as amended by this Act, until January 1, 2014.
SECTION 10. This Act takes effect September 1, 2013.