83R8273 MAW-F
By: Carter H.B. No. 3517
A BILL TO BE ENTITLED
AN ACT
relating to requiring a jury to consider a victim impact statement
before assessing punishment in a criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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, 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;
(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 or jury 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 2. Article 56.03, Code of Criminal Procedure, is
amended by amending Subsections (e) and (f) and adding Subsection
(e-1) to read as follows:
(e) If a judge assesses punishment in a criminal case,
before assessing punishment and imposing [Prior to the imposition
of] a sentence [by the court in a criminal case,] the judge shall
[court], if [it has received] a victim impact statement has been
received in the case, [shall] consider the information provided in
the statement. The judge shall have the statement read aloud to the
jury if the jury assesses punishment in the case, and the jury shall
consider the information in assessing the punishment.
(e-1) Before punishment is assessed in a criminal case in
which a victim impact statement has been received [sentencing the
defendant], the judge [court] shall permit the defendant or the
defendant's [his] counsel a reasonable time to read the statement,
excluding the victim's name, address, and telephone number, comment
on the statement, and, with the approval of the judge [court],
introduce testimony or other information alleging a factual
inaccuracy in the statement. If the judge [court] sentences the
defendant to a term of community supervision, the judge [court]
shall forward any victim [victim's] impact statement received in
the case to the community supervision and corrections department
supervising the defendant, along with the papers in the case.
(f) The judge or a jury [court] may not inspect or receive
information from a victim impact statement until after a finding of
guilt or until deferred adjudication is ordered and the contents of
the statement may not be disclosed to any person unless:
(1) the defendant pleads guilty or nolo contendere or
is convicted of the offense; or
(2) the defendant in writing authorizes the judge or
jury [court] to inspect or receive information from the statement.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2013.