83R1225 MAW-D
By: Perry, King of Parker, et al. H.B. No. 899
A BILL TO BE ENTITLED
AN ACT
relating to certain rights of victims, guardians of victims, and
close relatives of deceased victims in the criminal justice system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 56.02(a) and (c), 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;
(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; and
(16) if the offense is a capital felony, the right to:
(A) decline to be contacted by a victim outreach
specialist if the contact is initiated by, or if the specialist is
retained by, the defendant or the defendant's attorney;
(B) designate a victim service provider to
receive all communications from a victim outreach specialist acting
on behalf of any person; and
(C) have the attorney representing the state
notify the defendant and the defendant's attorney of any decisions
made under Paragraph (A) or (B).
(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, on request,
an explanation of those rights.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.