H.B. No. 4173
AN ACT
relating to the nonsubstantive revision of certain provisions of
the Code of Criminal Procedure, including conforming amendments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. NONSUBSTANTIVE REVISION OF CERTAIN PROVISIONS OF THE
CODE OF CRIMINAL PROCEDURE
SECTION 1.01. Chapter 1, Code of Criminal Procedure, is amended by adding Articles 1.025 and 1.026 to read as follows:
CHAPTER 1. GENERAL PROVISIONS
Art. 1.025. SEVERABILITY
Art. 1.026. CONSTRUCTION
CHAPTER 1. GENERAL PROVISIONS
Art. 1.025. SEVERABILITY. If any provision of this code or
its application to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of the
code that can be given effect without the invalid provision or
application, and to this end the provisions of this code are
severable. (Code Crim. Proc., Art. 54.01.)
Art. 1.026. CONSTRUCTION. The articles contained in
Chapter 722 (S.B. 107), Acts of the 59th Legislature, Regular
Session, 1965, as revised, rewritten, changed, combined, and
codified, may not be construed as a continuation of former laws
except as otherwise provided in that Act. (Code Crim. Proc., Art.
54.02, Sec. 2(a) (part).)
SECTION 1.02. Title 1, Code of Criminal Procedure, is amended by adding Chapter 7B to read as follows:
CHAPTER 7B. PROTECTIVE ORDERS
SUBCHAPTER A. PROTECTIVE ORDER FOR VICTIMS OF SEXUAL ASSAULT OR
ABUSE, STALKING, OR TRAFFICKING
Art. 7B.001. APPLICATION FOR PROTECTIVE ORDER
Art. 7B.002. TEMPORARY EX PARTE ORDER
Art. 7B.003. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
ORDER
Art. 7B.004. HEARSAY STATEMENT OF CHILD VICTIM
Art. 7B.005. CONDITIONS SPECIFIED BY PROTECTIVE ORDER
Art. 7B.006. WARNING ON PROTECTIVE ORDER
Art. 7B.007. DURATION OF PROTECTIVE ORDER; RESCISSION
Art. 7B.008. APPLICATION OF OTHER LAW
SUBCHAPTER B. STALKING PROTECTIVE ORDER
Art. 7B.051. REQUEST FOR PROTECTIVE ORDER
Art. 7B.052. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
ORDER
Art. 7B.053. ENFORCEMENT
SUBCHAPTER C. PROTECTIVE ORDER PROHIBITING OFFENSE MOTIVATED BY
BIAS OR PREJUDICE
Art. 7B.101. REQUEST FOR PROTECTIVE ORDER
Art. 7B.102. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
ORDER
Art. 7B.103. ENFORCEMENT
Art. 7B.104. REPORTING
CHAPTER 7B. PROTECTIVE ORDERS
SUBCHAPTER A. PROTECTIVE ORDER FOR VICTIMS OF SEXUAL ASSAULT OR
ABUSE, STALKING, OR TRAFFICKING
Art. 7B.001. APPLICATION FOR PROTECTIVE ORDER. (a) The
following persons may file an application for a protective order
under this subchapter without regard to the relationship between
the applicant and the alleged offender:
(1) a person who is the victim of an offense under
Section 21.02, 21.11, 22.011, 22.021, or 42.072, Penal Code;
(2) a person who is the victim of an offense under
Section 20A.02, 20A.03, or 43.05, Penal Code;
(3) a parent or guardian acting on behalf of a person
younger than 17 years of age who is the victim of an offense listed
in Subdivision (1);
(4) a parent or guardian acting on behalf of a person
younger than 18 years of age who is the victim of an offense listed
in Subdivision (2); or
(5) a prosecuting attorney acting on behalf of a
person described by Subdivision (1), (2), (3), or (4).
(b) An application for a protective order under this
subchapter may be filed in:
(1) a district court, juvenile court having the
jurisdiction of a district court, statutory county court, or
constitutional county court in:
(A) the county in which the applicant resides;
(B) the county in which the alleged offender
resides; or
(C) any county in which an element of the alleged
offense occurred; or
(2) any court with jurisdiction over a protective
order under Title 4, Family Code, involving the same parties named
in the application. (Code Crim. Proc., Art. 7A.01.)
Art. 7B.002. TEMPORARY EX PARTE ORDER. If the court finds
from the information contained in an application for a protective
order that there is a clear and present danger of sexual assault or
abuse, stalking, trafficking, or other harm to the applicant, the
court, without further notice to the alleged offender and without a
hearing, may issue a temporary ex parte order for the protection of
the applicant or any other member of the applicant's family or
household. (Code Crim. Proc., Art. 7A.02.)
Art. 7B.003. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
ORDER. (a) At the close of a hearing on an application for a
protective order under this subchapter, the court shall find
whether there are reasonable grounds to believe that the applicant
is the victim of sexual assault or abuse, stalking, or trafficking.
(b) If the court finds that there are reasonable grounds to
believe that the applicant is the victim of sexual assault or abuse,
stalking, or trafficking, the court shall issue a protective order
that includes a statement of the required findings. (Code Crim.
Proc., Art. 7A.03.)
Art. 7B.004. HEARSAY STATEMENT OF CHILD VICTIM. In a
hearing on an application for a protective order under this
subchapter, a statement that is made by a child younger than 14
years of age who is the victim of an offense under Section 21.02,
21.11, 22.011, or 22.021, Penal Code, and that describes the
offense committed against the child is admissible as evidence in
the same manner that a child's statement regarding alleged abuse
against the child is admissible under Section 104.006, Family Code,
in a suit affecting the parent-child relationship. (Code Crim.
Proc., Art. 7A.035.)
Art. 7B.005. CONDITIONS SPECIFIED BY PROTECTIVE ORDER. (a)
In a protective order issued under this subchapter, the court may:
(1) order the alleged offender to take action as
specified by the court that the court determines is necessary or
appropriate to prevent or reduce the likelihood of future harm to
the applicant or a member of the applicant's family or household; or
(2) prohibit the alleged offender from:
(A) communicating:
(i) directly or indirectly with the
applicant or any member of the applicant's family or household in a
threatening or harassing manner; or
(ii) in any manner with the applicant or any
member of the applicant's family or household except through the
applicant's attorney or a person appointed by the court, if the
court finds good cause for the prohibition;
(B) going to or near the residence, place of
employment or business, or child-care facility or school of the
applicant or any member of the applicant's family or household;
(C) engaging in conduct directed specifically
toward the applicant or any member of the applicant's family or
household, including following the person, that is reasonably
likely to harass, annoy, alarm, abuse, torment, or embarrass the
person; and
(D) possessing a firearm, unless the alleged
offender is a peace officer, as defined by Section 1.07, Penal Code,
actively engaged in employment as a sworn, full-time paid employee
of a state agency or political subdivision.
(b) In a protective order that includes a condition
described by Subsection (a)(2)(B), the court shall specifically
describe each prohibited location and the minimum distance from the
location, if any, that the alleged offender must maintain. This
subsection does not apply to a protective order with respect to
which the court has received a request to maintain confidentiality
of information revealing the locations.
(c) In a protective order, the court may suspend a license
to carry a handgun issued under Section 411.177, Government Code,
that is held by the alleged offender. (Code Crim. Proc., Art.
7A.05.)
Art. 7B.006. WARNING ON PROTECTIVE ORDER. (a) Each
protective order issued under this subchapter, including a
temporary ex parte order, must contain the following prominently
displayed statements in boldfaced type, in capital letters, or
underlined:
"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
UNLESS A COURT CHANGES THE ORDER."
"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
FIREARM OR AMMUNITION."
(b) Each protective order issued under this subchapter,
except for a temporary ex parte order, must contain the following
prominently displayed statement in boldfaced type, in capital
letters, or underlined:
"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE
OFFENSE IN ADDITION TO A VIOLATION OF THIS ORDER." (Code Crim.
Proc., Art. 7A.06.)
Art. 7B.007. DURATION OF PROTECTIVE ORDER; RESCISSION. (a)
A protective order issued under Article 7B.003 may be effective for
the duration of the lives of the offender and victim or for any
shorter period stated in the order. If a period is not stated in the
order, the order is effective until the second anniversary of the
date the order was issued.
(b) The following persons may file at any time an
application with the court to rescind the protective order:
(1) a victim of an offense listed in Article
7B.001(a)(1) who is 17 years of age or older or a parent or guardian
acting on behalf of a victim who is younger than 17 years of age; or
(2) a victim of an offense listed in Article
7B.001(a)(2) or a parent or guardian acting on behalf of a victim
who is younger than 18 years of age.
(c) To the extent of any conflict with Section 85.025,
Family Code, this article prevails. (Code Crim. Proc., Art.
7A.07.)
Art. 7B.008. APPLICATION OF OTHER LAW. To the extent
applicable, except as otherwise provided by this subchapter, Title
4, Family Code, applies to a protective order issued under this
subchapter. (Code Crim. Proc., Art. 7A.04.)
SUBCHAPTER B. STALKING PROTECTIVE ORDER
Art. 7B.051. REQUEST FOR PROTECTIVE ORDER. (a) At any
proceeding related to an offense under Section 42.072, Penal Code,
in which the defendant appears before the court, a person may
request the court to issue a protective order under Title 4, Family
Code, for the protection of the person.
(b) The request under Subsection (a) is made by filing an
application for a protective order in the same manner as an
application for a protective order under Title 4, Family Code.
(Code Crim. Proc., Art. 6.09(a).)
Art. 7B.052. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
ORDER. The court shall issue a protective order in the manner
provided by Title 4, Family Code, if, in lieu of the finding that
family violence occurred and is likely to occur in the future as
required by Section 85.001, Family Code, the court finds that:
(1) probable cause exists to believe that an offense
under Section 42.072, Penal Code, was committed; and
(2) the nature of the scheme or course of conduct
engaged in by the defendant in committing the offense indicates the
defendant is likely in the future to engage in conduct prohibited by
Section 42.072(a)(1), (2), or (3), Penal Code. (Code Crim. Proc.,
Art. 6.09(b).)
Art. 7B.053. ENFORCEMENT. The procedure for the
enforcement of a protective order under Title 4, Family Code,
applies to the fullest extent practicable to the enforcement of a
protective order under this subchapter, including provisions
relating to findings, contents, duration, warning, delivery, law
enforcement duties, and modification. (Code Crim. Proc., Art.
6.09(c).)
SUBCHAPTER C. PROTECTIVE ORDER PROHIBITING OFFENSE MOTIVATED BY
BIAS OR PREJUDICE
Art. 7B.101. REQUEST FOR PROTECTIVE ORDER. A person may
request the court to issue a protective order under Title 4, Family
Code, for the protection of the person at any proceeding:
(1) in which the defendant appears in constitutional
county court, statutory county court, or district court;
(2) that is related to an offense under Title 5, Penal
Code, or Section 28.02, 28.03, or 28.08, Penal Code; and
(3) in which it is alleged that the defendant
committed the offense because of bias or prejudice as described by
Article 42.014. (Code Crim. Proc., Art. 6.08(a).)
Art. 7B.102. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
ORDER. The court shall issue a protective order in the manner
provided by Title 4, Family Code, if, in lieu of the finding that
family violence occurred and is likely to occur in the future as
required by Section 85.001, Family Code, the court finds that:
(1) probable cause exists to believe that an offense
under Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal
Code, was committed;
(2) the defendant committed the offense because of
bias or prejudice; and
(3) the nature of the scheme or course of conduct
engaged in by the defendant in committing the offense indicates the
defendant is likely in the future to:
(A) engage in conduct prohibited by Title 5,
Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code; and
(B) engage in that conduct described by Paragraph
(A) because of bias or prejudice. (Code Crim. Proc., Art. 6.08(b).)
Art. 7B.103. ENFORCEMENT. The procedure for the
enforcement of a protective order under Title 4, Family Code,
applies to the fullest extent practicable to the enforcement of a
protective order under this subchapter, including provisions
relating to findings, contents, duration, warning, delivery, law
enforcement duties, and modification, except that:
(1) the printed statement on the warning must refer to
the prosecution of subsequent offenses committed because of bias or
prejudice;
(2) the court shall require a constable to serve a
protective order issued under this subchapter; and
(3) the clerk of the court shall forward a copy of a
protective order issued under this subchapter to the Department of
Public Safety with a designation indicating that the order was
issued to prevent offenses committed because of bias or prejudice.
(Code Crim. Proc., Art. 6.08(c).)
Art. 7B.104. REPORTING. For an original or modified
protective order issued under this subchapter, on receipt of the
order from the clerk of the court, a law enforcement agency shall
immediately, but not later than the 10th day after the date the
order is received, enter the information required by Section
411.042(b)(6), Government Code, into the statewide law enforcement
information system maintained by the Department of Public Safety.
(Code Crim. Proc., Art. 6.08(d).)
SECTION 1.03. Title 1, Code of Criminal Procedure, is amended by adding Chapter 19A to read as follows:
CHAPTER 19A. GRAND JURY ORGANIZATION
SUBCHAPTER A. GENERAL PROVISIONS
Art. 19A.001. DEFINITIONS
SUBCHAPTER B. SELECTION AND SUMMONS OF PROSPECTIVE GRAND JURORS
Art. 19A.051. SELECTION AND SUMMONS OF PROSPECTIVE
GRAND JURORS
Art. 19A.052. QUALIFIED PERSONS SUMMONED
Art. 19A.053. ADDITIONAL QUALIFIED PERSONS SUMMONED
Art. 19A.054. FAILURE TO ATTEND
SUBCHAPTER C. GRAND JUROR QUALIFICATIONS; EXCUSES FROM SERVICE
Art. 19A.101. GRAND JUROR QUALIFICATIONS
Art. 19A.102. TESTING QUALIFICATIONS OF PROSPECTIVE
GRAND JURORS
Art. 19A.103. QUALIFIED GRAND JURORS ACCEPTED
Art. 19A.104. PERSONAL INFORMATION CONFIDENTIAL
Art. 19A.105. EXCUSES FROM GRAND JURY SERVICE
SUBCHAPTER D. CHALLENGE TO ARRAY OR GRAND JUROR
Art. 19A.151. ANY PERSON MAY CHALLENGE
Art. 19A.152. CHALLENGE TO ARRAY
Art. 19A.153. CHALLENGE TO GRAND JUROR
Art. 19A.154. DETERMINATION OF VALIDITY OF CHALLENGE
Art. 19A.155. ADDITIONAL PROSPECTIVE GRAND JURORS
SUMMONED FOLLOWING CHALLENGE
SUBCHAPTER E. IMPANELING OF GRAND JURY
Art. 19A.201. GRAND JURY IMPANELED
Art. 19A.202. OATH OF GRAND JURORS
Art. 19A.203. FOREPERSON
Art. 19A.204. COURT INSTRUCTIONS
SUBCHAPTER F. ORGANIZATION AND TERM OF GRAND JURY
Art. 19A.251. QUORUM
Art. 19A.252. DISQUALIFICATION OR UNAVAILABILITY OF
GRAND JUROR
Art. 19A.253. RECUSAL OF GRAND JUROR
Art. 19A.254. REASSEMBLY OF GRAND JURY
Art. 19A.255. EXTENSION OF TERM
SUBCHAPTER G. BAILIFFS
Art. 19A.301. BAILIFFS APPOINTED; COMPENSATION
Art. 19A.302. BAILIFF'S DUTIES
Art. 19A.303. BAILIFF'S VIOLATION OF DUTY
CHAPTER 19A. GRAND JURY ORGANIZATION
SUBCHAPTER A. GENERAL PROVISIONS
Art. 19A.001. DEFINITIONS. In this chapter:
(1) "Array" means the whole body of persons summoned
to serve as grand jurors before the grand jurors have been
impaneled.
(2) "Panel" means the whole body of grand jurors.
(Code Crim. Proc., Arts. 19.28, 19.29 (part).)
SUBCHAPTER B. SELECTION AND SUMMONS OF PROSPECTIVE GRAND JURORS
Art. 19A.051. SELECTION AND SUMMONS OF PROSPECTIVE GRAND
JURORS. (a) The district judge shall direct that the number of
prospective grand jurors the judge considers necessary to ensure an
adequate number of grand jurors under Article 19A.201 be selected
and summoned, with return on summons.
(b) The prospective grand jurors shall be selected and
summoned in the same manner as for the selection and summons of
panels for the trial of civil cases in the district courts.
(c) The judge shall test the qualifications for and excuses
from service as a grand juror and impanel the completed grand jury
as provided by this chapter. (Code Crim. Proc., Art. 19.01.)
Art. 19A.052. QUALIFIED PERSONS SUMMONED. On directing the
sheriff to summon grand jurors, the court shall instruct the
sheriff to not summon a person to serve as a grand juror who does not
possess the qualifications prescribed by law. (Code Crim. Proc.,
Art. 19.20.)
Art. 19A.053. ADDITIONAL QUALIFIED PERSONS SUMMONED. (a)
If fewer than 16 persons summoned to serve as grand jurors are found
to be in attendance and qualified to serve, the court shall order
the sheriff to summon an additional number of persons considered
necessary to constitute a grand jury of 12 grand jurors and four
alternate grand jurors.
(b) The sheriff shall summon the additional prospective
grand jurors under Subsection (a) in person to attend before the
court immediately. (Code Crim. Proc., Arts. 19.18, 19.19.)
Art. 19A.054. FAILURE TO ATTEND. The court, by an order
entered on the record, may impose a fine of not less than $100 and
not more than $500 on a legally summoned grand juror who fails to
attend without a reasonable excuse. (Code Crim. Proc., Art. 19.16.)
SUBCHAPTER C. GRAND JUROR QUALIFICATIONS; EXCUSES FROM SERVICE
Art. 19A.101. GRAND JUROR QUALIFICATIONS. A person may be
selected or serve as a grand juror only if the person:
(1) is at least 18 years of age;
(2) is a citizen of the United States;
(3) is a resident of this state and of the county in
which the person is to serve;
(4) is qualified under the constitution and other laws
to vote in the county in which the grand jury is sitting, regardless
of whether the person is registered to vote;
(5) is of sound mind and good moral character;
(6) is able to read and write;
(7) has not been convicted of misdemeanor theft or a
felony;
(8) is not under indictment or other legal accusation
for misdemeanor theft or a felony;
(9) is not related within the third degree by
consanguinity or second degree by affinity, as determined under
Chapter 573, Government Code, to any person selected to serve or
serving on the same grand jury;
(10) has not served as a grand juror in the year before
the date on which the term of court for which the person has been
selected as a grand juror begins; and
(11) is not a complainant in any matter to be heard by
the grand jury during the term of court for which the person has
been selected as a grand juror. (Code Crim. Proc., Art. 19.08.)
Art. 19A.102. TESTING QUALIFICATIONS OF PROSPECTIVE GRAND
JURORS. (a) When at least 14 persons summoned to serve as grand
jurors are present, the court shall test the qualifications of the
prospective grand jurors to serve as grand jurors.
(b) Before impaneling a grand juror, the court or a person
under the direction of the court must interrogate under oath each
person who is presented to serve as a grand juror regarding the
person's qualifications.
(c) In testing the qualifications of a person to serve as a
grand juror, the court or a person under the direction of the court
shall ask:
(1) "Are you a citizen of this state and county, and
qualified to vote in this county, under the constitution and laws of
this state?";
(2) "Are you able to read and write?";
(3) "Have you ever been convicted of misdemeanor theft
or any felony?"; and
(4) "Are you under indictment or other legal
accusation for misdemeanor theft or for any felony?". (Code Crim.
Proc., Arts. 19.21, 19.22, 19.23.)
Art. 19A.103. QUALIFIED GRAND JURORS ACCEPTED. If, by the
person's answer, it appears to the court that the person is a
qualified grand juror, the court shall accept the person as a grand
juror unless it is shown that the person:
(1) is not of sound mind or of good moral character; or
(2) is in fact not qualified to serve as a grand juror.
(Code Crim. Proc., Art. 19.24.)
Art. 19A.104. PERSONAL INFORMATION CONFIDENTIAL. (a)
Except as provided by Subsection (c), information collected by the
court, court personnel, or prosecuting attorney during the grand
jury selection process about a person who serves as a grand juror is
confidential and may not be disclosed by the court, court
personnel, or prosecuting attorney.
(b) Information that is confidential under Subsection (a)
includes a person's:
(1) home address;
(2) home telephone number;
(3) social security number;
(4) driver's license number; and
(5) other personal information.
(c) On a showing of good cause, the court shall permit
disclosure of the information sought to a party to the proceeding.
(Code Crim. Proc., Art. 19.42.)
Art. 19A.105. EXCUSES FROM GRAND JURY SERVICE. (a) The
court shall excuse from serving any summoned person who does not
possess the requisite qualifications.
(b) The following qualified persons may be excused from
grand jury service:
(1) a person older than 70 years of age;
(2) a person responsible for the care of a child
younger than 18 years of age;
(3) a student of a public or private secondary school;
(4) a person enrolled in and in actual attendance at an
institution of higher education; and
(5) any other person the court determines has a
reasonable excuse from service. (Code Crim. Proc., Art. 19.25.)
SUBCHAPTER D. CHALLENGE TO ARRAY OR GRAND JUROR
Art. 19A.151. ANY PERSON MAY CHALLENGE. (a) Before the
grand jury is impaneled, any person may challenge the array of grand
jurors or any person presented as a grand juror. The court may not
hear objections to the qualifications and legality of the grand
jury in any other way.
(b) A person confined in jail in the county shall, on the
person's request, be brought into court to make a challenge
described by Subsection (a). (Code Crim. Proc., Art. 19.27.)
Art. 19A.152. CHALLENGE TO ARRAY. (a) A challenge to the
array may be made only for the following causes:
(1) that the persons summoned as grand jurors are not
in fact the persons selected by the method provided by Article
19A.051; or
(2) that the officer who summoned the grand jurors
acted corruptly in summoning any grand juror.
(b) A challenge to the array must be made in writing. (Code
Crim. Proc., Art. 19.30.)
Art. 19A.153. CHALLENGE TO GRAND JUROR. (a) A challenge to
a grand juror may be made orally for any of the following causes:
(1) that the grand juror is insane;
(2) that the grand juror has a defect in the organs of
feeling or hearing, or a bodily or mental defect or disease that
renders the grand juror unfit for grand jury service, or that the
grand juror is legally blind and the court in its discretion is not
satisfied that the grand juror is fit for grand jury service in that
particular case;
(3) that the grand juror is a witness in or a target of
an investigation of a grand jury;
(4) that the grand juror served on a petit jury in a
former trial of the same alleged conduct or offense that the grand
jury is investigating;
(5) that the grand juror has a bias or prejudice in
favor of or against the person accused or suspected of committing an
offense that the grand jury is investigating;
(6) that from hearsay, or otherwise, there is
established in the mind of the grand juror a conclusion as to the
guilt or innocence of the person accused or suspected of committing
an offense that the grand jury is investigating that would
influence the grand juror's vote on the presentment of an
indictment;
(7) that the grand juror is related within the third
degree by consanguinity or affinity, as determined under Chapter
573, Government Code, to a person accused or suspected of
committing an offense that the grand jury is investigating or to a
person who is a victim of an offense that the grand jury is
investigating;
(8) that the grand juror has a bias or prejudice
against any phase of the law on which the state is entitled to rely
for an indictment;
(9) that the grand juror is not a qualified grand
juror; or
(10) that the grand juror is the prosecutor on an
accusation against the person making the challenge.
(b) A challenge under Subsection (a)(3) may be made ex
parte. The court shall review and rule on the challenge in an in
camera proceeding. The court shall seal any record of the
challenge.
(c) In this article, "legally blind" has the meaning
assigned by Article 35.16(a). (Code Crim. Proc., Art. 19.31.)
Art. 19A.154. DETERMINATION OF VALIDITY OF CHALLENGE. When
a person challenges the array or a grand juror, the court shall hear
proof and decide in a summary manner whether the challenge is well
founded. (Code Crim. Proc., Art. 19.32.)
Art. 19A.155. ADDITIONAL PROSPECTIVE GRAND JURORS SUMMONED
FOLLOWING CHALLENGE. (a) If the court sustains a challenge to the
array, the court shall order another grand jury to be summoned.
(b) If, because of a challenge to any particular grand
juror, fewer than 12 grand jurors remain, the court shall order the
panel to be completed. (Code Crim. Proc., Art. 19.33.)
SUBCHAPTER E. IMPANELING OF GRAND JURY
Art. 19A.201. GRAND JURY IMPANELED. (a) When at least 16
qualified grand jurors are found to be present, the court shall
select 12 fair and impartial persons as grand jurors and 4
additional persons as alternate grand jurors to serve on
disqualification or unavailability of a grand juror during the term
of the grand jury. The grand jurors and the alternate grand jurors
must be randomly selected from a fair cross section of the
population of the area served by the court.
(b) The court shall impanel the grand jurors and alternate
grand jurors, unless a challenge is made to the array or to a
particular person presented to serve as a grand juror or an
alternate grand juror.
(c) A grand juror is considered to be impaneled after the
grand juror's qualifications have been tested and the grand juror
has been sworn. (Code Crim. Proc., Arts. 19.26(a), (b) (part),
19.29 (part).)
Art. 19A.202. OATH OF GRAND JURORS. The court or a person
under the direction of the court shall administer the following
oath to the grand jurors when the grand jury is completed: "You
solemnly swear that you will diligently inquire into, and true
presentment make, of all such matters and things as shall be given
you in charge; the State's counsel, your fellows and your own, you
shall keep secret, unless required to disclose the same in the
course of a judicial proceeding in which the truth or falsity of
evidence given in the grand jury room, in a criminal case, shall be
under investigation. You shall present no person from envy, hatred
or malice; neither shall you leave any person unpresented for love,
fear, favor, affection or hope of reward; but you shall present
things truly as they come to your knowledge, according to the best
of your understanding, so help you God." (Code Crim. Proc., Art.
19.34 (part).)
Art. 19A.203. FOREPERSON. (a) When the grand jury is
completed, the court shall appoint one of the grand jurors as
foreperson.
(b) If the foreperson is for any cause absent or unable or
disqualified to act, the court shall appoint another grand juror as
foreperson. (Code Crim. Proc., Arts. 19.34 (part), 19.39.)
Art. 19A.204. COURT INSTRUCTIONS. The court shall instruct
the grand jury regarding the grand jurors' duty. (Code Crim. Proc.,
Art. 19.35.)
SUBCHAPTER F. ORGANIZATION AND TERM OF GRAND JURY
Art. 19A.251. QUORUM. Nine grand jurors constitute a
quorum for the purpose of discharging a duty or exercising a right
properly belonging to the grand jury. (Code Crim. Proc., Art.
19.40.)
Art. 19A.252. DISQUALIFICATION OR UNAVAILABILITY OF GRAND
JUROR. (a) On learning that a grand juror has become disqualified
or unavailable during the term of the grand jury, the attorney
representing the state shall prepare an order for the court:
(1) identifying the disqualified or unavailable grand
juror;
(2) stating the basis for the disqualification or
unavailability;
(3) dismissing the disqualified or unavailable grand
juror from the grand jury; and
(4) naming one of the alternate grand jurors as a
member of the grand jury.
(b) The procedure established by this article may be used on
disqualification or unavailability of a second or subsequent grand
juror during the term of the grand jury.
(c) For purposes of this article, a grand juror is
unavailable if the grand juror is unable to participate fully in the
duties of the grand jury because of:
(1) the death of the grand juror;
(2) a physical or mental illness of the grand juror; or
(3) any other reason the court determines constitutes
good cause for dismissing the grand juror. (Code Crim. Proc., Art.
19.26(b) (part).)
Art. 19A.253. RECUSAL OF GRAND JUROR. (a) A grand juror
who, during the course of the grand juror's service on the grand
jury, determines that the grand juror could be subject to a valid
challenge for cause under Article 19A.153, shall recuse himself or
herself from grand jury service until the cause no longer exists.
(b) A grand juror who knowingly fails to recuse himself or
herself under Subsection (a) may be held in contempt of court.
(c) A person authorized to be present in the grand jury room
shall report a known violation of Subsection (a) to the court.
(d) The court shall instruct the grand jury regarding the
duty imposed by this article. (Code Crim. Proc., Art. 19.315.)
Art. 19A.254. REASSEMBLY OF GRAND JURY. A grand jury
discharged by the court for the term may be reassembled by the court
at any time during the term. (Code Crim. Proc., Art. 19.41.)
Art. 19A.255. EXTENSION OF TERM. (a) If, before the
expiration of the term for which the grand jury was impaneled, the
foreperson or a majority of the grand jurors declares in open court
that the grand jury's investigation of the matters before the grand
jury cannot be concluded before the expiration of the term, the
judge of the district court in which the grand jury was impaneled
may, by an order entered on the minutes of the court, extend, from
time to time, the period during which the grand jury serves, for the
purpose of concluding the investigation of matters then before the
grand jury.
(b) The extended period during which the grand jury serves
under Subsection (a) may not exceed a total of 90 days after the
expiration date of the term for which the grand jury was impaneled.
(c) All indictments pertaining to the investigation for
which the extension was granted returned by the grand jury during
the extended period are as valid as if returned before the
expiration of the term. (Code Crim. Proc., Art. 19.07.)
SUBCHAPTER G. BAILIFFS
Art. 19A.301. BAILIFFS APPOINTED; COMPENSATION. (a) The
court and the district attorney may each appoint one or more
bailiffs to attend to the grand jury.
(b) The court, or a person under the direction of the court,
shall administer the following oath to each bailiff at the time of
appointment: "You solemnly swear that you will faithfully and
impartially perform all the duties of bailiff of the grand jury, and
that you will keep secret the proceedings of the grand jury, so help
you God."
(c) Bailiffs appointed under this article shall be
compensated in an amount set by the applicable county commissioners
court. (Code Crim. Proc., Art. 19.36.)
Art. 19A.302. BAILIFF'S DUTIES. (a) A bailiff shall:
(1) obey the instructions of the foreperson;
(2) summon all witnesses; and
(3) perform all duties the foreperson requires of the
bailiff.
(b) One bailiff shall always be with the grand jury if two or
more bailiffs are appointed. (Code Crim. Proc., Art. 19.37.)
Art. 19A.303. BAILIFF'S VIOLATION OF DUTY. (a) A bailiff
may not:
(1) take part in the discussions or deliberations of
the grand jury; or
(2) be present when the grand jury is discussing or
voting on a question.
(b) The grand jury shall report to the court any violation
of duty by a bailiff. The court may punish the bailiff for the
violation as for contempt. (Code Crim. Proc., Art. 19.38.)
SECTION 1.04. Title 1, Code of Criminal Procedure, is amended by adding Chapter 20A to read as follows:
CHAPTER 20A. GRAND JURY PROCEEDINGS
SUBCHAPTER A. GENERAL PROVISIONS
Art. 20A.001. DEFINITIONS
SUBCHAPTER B. DUTIES OF GRAND JURY AND GRAND JURORS
Art. 20A.051. DUTIES OF GRAND JURY
Art. 20A.052. DUTIES AND POWERS OF FOREPERSON
Art. 20A.053. MEETING AND ADJOURNMENT
SUBCHAPTER C. GRAND JURY ROOM; PERSONS AUTHORIZED TO BE PRESENT
Art. 20A.101. GRAND JURY ROOM
Art. 20A.102. PERSONS WHO MAY BE PRESENT IN GRAND JURY
ROOM
Art. 20A.103. ATTORNEY REPRESENTING STATE ENTITLED TO
APPEAR
Art. 20A.104. PERSONS WHO MAY ADDRESS GRAND JURY
SUBCHAPTER D. ADVICE TO GRAND JURY
Art. 20A.151. ADVICE FROM ATTORNEY REPRESENTING STATE
Art. 20A.152. ADVICE FROM COURT
SUBCHAPTER E. RECORDING AND DISCLOSURE OF GRAND JURY PROCEEDINGS
Art. 20A.201. RECORDING OF ACCUSED OR SUSPECTED
PERSON'S TESTIMONY; RETENTION OF
RECORDS
Art. 20A.202. PROCEEDINGS SECRET
Art. 20A.203. DISCLOSURE BY PERSON IN PROCEEDING
PROHIBITED
Art. 20A.204. DISCLOSURE BY ATTORNEY REPRESENTING
STATE
Art. 20A.205. PETITION FOR DISCLOSURE BY DEFENDANT
SUBCHAPTER F. WITNESSES
Art. 20A.251. IN-COUNTY WITNESS
Art. 20A.252. OUT-OF-COUNTY WITNESS
Art. 20A.253. EXECUTION OF PROCESS
Art. 20A.254. EVASION OF PROCESS
Art. 20A.255. WITNESS REFUSAL TO TESTIFY
Art. 20A.256. WITNESS OATH
Art. 20A.257. EXAMINATION OF WITNESSES
Art. 20A.258. EXAMINATION OF ACCUSED OR SUSPECTED
PERSON
Art. 20A.259. PEACE OFFICER TESTIMONY BY VIDEO
TELECONFERENCING
SUBCHAPTER G. INDICTMENT
Art. 20A.301. VOTING ON INDICTMENT
Art. 20A.302. PREPARATION OF INDICTMENT
Art. 20A.303. PRESENTMENT OF INDICTMENT
Art. 20A.304. PRESENTMENT OF INDICTMENT ENTERED IN
RECORD
CHAPTER 20A. GRAND JURY PROCEEDINGS
SUBCHAPTER A. GENERAL PROVISIONS
Art. 20A.001. DEFINITIONS. In this chapter:
(1) "Attorney representing the state" means the
attorney general, district attorney, criminal district attorney,
or county attorney.
(2) "Foreperson" means the foreperson of the grand
jury appointed under Article 19A.203. (Code Crim. Proc., Art.
20.03 (part); New.)
SUBCHAPTER B. DUTIES OF GRAND JURY AND GRAND JURORS
Art. 20A.051. DUTIES OF GRAND JURY. The grand jury shall
inquire into all offenses subject to indictment of which any grand
juror may have knowledge or of which the grand jury is informed by
the attorney representing the state or by any other credible
person. (Code Crim. Proc., Art. 20.09.)
Art. 20A.052. DUTIES AND POWERS OF FOREPERSON. (a) The
foreperson shall:
(1) preside over the grand jury's sessions; and
(2) conduct the grand jury's business and proceedings
in an orderly manner.
(b) The foreperson may appoint one or more of the grand
jurors to act as clerks for the grand jury. (Code Crim. Proc., Art.
20.07.)
Art. 20A.053. MEETING AND ADJOURNMENT. The grand jury
shall meet and adjourn at times agreed on by a majority of the grand
jury, except that the grand jury may not adjourn for more than three
consecutive days unless the court consents to the adjournment.
With the court's consent, the grand jury may adjourn for a longer
period and shall conform the grand jury's adjournments as closely
as possible to the court's adjournments. (Code Crim. Proc., Art.
20.08.)
SUBCHAPTER C. GRAND JURY ROOM; PERSONS AUTHORIZED TO BE PRESENT
Art. 20A.101. GRAND JURY ROOM. After the grand jury is
organized, the grand jury shall discharge the grand jury's duties
in a suitable place that the sheriff shall prepare for the grand
jury's sessions. (Code Crim. Proc., Art. 20.01.)
Art. 20A.102. PERSONS WHO MAY BE PRESENT IN GRAND JURY ROOM.
(a) While the grand jury is conducting proceedings, only the
following persons may be present in the grand jury room:
(1) a grand juror;
(2) a bailiff;
(3) the attorney representing the state;
(4) a witness:
(A) while the witness is being examined; or
(B) when the witness's presence is necessary to
assist the attorney representing the state in examining another
witness or presenting evidence to the grand jury;
(5) an interpreter, if necessary;
(6) a stenographer or a person operating an electronic
recording device, as provided by Article 20A.201; and
(7) a person operating a video teleconferencing system
for use under Article 20A.259.
(b) While the grand jury is deliberating, only a grand juror
may be present in the grand jury room. (Code Crim. Proc., Art.
20.011.)
Art. 20A.103. ATTORNEY REPRESENTING STATE ENTITLED TO
APPEAR. The attorney representing the state is entitled to appear
before the grand jury and inform the grand jury of offenses subject
to indictment at any time except when the grand jury is discussing
the propriety of finding an indictment or is voting on an
indictment. (Code Crim. Proc., Art. 20.03 (part).)
Art. 20A.104. PERSONS WHO MAY ADDRESS GRAND JURY. No person
may address the grand jury about a matter before the grand jury
other than the attorney representing the state, a witness, or the
accused or suspected person or the attorney for the accused or
suspected person if approved by the attorney representing the
state. (Code Crim. Proc., Art. 20.04 (part).)
SUBCHAPTER D. ADVICE TO GRAND JURY
Art. 20A.151. ADVICE FROM ATTORNEY REPRESENTING STATE. The
grand jury may send for the attorney representing the state and ask
the attorney's advice on any matter of law or on any question
regarding the discharge of the grand jury's duties. (Code Crim.
Proc., Art. 20.05.)
Art. 20A.152. ADVICE FROM COURT. (a) The grand jury may
seek and receive advice from the court regarding any matter before
the grand jury. For that purpose, the grand jury shall go into
court in a body.
(b) The grand jury shall ensure that the manner in which the
grand jury's questions are asked does not divulge the particular
accusation pending before the grand jury.
(c) The grand jury may submit questions to the court in
writing. The court may respond to those questions in writing. (Code
Crim. Proc., Art. 20.06.)
SUBCHAPTER E. RECORDING AND DISCLOSURE OF GRAND JURY PROCEEDINGS
Art. 20A.201. RECORDING OF ACCUSED OR SUSPECTED PERSON'S
TESTIMONY; RETENTION OF RECORDS. (a) The examination of an accused
or suspected person before the grand jury and that person's
testimony shall be recorded by a stenographer or by use of an
electronic device capable of recording sound.
(b) The validity of a grand jury proceeding is not affected
by an unintentional failure to record all or part of the examination
or testimony under Subsection (a).
(c) The attorney representing the state shall maintain
possession of all records other than stenographer's notes made
under Subsection (a) and any typewritten transcription of those
records, except as otherwise provided by this subchapter. (Code
Crim. Proc., Art. 20.012.)
Art. 20A.202. PROCEEDINGS SECRET. (a) Grand jury
proceedings are secret.
(b) A subpoena or summons relating to a grand jury
proceeding or investigation must be kept secret to the extent and
for as long as necessary to prevent the unauthorized disclosure of a
matter before the grand jury. This subsection may not be construed
to limit a disclosure permitted by Article 20A.204(b), (c), or (d)
or 20A.205(a) or (b). (Code Crim. Proc., Arts. 20.02(a), (h).)
Art. 20A.203. DISCLOSURE BY PERSON IN PROCEEDING
PROHIBITED. (a) A grand juror, bailiff, interpreter, stenographer
or person operating an electronic recording device, person
preparing a typewritten transcription of a stenographic or
electronic recording, or person operating a video teleconferencing
system for use under Article 20A.259 who discloses anything
transpiring before the grand jury in the course of the grand jury's
official duties, regardless of whether the thing transpiring is
recorded, may be punished by a fine not to exceed $500, as for
contempt of court, by a term of confinement not to exceed 30 days,
or both.
(b) A witness who reveals any matter about which the witness
is examined or that the witness observes during a grand jury
proceeding, other than when the witness is required to give
evidence on that matter in due course, may be punished by a fine not
to exceed $500, as for contempt of court, and by a term of
confinement not to exceed six months. (Code Crim. Proc., Arts.
20.02(b), 20.16(b).)
Art. 20A.204. DISCLOSURE BY ATTORNEY REPRESENTING STATE.
(a) The attorney representing the state may not disclose anything
transpiring before the grand jury except as permitted by this
article or Article 20A.205(a) or (b).
(b) In performing the attorney's duties, the attorney
representing the state may disclose or permit a disclosure of a
record made under Article 20A.201 or a typewritten transcription of
that record, or may make or permit a disclosure otherwise
prohibited by Article 20A.203, to a grand juror serving on the grand
jury before which the record was made, another grand jury, a law
enforcement agency, or a prosecuting attorney, as the attorney
representing the state determines is necessary to assist the
attorney in the performance of the attorney's duties.
(c) The attorney representing the state shall warn any
person authorized to receive information under Subsection (b) of
the person's duty to maintain the secrecy of the information.
(d) A person who receives information under Subsection (b)
and discloses that information for purposes other than those
permitted by that subsection may be punished for contempt in the
same manner as a person who violates Article 20A.203(a). (Code
Crim. Proc., Arts. 20.02(c), (g).)
Art. 20A.205. PETITION FOR DISCLOSURE BY DEFENDANT. (a)
The defendant may petition a court to order the disclosure of
information made secret by Article 20A.202, 20A.203(a), or 20A.204,
including a recording or typewritten transcription under Article
20A.201, as a matter preliminary to or in connection with a judicial
proceeding. The court may order disclosure of the information if
the defendant shows a particularized need.
(b) A petition for disclosure under Subsection (a) must be
filed in the district court in which the case is pending. The
defendant must also file a copy of the petition with the attorney
representing the state, the parties to the judicial proceeding, and
any other person the court requires. Each person who receives a
copy of the petition under this subsection is entitled to appear
before the court. The court shall provide interested parties with
an opportunity to appear and present arguments for or against the
requested disclosure.
(c) A person who receives information under this article and
discloses that information may be punished for contempt in the same
manner as a person who violates Article 20A.203(a). (Code
Crim. Proc., Arts. 20.02(d), (e), (f).)
SUBCHAPTER F. WITNESSES
Art. 20A.251. IN-COUNTY WITNESS. (a) In term time or
vacation, the foreperson or the attorney representing the state may
issue a summons or attachment for any witness in the county in which
the grand jury sits.
(b) A summons or attachment issued under Subsection (a) may
require the witness to appear before the grand jury at a specified
time, or immediately, without stating the matter under
investigation. (Code Crim. Proc., Art. 20.10.)
Art. 20A.252. OUT-OF-COUNTY WITNESS. (a) The foreperson
or the attorney representing the state may cause a subpoena or
attachment for a witness to be issued to any county in the state by
submitting a written application to the district court stating the
name and residence of the witness and that the witness's testimony
is believed to be material.
(b) A subpoena or attachment issued under this article:
(1) is returnable to the grand jury in session or to
the next grand jury for the county in which the subpoena or
attachment was issued, as determined by the applicant; and
(2) shall be served and returned in the manner
prescribed by Chapter 24.
(c) A subpoena issued under this article may require the
witness to appear and produce records and documents.
(d) A witness subpoenaed under this article shall be
compensated as provided by this code.
(e) An attachment issued under this article must command the
sheriff or any constable of the county in which the witness resides
to serve the witness and to bring the witness before the grand jury
at a time and place specified in the attachment.
(f) The attorney representing the state may cause an
attachment to be issued under this article in term time or vacation.
(Code Crim. Proc., Arts. 20.11, 20.12.)
Art. 20A.253. EXECUTION OF PROCESS. (a) A bailiff or other
officer who receives process to be served from the grand jury shall
immediately execute the process and return the process to:
(1) the foreperson, if the grand jury is in session; or
(2) the district clerk, if the grand jury is not in
session.
(b) If the process is returned unexecuted, the return must
state why the process was not executed. (Code Crim. Proc.,
Art. 20.13.)
Art. 20A.254. EVASION OF PROCESS. If the court determines
that a witness for whom an attachment has been issued to appear
before the grand jury is in any manner wilfully evading the service
of the summons or attachment, the court may fine the witness, as for
contempt, in an amount not to exceed $500. (Code Crim. Proc.,
Art. 20.14.)
Art. 20A.255. WITNESS REFUSAL TO TESTIFY. (a) If a witness
brought in any manner before a grand jury refuses to testify, the
witness's refusal shall be communicated to the attorney
representing the state or to the court.
(b) The court may compel a witness described by Subsection
(a) to answer a proper question by imposing a fine not to exceed
$500 and by committing the witness to jail until the witness is
willing to testify. (Code Crim. Proc., Art. 20.15.)
Art. 20A.256. WITNESS OATH. Before each witness is
examined, the foreperson or a person under the foreperson's
direction shall administer the following oath to the witness: "You
solemnly swear that you will not reveal, by your words or conduct,
and will keep secret any matter about which you may be examined or
that you have observed during the proceedings of the grand jury, and
that you will answer truthfully the questions asked of you by the
grand jury, or under its direction, so help you God." (Code Crim.
Proc., Art. 20.16(a).)
Art. 20A.257. EXAMINATION OF WITNESSES. (a) Only a grand
juror or the attorney representing the state may examine a witness
before the grand jury.
(b) The attorney representing the state shall advise the
grand jury regarding the proper mode of examining a witness.
(c) If a felony has been committed in any county in the grand
jury's jurisdiction, and the name of the offender is known or
unknown or if it is uncertain when or how the felony was committed,
the grand jury shall first state the subject matter under
investigation to a witness called before the grand jury and may then
ask questions relevant to the transaction in general terms and in a
manner that enables a determination as to whether the witness has
knowledge of the violation of any particular law by any person, and
if so, by what person. (Code Crim. Proc., Arts. 20.04 (part),
20.18.)
Art. 20A.258. EXAMINATION OF ACCUSED OR SUSPECTED PERSON.
(a) Before the examination of an accused or suspected person who is
subpoenaed to appear before the grand jury, the person shall be:
(1) provided the warnings described by Subsection (b)
orally and in writing; and
(2) given a reasonable opportunity to:
(A) retain counsel or apply to the court for an
appointed attorney; and
(B) consult with counsel before appearing before
the grand jury.
(b) The warnings required under Subsection (a)(1) must
consist of the following:
"Your testimony before this grand jury is under oath. Any
material question that is answered falsely before this grand jury
subjects you to being prosecuted for aggravated perjury. You have
the right to refuse to make answers to any question, the answer to
which would incriminate you in any manner. You have the right to
have a lawyer present outside this chamber to advise you before
making answers to questions you feel might incriminate you. Any
testimony you give may be used against you at any subsequent
proceeding. If you are unable to employ a lawyer, you have the
right to have a lawyer appointed to advise you before making an
answer to a question, the answer to which you feel might incriminate
you."
(c) In examining an accused or suspected person, the grand
jury shall:
(1) first state:
(A) the offense of which the person is accused or
suspected;
(B) the county in which the offense is alleged to
have been committed; and
(C) as closely as possible, the time the offense
was committed; and
(2) direct the examination to the offense under
investigation. (Code Crim. Proc., Art. 20.17.)
Art. 20A.259. PEACE OFFICER TESTIMONY BY VIDEO
TELECONFERENCING. (a) With the consent of the foreperson and the
attorney representing the state, a peace officer summoned to
testify before the grand jury may testify through the use of a
closed circuit video teleconferencing system that provides a
simultaneous, encrypted, compressed full motion video and
interactive communication of image and sound between the officer,
the grand jury, and the attorney representing the state.
(b) In addition to being administered the oath required
under Article 20A.256, before being examined, a peace officer
testifying through the use of a closed circuit video
teleconferencing system under this article shall affirm that the
officer's testimony:
(1) cannot be heard by any person other than a person
in the grand jury room; and
(2) is not being recorded or otherwise preserved by
any person at the location from which the officer is testifying.
(c) Testimony received from a peace officer under this
article shall be recorded in the same manner as other testimony
taken before the grand jury and shall be preserved. (Code Crim.
Proc., Art. 20.151.)
SUBCHAPTER G. INDICTMENT
Art. 20A.301. VOTING ON INDICTMENT. After all the
testimony accessible to the grand jury has been given with respect
to any criminal accusation, the grand jury shall vote on the
presentment of an indictment. If at least nine grand jurors concur
in finding the bill, the foreperson shall make a memorandum of the
vote with any information enabling the attorney representing the
state to prepare the indictment. (Code Crim. Proc., Art. 20.19.)
Art. 20A.302. PREPARATION OF INDICTMENT. (a) The attorney
representing the state shall prepare, with as little delay as
possible, each indictment found by the grand jury and shall deliver
the indictment to the foreperson. The attorney shall endorse on the
indictment the name of each witness on whose testimony the
indictment was found.
(b) The foreperson shall officially sign each indictment
prepared and delivered under Subsection (a). (Code Crim. Proc.,
Art. 20.20.)
Art. 20A.303. PRESENTMENT OF INDICTMENT. When an
indictment is ready to be presented, the grand jury shall, through
the foreperson, deliver the indictment to the judge or court clerk.
At least nine grand jurors must be present to deliver the
indictment. (Code Crim. Proc., Art. 20.21.)
Art. 20A.304. PRESENTMENT OF INDICTMENT ENTERED IN RECORD.
(a) If the defendant is in custody or under bond at the time the
indictment is presented, the fact of the presentment shall be
entered in the court's record, noting briefly the style of the
criminal action, the file number of the indictment, and the
defendant's name.
(b) If the defendant is not in custody or under bond at the
time the indictment is presented, the indictment may not be made
public and the entry in the court's record relating to the
indictment must be delayed until the capias is served and the
defendant is placed in custody or under bond. (Code Crim. Proc.,
Art. 20.22.)
SECTION 1.05. Title 1, Code of Criminal Procedure, is amended by adding Chapter 56A to read as follows:
CHAPTER 56A. RIGHTS OF CRIME VICTIMS
SUBCHAPTER A. GENERAL PROVISIONS
Art. 56A.001. DEFINITIONS
SUBCHAPTER B. CRIME VICTIMS' RIGHTS
Art. 56A.051. GENERAL RIGHTS
Art. 56A.052. ADDITIONAL RIGHTS OF VICTIMS OF SEXUAL
ASSAULT, STALKING, OR TRAFFICKING
Art. 56A.053. FAILURE TO PROVIDE RIGHT OR SERVICE
Art. 56A.054. STANDING
SUBCHAPTER C. ADDITIONAL PROTECTIONS FOR VICTIMS AND WITNESSES
Art. 56A.101. VICTIM PRIVACY
Art. 56A.102. VICTIM OR WITNESS DISCOVERY ATTENDANCE
SUBCHAPTER D. VICTIM IMPACT STATEMENT
Art. 56A.151. VICTIM IMPACT STATEMENT; INFORMATION
BOOKLET
Art. 56A.152. RECOMMENDATIONS TO ENSURE SUBMISSION OF
STATEMENT
Art. 56A.153. NOTIFICATION TO COURT REGARDING RELEASE
OF DEFENDANT WITH ACCESS TO CHILD
VICTIM
Art. 56A.154. CHANGE OF ADDRESS
Art. 56A.155. DISCOVERY OF STATEMENT
Art. 56A.156. INSPECTION OF STATEMENT BY COURT;
DISCLOSURE OF CONTENTS
Art. 56A.157. CONSIDERATION OF STATEMENT BY COURT
Art. 56A.158. DEFENDANT RESPONSE TO STATEMENT
Art. 56A.159. TRANSFER OF STATEMENT AFTER SENTENCING
Art. 56A.160. SURVEY PLAN REGARDING STATEMENTS
SUBCHAPTER E. VICTIM ASSISTANCE COORDINATOR; CRIME VICTIM LIAISON
Art. 56A.201. DESIGNATION OF VICTIM ASSISTANCE
COORDINATOR
Art. 56A.202. DUTIES OF VICTIM ASSISTANCE COORDINATOR
Art. 56A.203. DESIGNATION OF CRIME VICTIM LIAISON
Art. 56A.204. DUTIES OF CRIME VICTIM LIAISON
Art. 56A.205. PSYCHOLOGICAL COUNSELING FOR CERTAIN
JURORS
SUBCHAPTER F. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT
VICTIM REPORTING ASSAULT
Art. 56A.251. REQUEST FOR FORENSIC MEDICAL EXAMINATION
Art. 56A.252. PAYMENT OF COSTS OF EXAMINATION
Art. 56A.253. PAYMENT OF COSTS RELATED TO TESTIMONY
Art. 56A.254. PAYMENT OF COSTS FOR CERTAIN MEDICAL
CARE
Art. 56A.255. PAYMENT OF COSTS OF TREATMENT NOT
REQUIRED
SUBCHAPTER G. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT
VICTIM NOT REPORTING ASSAULT
Art. 56A.301. DEFINITIONS
Art. 56A.302. APPLICABILITY
Art. 56A.303. FORENSIC MEDICAL EXAMINATION
Art. 56A.304. PAYMENT OF FEES RELATED TO EXAMINATION
Art. 56A.305. PAYMENT OF COSTS FOR CERTAIN MEDICAL
CARE
Art. 56A.306. PROCEDURES FOR TRANSFER AND PRESERVATION
OF EVIDENCE
Art. 56A.307. PROCEDURES FOR SUBMISSION OR COLLECTION
OF ADDITIONAL EVIDENCE
Art. 56A.308. CONFIDENTIALITY OF CERTAIN RECORDS
Art. 56A.309. RULES
SUBCHAPTER H. PRESENCE OF ADVOCATE OR REPRESENTATIVE DURING
FORENSIC MEDICAL EXAMINATION
Art. 56A.351. PRESENCE OF SEXUAL ASSAULT PROGRAM
ADVOCATE
Art. 56A.352. REPRESENTATIVE PROVIDED BY PENAL
INSTITUTION
SUBCHAPTER I. REQUIRED NOTIFICATIONS BY LAW ENFORCEMENT AGENCY
Art. 56A.401. NOTIFICATION OF RIGHTS
Art. 56A.402. REFERRAL TO SEXUAL ASSAULT PROGRAM
SUBCHAPTER J. REQUIRED NOTIFICATIONS BY ATTORNEY REPRESENTING THE
STATE
Art. 56A.451. NOTIFICATION OF RIGHTS
Art. 56A.452. NOTIFICATION OF SCHEDULED COURT
PROCEEDINGS
Art. 56A.453. NOTIFICATION OF PLEA BARGAIN AGREEMENT
Art. 56A.454. VICTIM CONTACT INFORMATION
SUBCHAPTER K. NOTIFICATION BY CERTAIN ENTITIES OF RELEASE OR
ESCAPE
Art. 56A.501. DEFINITIONS
Art. 56A.502. APPLICABILITY
Art. 56A.503. NOTIFICATION OF RELEASE OR ESCAPE
Art. 56A.504. NOTIFICATION REGARDING DEFENDANT SUBJECT
TO ELECTRONIC MONITORING
Art. 56A.505. NOTIFICATION OF RIGHT TO NOTICE
Art. 56A.506. VICTIM OR WITNESS CONTACT INFORMATION;
CONFIDENTIALITY
Art. 56A.507. TIME FOR NOTICE
SUBCHAPTER L. NOTIFICATION BY DEPARTMENT OF ESCAPE OR TRANSFER
Art. 56A.551. DEFINITION
Art. 56A.552. NOTIFICATION OF VICTIM
Art. 56A.553. NOTIFICATION OF WITNESS
Art. 56A.554. REQUEST FOR NOTIFICATION; CHANGE OF
ADDRESS
Art. 56A.555. NOTICE OF TRANSFER FROM OR RETURN TO
CUSTODY
SUBCHAPTER M. OTHER POWERS AND DUTIES OF DEPARTMENT AND
CLEARINGHOUSE
Art. 56A.601. DATABASE FOR DEFENDANT RELEASE
INFORMATION
Art. 56A.602. VICTIM-OFFENDER MEDIATION
Art. 56A.603. CLEARINGHOUSE ANNUAL CONFERENCE
Art. 56A.604. CRIME VICTIM ASSISTANCE STANDARDS
CHAPTER 56A. RIGHTS OF CRIME VICTIMS
SUBCHAPTER A. GENERAL PROVISIONS
Art. 56A.001. DEFINITIONS. Except as otherwise provided by
this chapter, in this chapter:
(1) "Board" means the Board of Pardons and Paroles.
(2) "Clearinghouse" means the Texas Crime Victim
Clearinghouse.
(3) "Close relative of a deceased victim" means a
person who:
(A) was the spouse of a deceased victim at the
time of the victim's death; or
(B) is a parent or adult brother, sister, or
child of a deceased victim.
(4) "Department" means the Texas Department of
Criminal Justice.
(5) "Guardian of a victim" means a person who is the
legal guardian of the victim, regardless of whether the legal
relationship between the guardian and victim exists because of the
age of the victim or the physical or mental incompetency of the
victim.
(6) "Sexual assault" means an offense under the
following provisions of the Penal Code:
(A) Section 21.02;
(B) Section 21.11(a)(1);
(C) Section 22.011; or
(D) Section 22.021.
(7) "Victim" means a person who:
(A) is the victim of the offense of:
(i) sexual assault;
(ii) kidnapping;
(iii) aggravated robbery;
(iv) trafficking of persons; or
(v) injury to a child, elderly individual,
or disabled individual; or
(B) has suffered personal injury or death as a
result of the criminal conduct of another. (Code Crim. Proc., Art.
56.01; New.)
SUBCHAPTER B. CRIME VICTIMS' RIGHTS
Art. 56A.051. GENERAL RIGHTS. (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 a law enforcement agency
adequate protection from harm and threats of harm arising from
cooperation with prosecution efforts;
(2) the right to have the magistrate consider the
safety of the victim or the victim's family in setting the amount of
bail for the defendant;
(3) if requested, the right 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 before the event; and
(B) by an appellate court of the court's
decisions, after the decisions are entered but before the decisions
are made public;
(4) when requested, the right to be informed:
(A) by a peace officer concerning the defendant's
right to bail and the procedures in criminal investigations; and
(B) by the office of the attorney representing
the state 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
community supervision and corrections department conducting a
presentencing investigation concerning the impact of the offense on
the victim and the victim's family by testimony, written statement,
or any other manner before any sentencing of the defendant;
(6) the right to receive information regarding
compensation to victims of crime as provided by Chapter 56B,
including information related to the costs that may be compensated
under that chapter and the amount of compensation, eligibility for
compensation, and procedures for application for compensation
under that chapter, the payment for a forensic medical examination
under Article 56A.252 for a victim of an alleged sexual assault, and
when requested, to referral to available social service agencies
that may offer additional assistance;
(7) the right to:
(A) be informed, on request, of parole
procedures;
(B) participate in the parole process;
(C) provide to the board for inclusion in the
defendant's file information to be considered by the board before
the parole of any defendant convicted of any offense subject to this
chapter; and
(D) be notified, if requested, of parole
proceedings concerning a defendant in the victim's case and of the
defendant's release;
(8) the right to be provided with a waiting area,
separate or secure from other witnesses, including the defendant
and relatives of the defendant, before testifying in any proceeding
concerning the defendant; if a separate waiting area is not
available, other safeguards should be taken to minimize the
victim's contact with the defendant and the defendant's relatives
and witnesses, before and during court proceedings;
(9) the right to the prompt return of any of the
victim's property that is held by a law enforcement agency or the
attorney representing the state as evidence when the property is no
longer required for that purpose;
(10) the right to have the attorney representing the
state notify the victim's employer, if requested, that the victim's
cooperation and testimony is necessary in a proceeding that may
require the victim to be absent from work for good cause;
(11) the right to request victim-offender mediation
coordinated by the victim services division of the department;
(12) the right to be informed of the uses of a victim
impact statement and the statement's purpose in the criminal
justice system as described by Subchapter D, 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 before a defendant is released
on parole;
(13) 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 the defendant's attorney, the court
shall state on the record the reason for granting or denying the
continuance; and
(14) if the offense is a capital felony, the right to:
(A) receive by mail from the court a written
explanation of defense-initiated victim outreach if the court has
authorized expenditures for a defense-initiated victim outreach
specialist;
(B) not be contacted by the victim outreach
specialist unless the victim, guardian, or relative has consented
to the contact by providing a written notice to the court; and
(C) designate a victim service provider to
receive all communications from a victim outreach specialist acting
on behalf of any person.
(b) A victim, guardian of a victim, or close relative of a
deceased victim is entitled to the right to be present at all public
court proceedings related to the offense, subject to the approval
of the judge in the case.
(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 provided the
rights granted by this subchapter and, on request, an explanation
of those rights. (Code Crim. Proc., Arts. 56.02(a), (b), (c).)
Art. 56A.052. ADDITIONAL RIGHTS OF VICTIMS OF SEXUAL
ASSAULT, STALKING, OR TRAFFICKING. (a) If the offense is a sexual
assault, 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) if requested, the right to a disclosure of
information regarding:
(A) any evidence that was collected during the
investigation of the offense, unless disclosing the information
would interfere with the investigation or prosecution 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; and
(B) the status of any analysis being performed of
any evidence described by Paragraph (A);
(2) 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 or prosecution 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;
(3) if requested, the right to counseling regarding
acquired immune deficiency syndrome (AIDS) and human
immunodeficiency virus (HIV) infection; and
(4) for the victim, the right to:
(A) 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
(B) a forensic medical examination to the extent
provided by Subchapters F and G if, within 96 hours of the offense:
(i) the offense is reported to a law
enforcement agency; or
(ii) a forensic medical examination is
otherwise conducted at a health care facility.
(b) A victim, guardian of a victim, or close relative of a
deceased victim who requests to be notified under Subsection (a)(2)
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 of a victim, or close relative of a
deceased victim may designate a person, including an entity that
provides services to victims of sexual assault, to receive any
notice requested under Subsection (a)(2).
(d) This subsection applies only to a victim of an offense
under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, 42.072,
or 43.05, Penal Code. A victim described by this subsection or a
parent or guardian of the victim is entitled to the following rights
within the criminal justice system:
(1) the right to be informed:
(A) that the victim or the victim's parent or
guardian, as applicable, may file an application for a protective
order under Article 7B.001;
(B) of the court in which the application for a
protective order may be filed; and
(C) that, on request of the victim or of the
victim's parent or guardian, as applicable, and subject to the
Texas Disciplinary Rules of Professional Conduct, the attorney
representing the state may file the application for a protective
order on behalf of the victim;
(2) the right to request that the attorney
representing the state, subject to the Texas Disciplinary Rules of
Professional Conduct, file an application for a protective order
described by Subdivision (1);
(3) if the victim or the victim's parent or guardian,
as applicable, is present when the defendant is convicted or placed
on deferred adjudication community supervision, the right to:
(A) be given by the court the information
described by Subdivision (1); and
(B) file an application for a protective order
under Article 7B.001 immediately following the defendant's
conviction or placement on deferred adjudication community
supervision if the court has jurisdiction over the application; and
(4) if the victim or the victim's parent or guardian,
as applicable, is not present when the defendant is convicted or
placed on deferred adjudication community supervision, the right to
be given by the attorney representing the state the information
described by Subdivision (1). (Code Crim. Proc., Art. 56.021.)
Art. 56A.053. FAILURE TO PROVIDE RIGHT OR SERVICE. (a) A
judge, attorney representing the state, peace officer, or law
enforcement agency is not liable for a failure or inability to
provide a right granted by this subchapter.
(b) The failure or inability of any person to provide a
right or service granted by this subchapter 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. (Code Crim. Proc., Art. 56.02(d) (part).)
Art. 56A.054. STANDING. A victim, guardian of a victim, or
close relative of a deceased victim does not have standing to:
(1) participate as a party in a criminal proceeding;
or
(2) contest the disposition of any charge. (Code
Crim. Proc., Art. 56.02(d) (part).)
SUBCHAPTER C. ADDITIONAL PROTECTIONS FOR VICTIMS AND WITNESSES
Art. 56A.101. VICTIM PRIVACY. (a) As far as reasonably
practical, the address of the victim may not be a part of the court
file except as necessary to identify the place of the offense.
(b) The phone number of the victim may not be a part of the
court file. (Code Crim. Proc., Art. 56.09.)
Art. 56A.102. VICTIM OR WITNESS DISCOVERY ATTENDANCE.
Unless absolutely necessary, a victim or witness who is not
confined may not be required to attend a deposition in a
correctional facility. (Code Crim. Proc., Art. 56.10.)
SUBCHAPTER D. VICTIM IMPACT STATEMENT
Art. 56A.151. VICTIM IMPACT STATEMENT; INFORMATION
BOOKLET. (a) The clearinghouse, with the participation of the
board and the community justice assistance division of the
department, shall develop a form to be used by law enforcement
agencies, attorneys representing the state, and other participants
in the criminal justice system to record the impact of an offense on
a victim of the offense, guardian of a victim, or close relative of
a deceased victim and to provide the agencies, attorneys, and
participants with information needed to contact the victim,
guardian, or relative if needed at any stage of a prosecution of a
person charged with the offense. The clearinghouse, with the
participation of the board and the community justice assistance
division of the department, shall also develop a victims'
information booklet that provides a general explanation of the
criminal justice system to victims of an offense, guardians of
victims, and relatives of deceased victims.
(b) The victim impact statement must be in a form designed
to:
(1) inform a victim, guardian of a victim, or close
relative of a deceased victim with a clear statement of rights
granted by Subchapter B; and
(2) collect the following information:
(A) 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;
(B) the address and telephone number of the
victim, guardian, or relative through which the victim, guardian,
or relative may be contacted;
(C) a statement of economic loss suffered by the
victim, guardian, or relative as a result of the offense;
(D) 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, or relative or by
a physician or counselor;
(E) a statement of any psychological services
requested as a result of the offense;
(F) 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;
(G) a statement regarding whether the victim,
guardian, or relative wants to be notified of any parole hearing for
the defendant;
(H) if the victim is a child, whether there is an
existing court order granting to the defendant possession of or
access to the victim; and
(I) any other information related to the impact
of the offense on the victim, guardian, or relative, other than
facts related to the commission of the offense.
(c) The victim impact statement must include an explanation
regarding the procedures by which a victim, guardian of a victim, or
close relative of a deceased victim may obtain information
concerning the release of the defendant from the department.
(d) Not later than December 1 of each odd-numbered year, the
clearinghouse, with the participation of the board and the
community justice assistance division of the department, shall
update the victim impact statement form and any other information
provided by the community justice assistance division to victims,
guardians of victims, and relatives of deceased victims, if
necessary, to reflect changes in law relating to criminal justice
and the rights of victims and guardians and relatives of victims.
(Code Crim. Proc., Arts. 56.03(a), (b), (h), (i) (part).)
Art. 56A.152. RECOMMENDATIONS TO ENSURE SUBMISSION OF
STATEMENT. The victim services division of the department, in
consultation with the board, law enforcement agencies, offices of
attorneys representing the state, and other participants in the
criminal justice system, shall develop recommendations to ensure
that completed victim impact statements are submitted to the
department as provided by Article 56A.159(b). (Code Crim. Proc.,
Art. 56.04(d-1).)
Art. 56A.153. NOTIFICATION TO COURT REGARDING RELEASE OF
DEFENDANT WITH ACCESS TO CHILD VICTIM. If information collected
under Article 56A.151(b)(2)(H) indicates the defendant is granted
possession of or access to a child victim under court order and the
department subsequently imprisons the defendant as a result of the
defendant's commission of the offense, the victim services division
of the department shall contact the court that issued the order
before the department releases the defendant on parole or to
mandatory supervision. (Code Crim. Proc., Art. 56.03(i) (part).)
Art. 56A.154. CHANGE OF ADDRESS. If a victim, guardian of a
victim, or close relative of a deceased victim states on a victim
impact statement that the victim, guardian, or relative wants to be
notified of parole proceedings, the victim, guardian, or relative
must notify the board of any change of address. (Code Crim. Proc.,
Art. 56.03(d).)
Art. 56A.155. DISCOVERY OF STATEMENT. A victim impact
statement is subject to discovery under Article 39.14 before the
testimony of the victim is taken only if the court determines that
the statement contains exculpatory material. (Code Crim. Proc.,
Art. 56.03(g).)
Art. 56A.156. INSPECTION OF STATEMENT BY COURT; DISCLOSURE
OF CONTENTS. The court may not inspect a victim impact statement
until after a finding of guilt or until deferred adjudication
community supervision 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 authorizes the court in writing to
inspect the statement. (Code Crim. Proc., Art. 56.03(f).)
Art. 56A.157. CONSIDERATION OF STATEMENT BY COURT. (a)
Before imposing a sentence, a court shall, as applicable, inquire
as to whether a victim impact statement has been returned to the
attorney representing the state and, if a statement has been
returned to the attorney, consider the information provided in the
statement.
(b) On inquiry by the sentencing court, the attorney
representing the state shall make a copy of the statement available
for consideration by the court. (Code Crim. Proc., Arts. 56.03(e)
(part), 56.04(e) (part).)
Art. 56A.158. DEFENDANT RESPONSE TO STATEMENT. Before
sentencing a defendant, a court shall permit the defendant or the
defendant's attorney a reasonable period to:
(1) read the victim impact statement, excluding the
victim's name, address, and telephone number;
(2) comment on the statement; and
(3) with the approval of the court, introduce
testimony or other information alleging a factual inaccuracy in the
statement. (Code Crim. Proc., Art. 56.03(e) (part).)
Art. 56A.159. TRANSFER OF STATEMENT AFTER SENTENCING. (a)
If a court sentences a defendant to a period of community
supervision, the attorney representing the state shall forward any
victim impact statement received in the case to the community
supervision and corrections department supervising the defendant.
(b) If a court sentences a defendant to imprisonment in the
department, the court shall attach to the commitment papers the
copy of the victim impact statement provided to the court under
Article 56A.157(b). (Code Crim. Proc., Arts. 56.03(e) (part),
56.04(e) (part).)
Art. 56A.160. SURVEY PLAN REGARDING STATEMENTS. (a) In
this article, "planning body" means the board, the clearinghouse,
and the community justice assistance division of the department.
(b) The planning body shall develop a survey plan to
maintain statistics on the numbers and types of persons to whom
state and local agencies provide victim impact statements during
each year.
(c) At intervals specified in the survey plan, the planning
body may require any state or local agency to submit the following,
in a form prescribed for the reporting of the information:
(1) statistical data on the numbers and types of
persons to whom the agency provides victim impact statements; and
(2) any other information required by the planning
body.
(d) The form described by Subsection (c) must be designed
to:
(1) protect the privacy of persons provided rights
under Subchapter B; and
(2) determine whether the selected agency is making a
good faith effort to protect the rights of the persons served.
(Code Crim. Proc., Arts. 56.05(a), (b).)
SUBCHAPTER E. VICTIM ASSISTANCE COORDINATOR; CRIME VICTIM LIAISON
Art. 56A.201. DESIGNATION OF VICTIM ASSISTANCE
COORDINATOR. The district attorney, criminal district attorney, or
county attorney who prosecutes criminal cases shall designate a
person to serve as victim assistance coordinator in that
jurisdiction. (Code Crim. Proc., Art. 56.04(a).)
Art. 56A.202. DUTIES OF VICTIM ASSISTANCE COORDINATOR. (a)
The victim assistance coordinator designated under Article 56A.201
shall:
(1) ensure that a victim, guardian of a victim, or
close relative of a deceased victim is provided the rights granted
to victims, guardians, or relatives by Subchapter B; and
(2) work closely with appropriate law enforcement
agencies, attorneys representing the state, the board, and the
judiciary in carrying out the duty described by Subdivision (1).
(b) The victim assistance coordinator shall send to a
victim, guardian of a victim, or close relative of a deceased victim
a victim impact statement and victims' information booklet
described by Article 56A.151 and an application for compensation
under Chapter 56B. The victim assistance coordinator shall include
an offer to assist in completing the statement and application on
request.
(c) The victim assistance coordinator, on request, shall
explain the possible use and consideration of the victim impact
statement at any sentencing or parole hearing of the defendant.
(Code Crim. Proc., Arts. 56.03(c), 56.04(b).)
Art. 56A.203. DESIGNATION OF CRIME VICTIM LIAISON. Each
local law enforcement agency shall designate one person to serve as
the agency's crime victim liaison. (Code Crim. Proc., Art.
56.04(c) (part).)
Art. 56A.204. DUTIES OF CRIME VICTIM LIAISON. (a) The
crime victim liaison designated under Article 56A.203 shall ensure
that a victim, guardian of a victim, or close relative of a deceased
victim is provided the rights granted to victims, guardians, or
relatives by Articles 56A.051(a)(4), (6), and (9).
(b) Each local law enforcement agency shall consult with the
victim assistance coordinator in the office of the attorney
representing the state to determine the most effective manner in
which the crime victim liaison can perform the duties imposed on the
crime victim liaison under this article and, if applicable, Article
56A.205. (Code Crim. Proc., Arts. 56.04(c) (part), (d).)
Art. 56A.205. PSYCHOLOGICAL COUNSELING FOR CERTAIN JURORS.
(a) A commissioners court may approve a program in which a crime
victim liaison or victim assistance coordinator may offer not more
than 10 hours of post-investigation or posttrial psychological
counseling for a person who:
(1) serves as a grand juror, alternate grand juror,
juror, or alternate juror in a grand jury investigation or criminal
trial involving graphic evidence or testimony; and
(2) requests the counseling not later than the 180th
day after the date on which the grand jury or jury is dismissed.
(b) The crime victim liaison or victim assistance
coordinator may provide the counseling using a provider that
assists local criminal justice agencies in providing similar
services to victims. (Code Crim. Proc., Art. 56.04(f).)
SUBCHAPTER F. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT
VICTIM REPORTING ASSAULT
Art. 56A.251. REQUEST FOR FORENSIC MEDICAL EXAMINATION.
(a) Except as provided by Subsection (b), if a sexual assault is
reported to a law enforcement agency within 96 hours after the
assault, the law enforcement agency, with the consent of the victim
of the alleged assault, a person authorized to act on behalf of the
victim, or an employee of the Department of Family and Protective
Services, shall request a forensic medical examination of the
victim for use in the investigation or prosecution of the offense.
(b) A law enforcement agency may decline to request a
forensic medical examination under Subsection (a) only if:
(1) the person reporting the sexual assault has made
one or more false reports of sexual assault to any law enforcement
agency; and
(2) there is no other evidence to corroborate the
current allegations of sexual assault.
(c) If a sexual assault is not reported within the period
described by Subsection (a), on receiving the consent described by
that subsection a law enforcement agency may request a forensic
medical examination of a victim of an alleged sexual assault as
considered appropriate by the agency. (Code Crim. Proc., Arts.
56.06(a), (b).)
Art. 56A.252. PAYMENT OF COSTS OF EXAMINATION. A law
enforcement agency that requests a forensic medical examination
under Article 56A.251 shall pay all costs of the examination. On
application to the attorney general, the law enforcement agency is
entitled to be reimbursed for the reasonable costs of the
examination if the examination was performed by a physician or by a
sexual assault examiner or sexual assault nurse examiner, as
defined by Section 420.003, Government Code. (Code Crim. Proc.,
Art. 56.06(c).)
Art. 56A.253. PAYMENT OF COSTS RELATED TO TESTIMONY. A law
enforcement agency or office of the attorney representing the state
may pay all costs related to the testimony of a licensed health care
professional in a criminal proceeding regarding the results of a
forensic medical examination described by Article 56A.251 or the
manner in which the examination was performed. (Code Crim. Proc.,
Art. 56.06(d).)
Art. 56A.254. PAYMENT OF COSTS FOR CERTAIN MEDICAL CARE.
The attorney general may make a payment to or on behalf of an
individual for the reasonable costs incurred for medical care
provided in accordance with Section 323.004, Health and Safety
Code. (Code Crim. Proc., Art. 56.06(f).)
Art. 56A.255. PAYMENT OF COSTS OF TREATMENT NOT REQUIRED.
This subchapter does not require a law enforcement agency to pay any
costs of treatment for injuries. (Code Crim. Proc., Art. 56.06(e).)
SUBCHAPTER G. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT
VICTIM NOT REPORTING ASSAULT
Art. 56A.301. DEFINITIONS. In this subchapter:
(1) "Crime laboratory" has the meaning assigned by
Article 38.35.
(2) "Department" means the Department of Public Safety
of the State of Texas.
(3) "Sexual assault examiner" and "sexual assault
nurse examiner" have the meanings assigned by Section 420.003,
Government Code. (Code Crim. Proc., Art. 56.065(a).)
Art. 56A.302. APPLICABILITY. This subchapter applies to
the following health care facilities that provide diagnosis or
treatment services to victims of sexual assault:
(1) a general or special hospital licensed under
Chapter 241, Health and Safety Code;
(2) a general or special hospital owned by this state;
(3) an outpatient clinic; and
(4) a private physician's office. (Code Crim. Proc.,
Art. 56.065(b).)
Art. 56A.303. FORENSIC MEDICAL EXAMINATION. (a) In
accordance with Subchapter B, Chapter 420, Government Code, and
except as provided by Subsection (b), a health care facility shall
conduct a forensic medical examination of a victim of an alleged
sexual assault if:
(1) the victim arrives at the facility within 96 hours
after the assault occurred;
(2) the victim consents to the examination; and
(3) at the time of the examination the victim has not
reported the assault to a law enforcement agency.
(b) If a health care facility does not provide diagnosis or
treatment services to victims of sexual assault, the facility shall
refer a victim of an alleged sexual assault who seeks a forensic
medical examination under Subsection (a) to a health care facility
that provides services to those victims.
(c) A victim of an alleged sexual assault may not be
required to participate in the investigation or prosecution of an
offense as a condition of receiving a forensic medical examination
under this article. (Code Crim. Proc., Arts. 56.065(c), (e), (h)
(part).)
Art. 56A.304. PAYMENT OF FEES RELATED TO EXAMINATION. (a)
The department shall pay the appropriate fees, as set by attorney
general rule, for the forensic portion of a forensic medical
examination conducted under Article 56A.303(a) and for the evidence
collection kit if a physician, sexual assault examiner, or sexual
assault nurse examiner conducts the forensic portion of the
examination within 96 hours after the alleged sexual assault
occurred.
(b) The attorney general shall reimburse the department for
fees paid under Subsection (a).
(c) A victim of an alleged sexual assault may not be
required to pay for:
(1) the forensic portion of the forensic medical
examination; or
(2) the evidence collection kit. (Code Crim. Proc.,
Arts. 56.065(d), (h) (part).)
Art. 56A.305. PAYMENT OF COSTS FOR CERTAIN MEDICAL CARE.
The attorney general may make a payment to or on behalf of an
individual for the reasonable costs incurred for medical care
provided in accordance with Section 323.004, Health and Safety
Code. (Code Crim. Proc., Art. 56.065(k).)
Art. 56A.306. PROCEDURES FOR TRANSFER AND PRESERVATION OF
EVIDENCE. (a) The department, consistent with Chapter 420,
Government Code, shall develop procedures for the transfer and
preservation of evidence collected under this subchapter to a crime
laboratory or other suitable location designated by the public
safety director of the department.
(b) An entity receiving the evidence shall preserve the
evidence until the earlier of:
(1) the second anniversary of the date on which the
evidence was collected; or
(2) the date on which written consent to release the
evidence is obtained as provided by Section 420.0735, Government
Code. (Code Crim. Proc., Art. 56.065(g).)
Art. 56A.307. PROCEDURES FOR SUBMISSION OR COLLECTION OF
ADDITIONAL EVIDENCE. The department, consistent with Chapter 420,
Government Code, may develop procedures regarding the submission or
collection of additional evidence of an alleged sexual assault
other than through a forensic medical examination as described by
Article 56A.303(a). (Code Crim. Proc., Art. 56.065(f).)
Art. 56A.308. CONFIDENTIALITY OF CERTAIN RECORDS. (a) In
this article, "identifying information" includes information that:
(1) reveals the identity, personal history, or
background of a person; or
(2) concerns the victimization of a person.
(b) A communication or record is confidential for purposes
of Section 552.101, Government Code, if the communication or
record:
(1) contains identifying information regarding a
victim who receives a forensic medical examination under Article
56A.303(a); and
(2) is created by, provided to, or in the control or
possession of the department. (Code Crim. Proc., Art. 56.065(j).)
Art. 56A.309. RULES. The attorney general and the
department shall each adopt rules as necessary to implement this
subchapter. (Code Crim. Proc., Art. 56.065(i).)
SUBCHAPTER H. PRESENCE OF ADVOCATE OR REPRESENTATIVE DURING
FORENSIC MEDICAL EXAMINATION
Art. 56A.351. PRESENCE OF SEXUAL ASSAULT PROGRAM ADVOCATE.
(a) Before conducting a forensic medical examination of a victim
who consents to the examination for the collection of evidence for
an alleged sexual assault, the physician or other medical services
personnel conducting the examination shall offer the victim the
opportunity to have an advocate from a sexual assault program as
defined by Section 420.003, Government Code, be present with the
victim during the examination, if the advocate is available at the
time of the examination. The advocate must have completed a sexual
assault training program described by Section 420.011(b),
Government Code.
(b) An advocate may only provide the victim with:
(1) counseling and other support services; and
(2) information regarding the rights of crime victims
under Subchapter B.
(c) Notwithstanding Subsection (a), an advocate and a
sexual assault program providing the advocate may not delay or
otherwise impede the screening or stabilization of an emergency
medical condition.
(d) A sexual assault program providing an advocate shall pay
all costs associated with providing the advocate.
(e) Any individual or entity, including a health care
facility, that provides an advocate with access under Subsection
(a) to a victim consenting to a forensic medical examination is not
subject to civil or criminal liability for providing that access.
In this article, "health care facility" includes a hospital
licensed under Chapter 241, Health and Safety Code. (Code Crim.
Proc., Arts. 56.045(a), (b), (c), (d), (e).)
Art. 56A.352. REPRESENTATIVE PROVIDED BY PENAL
INSTITUTION. (a) In this article, "penal institution" has the
meaning assigned by Section 1.07, Penal Code.
(b) If a victim alleging to have sustained injuries as the
victim of a sexual assault was confined in a penal institution at
the time of the alleged assault, the penal institution shall
provide, at the victim's request, a representative to be present
with the victim 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 must:
(1) be approved by the penal institution; and
(2) be a:
(A) psychologist;
(B) sociologist;
(C) chaplain;
(D) social worker;
(E) case manager; or
(F) volunteer who has completed a sexual assault
training program described by Section 420.011(b), Government Code.
(c) A representative may only provide the victim with:
(1) counseling and other support services; and
(2) information regarding the rights of crime victims
under Subchapter B.
(d) A representative may not delay or otherwise impede the
screening or stabilization of an emergency medical condition.
(Code Crim. Proc., Art. 56.045(f).)
SUBCHAPTER I. REQUIRED NOTIFICATIONS BY LAW ENFORCEMENT AGENCY
Art. 56A.401. NOTIFICATION OF RIGHTS. At the initial
contact or at the earliest possible time after the initial contact
between a victim of a reported offense and the law enforcement
agency having the responsibility for investigating the offense, the
agency shall provide the victim a written notice containing:
(1) information about the availability of emergency
and medical services, if applicable;
(2) information about the rights of crime victims
under Subchapter B;
(3) notice that the victim has the right to receive
information regarding compensation to victims of crime as provided
by Chapter 56B, including information about:
(A) the costs that may be compensated under that
chapter and the amount of compensation, eligibility for
compensation, and procedures for application for compensation
under that chapter;
(B) the payment for a forensic medical
examination under Article 56A.252 for a victim of an alleged sexual
assault; and
(C) referral to available social service
agencies that may offer additional assistance;
(4) the name, address, and phone number of the law
enforcement agency's crime victim liaison;
(5) the name, address, and phone number of the victim
assistance coordinator of the office of the attorney representing
the state; and
(6) the following statement:
"You may call the law enforcement agency's telephone number
for the status of the case and information about victims' rights."
(Code Crim. Proc., Art. 56.07(a).)
Art. 56A.402. REFERRAL TO SEXUAL ASSAULT PROGRAM. (a) At
the time a law enforcement agency provides notice under Article
56A.401, the agency shall provide, if the agency possesses the
relevant information:
(1) a referral to a sexual assault program as defined
by Section 420.003, Government Code; and
(2) a written description of the services provided by
the program.
(b) A sexual assault program may provide a written
description of the program's services to a law enforcement agency.
(Code Crim. Proc., Art. 56.07(b).)
SUBCHAPTER J. REQUIRED NOTIFICATIONS BY ATTORNEY REPRESENTING THE
STATE
Art. 56A.451. NOTIFICATION OF RIGHTS. (a) Not later than
the 10th day after the date that an indictment or information is
returned against a defendant for an offense, the attorney
representing the state shall give to each victim of the offense a
written notice containing:
(1) the case number and assigned court for the case;
(2) a brief general statement of each procedural stage
in the processing of a criminal case, including bail, plea
bargaining, parole restitution, and appeal;
(3) suggested steps the victim may take if the victim
is subjected to threats or intimidation;
(4) the name, address, and phone number of the local
victim assistance coordinator; and
(5) notification of:
(A) the rights and procedures under this chapter,
Chapter 56B, and Subchapter B, Chapter 58;
(B) the right to file a victim impact statement
with the office of the attorney representing the state and the
department;
(C) the right to receive information regarding
compensation to victims of crime as provided by Chapter 56B,
including information about:
(i) the costs that may be compensated under
that chapter, eligibility for compensation, and procedures for
application for compensation under that chapter;
(ii) the payment for a forensic medical
examination under Article 56A.252 for a victim of an alleged sexual
assault; and
(iii) referral to available social service
agencies that may offer additional assistance; and
(D) the right of a victim, guardian of a victim,
or close relative of a deceased victim, as defined by Section
508.117, Government Code, to appear in person before a member of the
board as provided by Section 508.153, Government Code.
(b) The brief general statement required by Subsection
(a)(2) that describes the plea bargaining stage in a criminal trial
must include a statement that:
(1) a victim impact statement provided by a victim,
guardian of a victim, or close relative of a deceased victim will be
considered by the attorney representing the state in entering into
a plea bargain agreement; and
(2) the judge before accepting a plea bargain
agreement is required under Article 26.13(e) to ask:
(A) whether a victim impact statement has been
returned to the attorney representing the state;
(B) if a victim impact statement has been
returned, for a copy of the statement; and
(C) whether the attorney representing the state
has given the victim, guardian of a victim, or close relative of a
deceased victim notice of the existence and terms of the plea
bargain agreement. (Code Crim. Proc., Arts. 56.08(a), (e).)
Art. 56A.452. NOTIFICATION OF SCHEDULED COURT PROCEEDINGS.
If requested by the victim, the attorney representing the state, as
far as reasonably practical, shall give the victim notice of:
(1) any scheduled court proceedings and changes in
that schedule; and
(2) the filing of a request for continuance of a trial
setting. (Code Crim. Proc., Art. 56.08(b).)
Art. 56A.453. NOTIFICATION OF PLEA BARGAIN AGREEMENT. The
attorney representing the state, as far as reasonably practical,
shall give a victim, guardian of a victim, or close relative of a
deceased victim notice of the existence and terms of any plea
bargain agreement to be presented to the court. (Code Crim. Proc.,
Art. 56.08(b-1).)
Art. 56A.454. VICTIM CONTACT INFORMATION. (a) A victim who
receives a notice under Article 56A.451(a) and who chooses to
receive other notice under law about the same case must keep the
following persons informed of the victim's current address and
phone number:
(1) the attorney representing the state; and
(2) the department if the defendant is imprisoned in
the department after sentencing.
(b) An attorney representing the state who receives
information concerning a victim's current address and phone number
shall immediately provide that information to the community
supervision and corrections department supervising the defendant,
if the defendant is placed on community supervision. (Code Crim.
Proc., Arts. 56.08(c), (d).)
SUBCHAPTER K. NOTIFICATION BY CERTAIN ENTITIES OF RELEASE OR
ESCAPE
Art. 56A.501. DEFINITIONS. In this subchapter:
(1) "Correctional facility" has the meaning assigned
by Section 1.07, Penal Code.
(2) "Family violence" has the meaning assigned by
Section 71.004, Family Code. (Code Crim. Proc., Art. 56.11(h).)
Art. 56A.502. APPLICABILITY. This subchapter applies to a
defendant convicted of:
(1) an offense under Title 5, Penal Code, that is
punishable as a felony;
(2) an offense described by Section 508.187(a),
Government Code, other than an offense described by Subdivision
(1); or
(3) an offense involving family violence, stalking, or
violation of a protective order or magistrate's order. (Code Crim.
Proc., Art. 56.11(c).)
Art. 56A.503. NOTIFICATION OF RELEASE OR ESCAPE. (a) The
department or sheriff, whichever has custody of a defendant in the
case of a felony, or the sheriff in the case of a misdemeanor, shall
notify a victim of the offense or a witness who testified against
the defendant at the trial for the offense, other than a witness who
testified in the course and scope of the witness's official or
professional duties, when a defendant convicted of an offense
described by Article 56A.502:
(1) completes the defendant's sentence and is
released; or
(2) escapes from a correctional facility.
(b) If the department is required by Subsection (a) to give
notice to a victim or witness, the department shall also give notice
to local law enforcement officials in the county in which the victim
or witness resides. (Code Crim. Proc., Arts. 56.11(a), (b).)
Art. 56A.504. NOTIFICATION REGARDING DEFENDANT SUBJECT TO
ELECTRONIC MONITORING. The department, in the case of a defendant
released on parole or to mandatory supervision following a term of
imprisonment for an offense described by Article 56A.502, or a
community supervision and corrections department supervising a
defendant convicted of an offense described by Article 56A.502 and
subsequently released on community supervision, shall notify a
victim or witness described by Article 56A.503(a) when the
defendant, if subject to electronic monitoring as a condition of
release, ceases to be electronically monitored. (Code Crim. Proc.,
Art. 56.11(a-1).)
Art. 56A.505. NOTIFICATION OF RIGHT TO NOTICE. Not later
than immediately following the conviction of a defendant for an
offense described by Article 56A.502, the attorney who represented
the state in the prosecution of the case shall notify in writing a
victim or witness described by Article 56A.503(a) of the victim's
or witness's right to receive notice under this subchapter. (Code
Crim. Proc., Art. 56.11(g).)
Art. 56A.506. VICTIM OR WITNESS CONTACT INFORMATION;
CONFIDENTIALITY. (a) A victim or witness who wants notification
under this subchapter must:
(1) provide the department, the sheriff, or the
community supervision and corrections department supervising the
defendant, as appropriate, with the e-mail address, mailing
address, and telephone number of the victim, witness, or other
person through whom the victim or witness may be contacted; and
(2) notify the appropriate department or the sheriff
of any change of address or telephone number of the victim, witness,
or other person.
(b) Information obtained and maintained by the department,
a sheriff, or a community supervision and corrections department
under this article is privileged and confidential. (Code Crim.
Proc., Art. 56.11(d).)
Art. 56A.507. TIME FOR NOTICE. (a) The department, the
sheriff, or the community supervision and corrections department
supervising the defendant, as appropriate:
(1) shall make a reasonable attempt to give any notice
required by Article 56A.503(a) or 56A.504:
(A) not later than the 30th day before the date
the defendant:
(i) completes the sentence and is released;
or
(ii) ceases to be electronically monitored
as a condition of release; or
(B) immediately if the defendant escapes from the
correctional facility; and
(2) may give the notice by e-mail, if possible.
(b) An attempt by the department, the sheriff, or the
community supervision and corrections department supervising the
defendant to give notice to a victim or witness at the victim's or
witness's last known mailing address or, if notice by e-mail is
possible, last known e-mail address, as shown on the records of the
appropriate department or agency, constitutes a reasonable attempt
to give notice under this subchapter. (Code Crim. Proc., Arts.
56.11(e), (f).)
SUBCHAPTER L. NOTIFICATION BY DEPARTMENT OF ESCAPE OR TRANSFER
Art. 56A.551. DEFINITION. In this subchapter, "witness's
close relative" means a person who:
(1) was the spouse of a deceased witness at the time of
the witness's death; or
(2) is a parent or adult brother, sister, or child of a
deceased witness. (Code Crim. Proc., Art. 56.12(d).)
Art. 56A.552. NOTIFICATION OF VICTIM. The department shall
immediately notify the victim of an offense, the victim's guardian,
or the victim's close relative if the victim is deceased, if the
victim, victim's guardian, or victim's close relative has notified
the department as provided by Article 56A.554, when the defendant:
(1) escapes from a facility operated by the department
for the imprisonment of individuals convicted of felonies other
than state jail felonies; or
(2) is transferred from the custody of a facility
described by Subdivision (1) to the custody of a peace officer under
a writ of attachment or a bench warrant. (Code Crim. Proc., Art.
56.12(a).)
Art. 56A.553. NOTIFICATION OF WITNESS. The department
shall immediately notify a witness who testified against a
defendant at the trial for the offense for which the defendant is
imprisoned, the witness's guardian, or the witness's close
relative, if the witness, witness's guardian, or witness's close
relative has notified the department as provided by Article
56A.554, when the defendant:
(1) escapes from a facility operated by the department
for the imprisonment of individuals convicted of felonies other
than state jail felonies; or
(2) is transferred from the custody of a facility
described by Subdivision (1) to the custody of a peace officer under
a writ of attachment or a bench warrant. (Code Crim. Proc., Art.
56.12(a-1).)
Art. 56A.554. REQUEST FOR NOTIFICATION; CHANGE OF ADDRESS.
A victim, witness, guardian, or close relative who wants
notification of a defendant's escape or transfer from custody under
a writ of attachment or bench warrant must notify the department of
that fact and of any change of address. (Code Crim. Proc., Art.
56.12(b).)
Art. 56A.555. NOTICE OF TRANSFER FROM OR RETURN TO CUSTODY.
The department shall include in a notice provided under Article
56A.552(2) or 56A.553(2) the name, address, and telephone number of
the peace officer receiving the defendant into custody. On
returning the defendant to the custody of the department, the
victim services division of the department shall notify the victim,
witness, guardian, or close relative, as applicable, of the return.
(Code Crim. Proc., Art. 56.12(c).)
SUBCHAPTER M. OTHER POWERS AND DUTIES OF DEPARTMENT AND
CLEARINGHOUSE
Art. 56A.601. DATABASE FOR DEFENDANT RELEASE INFORMATION.
The department shall:
(1) create and maintain a computerized database
containing the release information and release date of a defendant
convicted of an offense described by Article 56A.502; and
(2) allow a victim or witness entitled to notice under
Subchapter K or L to access through the Internet the computerized
database maintained under Subdivision (1). (Code Crim. Proc., Art.
56.15.)
Art. 56A.602. VICTIM-OFFENDER MEDIATION. The victim
services division of the department shall:
(1) train volunteers to act as mediators between
victims, guardians of victims, and close relatives of deceased
victims and offenders whose criminal conduct caused bodily injury
or death to victims; and
(2) provide mediation services through referral of a
trained volunteer, if requested by a victim, guardian of a victim,
or close relative of a deceased victim. (Code Crim. Proc., Art.
56.13.)
Art. 56A.603. CLEARINGHOUSE ANNUAL CONFERENCE. The
clearinghouse may:
(1) conduct an annual conference to provide to
participants in the criminal justice system training containing
information on crime victims' rights; and
(2) charge a fee to a person attending the conference
described by Subdivision (1). (Code Crim. Proc., Art. 56.14.)
Art. 56A.604. CRIME VICTIM ASSISTANCE STANDARDS. The
clearinghouse shall develop crime victim assistance standards and
distribute those standards to law enforcement officers and
attorneys representing the state to aid those officers and
attorneys in performing duties imposed by this chapter, Chapter
56B, and Subchapter B, Chapter 58. (Code Crim. Proc., Art.
56.05(c).)
SECTION 1.06. Title 1, Code of Criminal Procedure, is amended by adding Chapter 56B to read as follows:
CHAPTER 56B. CRIME VICTIMS' COMPENSATION
SUBCHAPTER A. GENERAL PROVISIONS
Art. 56B.001. SHORT TITLE
Art. 56B.002. LEGISLATIVE FINDINGS AND INTENT
Art. 56B.003. DEFINITIONS
Art. 56B.004. ADMINISTRATION; RULES
Art. 56B.005. ANNUAL REPORT
Art. 56B.006. PUBLIC NOTICE
Art. 56B.007. NOTICE BY LOCAL LAW ENFORCEMENT AGENCY
SUBCHAPTER B. APPLICATION AND REVIEW
Art. 56B.051. APPLICATION FOR COMPENSATION
Art. 56B.052. PERIOD FOR FILING APPLICATION
Art. 56B.053. REPORTING OF OFFENSE REQUIRED
Art. 56B.054. REVIEW AND INVESTIGATION OF APPLICATION
Art. 56B.055. MENTAL OR PHYSICAL EXAMINATION; AUTOPSY
Art. 56B.056. HEARINGS AND PREHEARING CONFERENCES
Art. 56B.057. APPROVAL OF APPLICATION
Art. 56B.058. DISCLOSURE AND USE OF INFORMATION
SUBCHAPTER C. AWARD OF COMPENSATION
Art. 56B.101. TYPES OF ASSISTANCE
Art. 56B.102. EMERGENCY AWARD
Art. 56B.103. COMPENSATION FOR PECUNIARY LOSS
Art. 56B.104. COMPENSATION FOR HEALTH CARE SERVICES
Art. 56B.105. COMPENSATION FOR CERTAIN CRIMINALLY
INJURIOUS CONDUCT PROHIBITED
Art. 56B.106. LIMITS ON COMPENSATION
Art. 56B.107. DENIAL OR REDUCTION OF AWARD
Art. 56B.108. RECONSIDERATION
SUBCHAPTER D. PAYMENT OF AWARD
Art. 56B.151. METHOD OF PAYMENT
Art. 56B.152. PAYMENT FOR PECUNIARY LOSS ACCRUED AT
TIME OF AWARD
Art. 56B.153. PAYMENT FOR PECUNIARY LOSS ACCRUED AFTER
TIME OF AWARD
Art. 56B.154. RECIPIENT OF PAYMENT
SUBCHAPTER E. GENERAL PROVISIONS RELATING TO PAYMENT
Art. 56B.201. ADJUSTMENT OF AWARDS AND PAYMENTS
Art. 56B.202. SUBROGATION
Art. 56B.203. AWARD NOT SUBJECT TO EXECUTION
Art. 56B.204. ASSIGNMENT OF BENEFITS FOR LOSS ACCRUING
IN FUTURE
SUBCHAPTER F. PAYMENTS FOR CERTAIN DISABLED PEACE OFFICERS
Art. 56B.251. DEFINITION
Art. 56B.252. APPLICABILITY
Art. 56B.253. PAYMENT ENTITLEMENT
Art. 56B.254. AMOUNT OF PAYMENT
Art. 56B.255. METHOD OF PAYMENT
Art. 56B.256. COST-OF-LIVING ADJUSTMENT
Art. 56B.257. CALCULATION OF INITIAL PAYMENT
Art. 56B.258. PROOF REQUIRED FOR PAYMENT
Art. 56B.259. HEARING
Art. 56B.260. JUDICIAL REVIEW
Art. 56B.261. PERIODIC REVIEW
Art. 56B.262. ISSUANCE OF WARRANT FOR PAYMENT
Art. 56B.263. LIMITS ON COMPENSATION
Art. 56B.264. APPLICATION OF OTHER LAW
SUBCHAPTER G. ATTORNEY'S FEES
Art. 56B.301. AWARD OF ATTORNEY'S FEES
Art. 56B.302. AMOUNT OF ATTORNEY'S FEES
SUBCHAPTER H. JUDICIAL REVIEW
Art. 56B.351. NOTICE OF DISSATISFACTION
Art. 56B.352. SUIT; VENUE
Art. 56B.353. RESTRICTIONS ON ATTORNEY GENERAL DURING
JUDICIAL REVIEW
Art. 56B.354. STANDARD OF REVIEW
Art. 56B.355. BURDEN OF PROOF
Art. 56B.356. ATTORNEY'S FEES
Art. 56B.357. CALCULATION OF TIME
SUBCHAPTER I. PRIVATE ACTION
Art. 56B.401. NOTICE OF PROPOSED PRIVATE ACTION
Art. 56B.402. RECEIPT OF NOTICE
Art. 56B.403. DEDUCTION FOR REASONABLE EXPENSES
Art. 56B.404. LIMITATIONS ON RESOLUTION OF ACTION
Art. 56B.405. CRIMINAL PENALTY
SUBCHAPTER J. FUNDS
Art. 56B.451. DEFINITION
Art. 56B.452. ESTABLISHMENT
Art. 56B.453. USE OF MONEY
Art. 56B.454. LIMITATIONS ON PAYMENTS
Art. 56B.455. AMOUNT CARRIED FORWARD
Art. 56B.456. TRANSFER OF MONEY FROM AUXILIARY FUND
Art. 56B.457. GIFTS, GRANTS, AND DONATIONS
Art. 56B.458. EMERGENCY RESERVE
Art. 56B.459. APPROPRIATION FOR ASSOCIATE JUDGE
PROGRAM
Art. 56B.460. APPROPRIATION FOR OTHER CRIME VICTIM
ASSISTANCE
Art. 56B.461. USE OF AUXILIARY FUND
Art. 56B.462. PAYERS OF LAST RESORT
SUBCHAPTER K. ADMINISTRATIVE PENALTY
Art. 56B.501. CONDUCT SUBJECT TO PENALTY; AMOUNT OF
PENALTY
Art. 56B.502. REPORT AND NOTICE OF VIOLATION AND
PENALTY
Art. 56B.503. PENALTY TO BE PAID OR HEARING REQUESTED
Art. 56B.504. HEARING
Art. 56B.505. DECISION BY ATTORNEY GENERAL
Art. 56B.506. OPTIONS FOLLOWING DECISION: PAY OR
APPEAL
Art. 56B.507. COLLECTION OF PENALTY
Art. 56B.508. DECISION BY COURT
Art. 56B.509. REMITTANCE OF PENALTY AND INTEREST
Art. 56B.510. RELEASE OF BOND
Art. 56B.511. DISPOSITION OF PENALTY
Art. 56B.512. RECOVERY OF EXPENSES
Art. 56B.513. ADMINISTRATIVE PROCEDURE
SUBCHAPTER L. OTHER PENALTIES AND SANCTIONS
Art. 56B.551. LETTER OF REPRIMAND
Art. 56B.552. CIVIL PENALTY
CHAPTER 56B. CRIME VICTIMS' COMPENSATION
SUBCHAPTER A. GENERAL PROVISIONS
Art. 56B.001. SHORT TITLE. This chapter may be cited as the
Crime Victims' Compensation Act. (Code Crim. Proc., Art. 56.31.)
Art. 56B.002. LEGISLATIVE FINDINGS AND INTENT. (a) The
legislature recognizes that many innocent individuals suffer
personal injury or death as a result of criminal acts. Crime victims
and persons who intervene to prevent criminal acts often suffer
disabilities, incur financial burdens, or become dependent on
public assistance. The legislature finds that there is a need to
compensate crime victims and those who suffer personal injury or
death in the prevention of crime or in the apprehension of
criminals.
(b) It is the legislature's intent that the compensation of
innocent victims of violent crime encourage greater public
cooperation in the successful apprehension and prosecution of
criminals. (Code Crim. Proc., Art. 56.311.)
Art. 56B.003. DEFINITIONS. In this chapter:
(1) "Child" means an individual younger than 18 years
of age who:
(A) is not married; or
(B) has not had the disabilities of minority
removed for general purposes under Chapter 31, Family Code.
(2) "Claimant" means any of the following individuals,
other than a service provider, who is entitled to file or has filed
a claim for compensation under this chapter:
(A) an authorized individual acting on behalf of
a victim;
(B) an individual who legally assumes the
obligation or who voluntarily pays medical or burial expenses of a
victim incurred as a result of the criminally injurious conduct of
another;
(C) a dependent of a victim who died as a result
of the criminally injurious conduct;
(D) an immediate family member or a household
member of a victim who, as a result of the criminally injurious
conduct:
(i) requires psychiatric care or
counseling;
(ii) incurs expenses for traveling to and
attending a deceased victim's funeral; or
(iii) suffers wage loss from bereavement
leave taken in connection with the death of the victim; or
(E) an authorized individual acting on behalf of
a child described by Paragraph (C) or (D).
(3) "Collateral source" means any of the following
sources of benefits or advantages for pecuniary loss that a
claimant or victim has received or that is readily available to the
claimant or victim from:
(A) the offender under an order of restitution to
the claimant or victim that is imposed by a court as a condition of
community supervision;
(B) the United States, a federal agency, a state
or any of its political subdivisions, or an instrumentality of two
or more states, unless the law providing for the benefits or
advantages makes those benefits or advantages in addition to or
secondary to benefits under this chapter;
(C) social security, Medicare, or Medicaid;
(D) another state's or another country's crime
victims' compensation program;
(E) workers' compensation;
(F) an employer's wage continuation program, not
including vacation and sick leave benefits;
(G) proceeds of an insurance contract payable to
or on behalf of the claimant or victim for loss that the claimant or
victim sustained because of the criminally injurious conduct;
(H) a contract or self-funded program providing
hospital and other health care services or benefits; or
(I) proceeds awarded to the claimant or victim as
a result of third-party litigation.
(4) "Criminally injurious conduct" means conduct
that:
(A) occurs or is attempted;
(B) poses a substantial threat of personal injury
or death;
(C) is punishable by fine, imprisonment, or
death, or would be punishable by fine, imprisonment, or death if the
person engaging in the conduct possessed the capacity to commit the
conduct; and
(D) does not arise out of the ownership,
maintenance, or use of a motor vehicle, aircraft, or water vehicle,
unless the conduct is:
(i) intended to cause personal injury or
death;
(ii) in violation of Section 545.157 or
545.401, Transportation Code, if the conduct results in bodily
injury or death;
(iii) in violation of Section 550.021,
Transportation Code; or
(iv) in violation of one or more of the
following sections of the Penal Code:
(a) Section 19.04 (manslaughter);
(b) Section 19.05 (criminally
negligent homicide);
(c) Section 22.02 (aggravated
assault);
(d) Section 22.05 (deadly conduct);
(e) Section 49.04 (driving while
intoxicated);
(f) Section 49.05 (flying while
intoxicated);
(g) Section 49.06 (boating while
intoxicated);
(h) Section 49.07 (intoxication
assault); or
(i) Section 49.08 (intoxication
manslaughter).
(5) "Dependent" means:
(A) a surviving spouse;
(B) a person who is a dependent, within the
meaning of the Internal Revenue Code of 1986, of a victim; and
(C) a posthumous child of a deceased victim.
(6) "Family violence" has the meaning assigned by
Section 71.004(1), Family Code.
(7) "Household member" means an individual who:
(A) is related by consanguinity or affinity to
the victim; and
(B) resided in the same permanent household as
the victim at the time that the criminally injurious conduct
occurred.
(8) "Immediate family member" means an individual who
is related to a victim within the second degree by consanguinity or
affinity.
(9) "Intervenor" means an individual who goes to the
aid of another and is killed or injured in a good faith effort to:
(A) prevent criminally injurious conduct;
(B) apprehend a person reasonably suspected of
having engaged in criminally injurious conduct; or
(C) aid a peace officer.
(10) "Pecuniary loss" means the amount of the expense
reasonably and necessarily incurred as a result of personal injury
or death for:
(A) medical, hospital, nursing, or psychiatric
care or counseling, or physical therapy;
(B) actual loss of past earnings and anticipated
loss of future earnings and necessary travel expenses because of:
(i) a disability resulting from the
personal injury;
(ii) the receipt of medically indicated
services related to the disability; or
(iii) participation in or attendance at
investigative, prosecutorial, or judicial processes or any
postconviction or postadjudication proceeding relating to
criminally injurious conduct;
(C) care of a child or dependent, including
specialized care for a child who is a victim;
(D) funeral and burial expenses, including, for
an immediate family member or a household member of the victim, the
necessary expenses of traveling to and attending the funeral;
(E) loss of support to a dependent, consistent
with Article 56B.057(b)(5);
(F) reasonable and necessary costs of cleaning
the crime scene;
(G) reasonable replacement costs for clothing,
bedding, or property of the victim seized as evidence or rendered
unusable as a result of the criminal investigation;
(H) reasonable and necessary costs for
relocation and housing rental assistance payments as provided by
Article 56B.106(c);
(I) for an immediate family member or a household
member of a deceased victim, bereavement leave of not more than 10
work days; and
(J) reasonable and necessary costs of traveling
to and from a place of execution to witness the execution, including
one night's lodging near the place where the execution is
conducted.
(11) "Personal injury" means physical or mental harm.
(12) "Sexual assault" means an offense under Section
21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code.
(13) "Trafficking of persons" means any offense that
results in a person engaging in forced labor or services, including
sexual conduct, and that may be prosecuted under Section 20A.02,
20A.03, 43.03, 43.04, 43.05, 43.25, 43.251, or 43.26, Penal Code.
(14) "Victim" means:
(A) an individual who:
(i) suffers personal injury or death as a
result of criminally injurious conduct or as a result of actions
taken by the individual as an intervenor, if the conduct or actions
occurred in this state; and
(ii) is a resident of this state or another
state of the United States;
(B) an individual who:
(i) suffers personal injury or death as a
result of criminally injurious conduct or as a result of actions
taken by the individual as an intervenor, if the conduct or actions
occurred in a state or country that does not have a crime victims'
compensation program that meets the requirements of Section
1403(b), Victims of Crime Act of 1984 (34 U.S.C. Section 20102(b));
(ii) is a resident of this state; and
(iii) would be entitled to compensation
under this chapter if the criminally injurious conduct or actions
had occurred in this state; or
(C) an individual who:
(i) suffers personal injury or death as a
result of criminally injurious conduct caused by an act of
international terrorism as defined by 18 U.S.C. Section 2331
committed outside of the United States; and
(ii) is a resident of this state.
(15) "Victim-related services or assistance" means
compensation, services, or assistance provided directly to a victim
or claimant to support or assist in the recovery of the victim or
claimant from the consequences of criminally injurious conduct.
(Code Crim. Proc., Arts. 56.01(2-a), 56.32.)
Art. 56B.004. ADMINISTRATION; RULES. (a) The attorney
general shall adopt rules consistent with this chapter governing
its administration, including rules relating to the method of
filing claims and the proof of entitlement to compensation and the
review of health care services subject to compensation under this
chapter, Chapter 56A, and Subchapter B, Chapter 58.
(b) Subchapters A and B, Chapter 2001, Government Code,
except Sections 2001.004(3) and 2001.005, apply to the attorney
general.
(c) The attorney general may delegate to a person in the
attorney general's office a power or duty given to the attorney
general under this chapter. (Code Crim. Proc., Art. 56.33.)
Art. 56B.005. ANNUAL REPORT. Not later than the 100th day
after the end of each state fiscal year, the attorney general shall
submit to the governor and the legislature a report on the attorney
general's activities during the preceding fiscal year, including a
statistical summary of claims and awards made and denied. (Code
Crim. Proc., Art. 56.53.)
Art. 56B.006. PUBLIC NOTICE. (a) A hospital licensed under
the laws of this state shall display prominently in its emergency
room posters giving notice of the existence and general provisions
of this chapter.
(b) The attorney general shall:
(1) set standards for the location of the posters
described by Subsection (a); and
(2) provide posters, application forms, and general
information regarding this chapter to each hospital and physician
licensed to practice in this state. (Code Crim. Proc., Art.
56.60(a).)
Art. 56B.007. NOTICE BY LOCAL LAW ENFORCEMENT AGENCY. (a)
Each local law enforcement agency shall inform a claimant or victim
of the provisions of this chapter and make application forms
available.
(b) The attorney general:
(1) shall:
(A) provide application forms and all other
documents that a local law enforcement agency may require to comply
with this article; and
(B) set standards to be followed by a local law
enforcement agency to comply with this article; and
(2) may require a local law enforcement agency to file
with the attorney general a description of the procedures adopted
by the agency to comply with this article. (Code Crim. Proc., Art.
56.60(b).)
SUBCHAPTER B. APPLICATION AND REVIEW
Art. 56B.051. APPLICATION FOR COMPENSATION. (a) An
applicant for compensation under this chapter must apply in writing
on a form prescribed by the attorney general.
(b) An application for compensation under this chapter must
be verified and contain:
(1) the date on which the criminally injurious conduct
occurred;
(2) a description of the nature and circumstances of
the criminally injurious conduct;
(3) a complete financial statement, including:
(A) the cost of medical care or burial expenses
and the loss of wages or support the claimant or victim has incurred
or will incur; and
(B) the extent to which the claimant or victim
has been indemnified for the expenses under Paragraph (A) from a
collateral source;
(4) a statement indicating the extent of any
disability resulting from the injury incurred;
(5) an authorization permitting the attorney general
to verify the contents of the application; and
(6) any other information the attorney general
requires. (Code Crim. Proc., Art. 56.36.)
Art. 56B.052. PERIOD FOR FILING APPLICATION. (a) Except as
otherwise provided by this article, a claimant or victim must file
an application not later than the third anniversary of the date of
the criminally injurious conduct.
(b) The attorney general may extend the time for filing for
good cause shown by the claimant or victim.
(c) If the victim is a child, the application must be filed
not later than the third anniversary of the date the claimant or
victim is made aware of the offense, but not after the child attains
21 years of age.
(d) If a claimant or victim presents medically documented
evidence of a physical or mental incapacity that was incurred by the
claimant or victim as a result of the criminally injurious conduct
and that reasonably prevented the claimant or victim from filing
the application within the limitations period under Subsection (a),
the period of the incapacity is not included.
(e) For a claim that is based on criminally injurious
conduct in violation of Chapter 19, Penal Code, the claimant must
file an application not later than the third anniversary of the date
the identity of the victim is established by a law enforcement
agency. (Code Crim. Proc., Art. 56.37.)
Art. 56B.053. REPORTING OF OFFENSE REQUIRED. (a) Except as
otherwise provided by this article, a claimant or victim may not
file an application unless the victim reports the criminally
injurious conduct to the appropriate state or local public safety
or law enforcement agency within a reasonable period, but not so
late as to interfere with or hamper the investigation and
prosecution of the offense after the criminally injurious conduct
is committed.
(b) The attorney general may extend the time for reporting
the criminally injurious conduct if the attorney general determines
that the extension is justified by extraordinary circumstances.
(c) Subsection (a) does not apply if the victim is a child.
(Code Crim. Proc., Art. 56.46.)
Art. 56B.054. REVIEW AND INVESTIGATION OF APPLICATION. (a)
The attorney general shall appoint a clerk to review each
application for compensation described by Article 56B.051 to ensure
the application is complete.
(b) The attorney general may review the actual or proposed
health care services for which a claimant or victim seeks
compensation in an application filed under Article 56B.051.
(c) The clerk shall return to the claimant or victim any
application that is incomplete and shall provide a brief statement
showing the additional information required. Not later than the
30th day after the date of receiving a returned application, a
claimant or victim may:
(1) provide the additional information; or
(2) appeal the action to the attorney general, who
shall review the application to determine whether the application
is complete.
(d) The attorney general may investigate an application.
(e) As part of the attorney general's review, verification,
and hearing duties under this chapter, the attorney general may:
(1) subpoena witnesses and administer oaths to
determine whether and the extent to which a claimant or victim
qualifies for an award; and
(2) as provided by Article 56B.055 and if the mental,
physical, or emotional condition of a claimant or victim is
material to the claim, order:
(A) a claimant or victim to submit to a mental or
physical examination by a physician or psychologist; or
(B) an autopsy of a deceased victim.
(f) On request by the attorney general and not later than
the 14th business day after the date of the request, a law
enforcement agency shall release to the attorney general all
reports, including witness statements and criminal history record
information, to allow the attorney general to determine whether a
claimant or victim qualifies for an award and the extent of the
qualification. (Code Crim. Proc., Arts. 56.38, 56.385(a).)
Art. 56B.055. MENTAL OR PHYSICAL EXAMINATION; AUTOPSY. (a)
For good cause shown, an order for a mental or physical examination
or an autopsy as provided by Article 56B.054(e)(2) may be made on
notice to the individual to be examined and, if applicable, to each
person who has appeared at a hearing under Article 56B.056.
(b) An order under Subsection (a) must:
(1) specify the time, place, manner, conditions, and
scope of the examination or autopsy;
(2) specify the person who is to perform the
examination or autopsy; and
(3) require the person performing the examination or
autopsy to file with the attorney general a detailed written report
of the examination or autopsy.
(c) A report must set out the findings of the person
performing the examination or autopsy, including:
(1) the results of any test performed; and
(2) any diagnosis, prognosis, or other conclusion or
report of an earlier examination of the same condition.
(d) On request of the individual examined, the attorney
general shall provide to the individual a copy of the report. If
the victim is deceased, the attorney general on request shall
provide to the claimant a copy of the report.
(e) A physician or psychologist performing an examination
or autopsy under this article shall be compensated from money
appropriated for the administration of this chapter. (Code Crim.
Proc., Art. 56.39.)
Art. 56B.056. HEARINGS AND PREHEARING CONFERENCES. (a)
The attorney general shall determine whether a hearing on an
application for compensation under this chapter is necessary.
(b) On determining that a hearing is not necessary, the
attorney general may approve the application in accordance with
Article 56B.057.
(c) On determining that a hearing is necessary or on request
for a hearing by the claimant or victim, the attorney general shall
consider the application at a hearing at a time and place of the
attorney general's choosing. The attorney general shall notify all
interested persons not later than the 10th day before the date of
the hearing.
(d) At the hearing the attorney general shall:
(1) review the application for compensation and any
report prepared under Article 56B.055 and any other evidence
obtained as a result of the attorney general's investigation; and
(2) receive other evidence that the attorney general
finds necessary or desirable to evaluate the application properly.
(e) The attorney general may appoint hearing officers to
conduct hearings or prehearing conferences under this chapter.
(f) A hearing or prehearing conference is open to the public
unless the hearing officer or attorney general determines in a
particular case that all or part of the hearing or conference should
be held in private because a criminal suspect has not been
apprehended or because a private hearing or conference is in the
interest of the claimant or victim.
(g) The attorney general may suspend the proceedings
pending disposition of a criminal prosecution that has been
commenced or is imminent, except that the attorney general may make
an emergency award under Article 56B.102.
(h) Subchapters C through H, Chapter 2001, Government Code,
do not apply to the attorney general or the attorney general's
orders and decisions. (Code Crim. Proc., Art. 56.40.)
Art. 56B.057. APPROVAL OF APPLICATION. (a) The attorney
general shall approve an application for compensation under this
chapter if the attorney general finds by a preponderance of the
evidence that grounds for compensation under this chapter exist.
(b) The attorney general shall deny an application for
compensation under this chapter if:
(1) the criminally injurious conduct is not reported
as provided by Article 56B.053;
(2) the application is not made in the manner provided
by Articles 56B.051 and 56B.052;
(3) the claimant or victim knowingly and willingly
participated in the criminally injurious conduct;
(4) the claimant or victim is the offender or an
accomplice of the offender;
(5) an award of compensation to the claimant or victim
would benefit the offender or an accomplice of the offender;
(6) the claimant or victim was incarcerated in a penal
institution, as defined by Section 1.07, Penal Code, at the time the
offense was committed; or
(7) the claimant or victim knowingly or intentionally
submits false or forged information to the attorney general.
(c) Subsection (b)(3) does not apply to a claimant or victim
who seeks compensation for criminally injurious conduct that is:
(1) in violation of Section 20A.02(a)(7), Penal Code;
or
(2) trafficking of persons, other than an offense
described by Subdivision (1), if the criminally injurious conduct
the claimant or victim participated in was the result of force,
fraud, or coercion.
(d) Except as provided by rules adopted by the attorney
general to prevent the unjust enrichment of an offender, the
attorney general may not deny an award otherwise payable to a
claimant or victim because the claimant or victim:
(1) is an immediate family member of the offender; or
(2) resides in the same household as the offender.
(Code Crim. Proc., Art. 56.41.)
Art. 56B.058. DISCLOSURE AND USE OF INFORMATION. (a) This
article does not apply to information made confidential by law.
(b) An application for compensation under this chapter and
any information, document, summary, or other record provided to or
received, maintained, or created by the attorney general under this
chapter is:
(1) except as provided by Section 552.132(c),
Government Code, not subject to disclosure under Chapter 552 of
that code; and
(2) except as provided by Subsection (c), not subject
to disclosure, discovery, subpoena, or other means of legal
compulsion for release.
(c) The attorney general may not release or disclose an
application for compensation under this chapter, or any
information, document, summary, or other record provided to or
received, maintained, or created by the attorney general under this
chapter, except:
(1) by court order for good cause shown, if the order
includes a finding that the information is not available from any
other source;
(2) with the consent of:
(A) the claimant or victim; or
(B) the person that provided the information to
the attorney general;
(3) to an employee or other person under the direction
of the attorney general;
(4) to another crime victims' compensation program
that meets the requirements of 34 U.S.C. Section 20102(b);
(5) to a person authorized by the attorney general to
receive the information to:
(A) conduct an audit as required by state or
federal law;
(B) provide a review or examination under Article
56B.054 or 56B.055 or under another provision of this chapter to
determine the appropriateness of an award under this chapter;
(C) prevent, deter, or punish fraud related to
this chapter; or
(D) assert subrogation or restitution rights;
(6) as the attorney general determines necessary to
enforce this chapter, including presenting the application,
information, document, summary, or record in court; or
(7) in response to a subpoena that is issued in a
criminal proceeding and that requests an application for
compensation under this chapter, subject to Subsection (d).
(d) In responding to a subpoena described by Subsection
(c)(7), the attorney general shall release only the victim's
completed application form as described by Article 56B.051(a) after
redacting any confidential information described by Section
552.132(b), Government Code. The release of a victim's completed
application form under this subsection does not affect the
authority of the court to order the release or disclosure of
additional information under this article. (Code Crim. Proc., Art.
56.65.)
SUBCHAPTER C. AWARD OF COMPENSATION
Art. 56B.101. TYPES OF ASSISTANCE. (a) On approving an
application for compensation under Article 56B.057, the attorney
general shall determine the type of state assistance that will best
aid the claimant or victim.
(b) The attorney general may:
(1) authorize a cash payment to or on behalf of a
claimant or victim for pecuniary loss;
(2) refer a claimant or victim to a state agency for
vocational or other rehabilitative services; or
(3) provide counseling services for a claimant or
victim or contract with a private entity to provide counseling
services. (Code Crim. Proc., Art. 56.35.)
Art. 56B.102. EMERGENCY AWARD. (a) Before acting on an
application for compensation under this chapter, the attorney
general may make an emergency award if it appears likely that:
(1) a final award will be made; and
(2) the claimant or victim will suffer undue hardship
if immediate economic relief is not obtained.
(b) An emergency award may not exceed $1,500.
(c) The amount of an emergency award must be:
(1) deducted from the final award; or
(2) repaid by and recoverable from the claimant or
victim to the extent the emergency award exceeds the final award.
(Code Crim. Proc., Art. 56.50.)
Art. 56B.103. COMPENSATION FOR PECUNIARY LOSS. (a) The
attorney general shall award compensation for pecuniary loss
arising from criminally injurious conduct if the attorney general
is satisfied by a preponderance of the evidence that the
requirements of this chapter are met.
(b) The attorney general shall establish whether, as a
direct result of criminally injurious conduct, a claimant or victim
suffered personal injury or death that resulted in a pecuniary loss
for which the claimant or victim is not compensated from a
collateral source. (Code Crim. Proc., Arts. 56.34(a), (b).)
Art. 56B.104. COMPENSATION FOR HEALTH CARE SERVICES. (a)
The attorney general shall award compensation for health care
services according to the medical fee guidelines prescribed by
Subtitle A, Title 5, Labor Code.
(b) The attorney general, a claimant, or a victim is not
liable for health care service charges that exceed the medical fee
guidelines. A health care provider shall accept compensation from
the attorney general as payment in full for the charges unless an
investigation of the charges by the attorney general determines
that there is a reasonable health care justification for the
deviation from the guidelines.
(c) The attorney general may not compensate a claimant or
victim for health care services that the attorney general
determines are not medically necessary.
(d) The attorney general, a claimant, or a victim is not
liable for a charge that is not medically necessary. (Code Crim.
Proc., Arts. 56.34(c), (d), 56.385(b), (c).)
Art. 56B.105. COMPENSATION FOR CERTAIN CRIMINALLY
INJURIOUS CONDUCT PROHIBITED. (a) Except as provided by
Subsection (b), the attorney general may not award compensation for
pecuniary loss arising from criminally injurious conduct that
occurred before January 1, 1980.
(b) The attorney general may award compensation for
pecuniary loss arising from criminally injurious conduct that
occurred before January 1, 1980, if:
(1) the conduct was in violation of Chapter 19, Penal
Code;
(2) the identity of the victim is established by a law
enforcement agency on or after January 1, 2009; and
(3) the claimant files the application for
compensation within the limitations period provided by Article
56B.052(e). (Code Crim. Proc., Art. 56.61.)
Art. 56B.106. LIMITS ON COMPENSATION. (a) Except as
otherwise provided by this article, awards payable to a victim and
any other claimant sustaining pecuniary loss because of injury or
death of that victim may not exceed $50,000 in the aggregate.
(b) In addition to an award payable under Subsection (a),
the attorney general may award not more than $75,000 for
extraordinary pecuniary loss if the personal injury to a victim is
catastrophic and results in a total and permanent disability to the
victim. An award described by this subsection may be made for lost
wages and the reasonable and necessary costs of:
(1) making a home or motor vehicle accessible;
(2) obtaining job training and vocational
rehabilitation;
(3) training in the use of a special appliance;
(4) receiving home health care;
(5) durable medical equipment;
(6) rehabilitation technology; and
(7) long-term medical expenses incurred as a result of
medically indicated treatment for the personal injury.
(c) A victim who is a victim of stalking, family violence,
or trafficking of persons, or a victim of sexual assault who is
assaulted in the victim's place of residence, may receive a
one-time assistance payment in an amount not to exceed:
(1) $2,000 to be used for relocation expenses,
including expenses for rental deposit, utility connections,
expenses relating to moving belongings, motor vehicle mileage
expenses, and for an out-of-state move, transportation, lodging,
and meals; and
(2) $1,800 to be used for housing rental expenses.
(d) An immediate family member or household member of a
deceased victim may not receive more than $1,000 in lost wages as a
result of bereavement leave taken by the family or household
member.
(e) The attorney general by rule may establish a limitation
on any other pecuniary loss compensated under this chapter,
including a limitation on pecuniary loss incurred as a result of a
claimant's travel to and attendance of a deceased victim's funeral.
(Code Crim. Proc., Art. 56.42.)
Art. 56B.107. DENIAL OR REDUCTION OF AWARD. (a) The
attorney general may deny or reduce an award otherwise payable:
(1) if the claimant or victim has not substantially
cooperated with an appropriate law enforcement agency;
(2) if, as a result of the claimant's or victim's
behavior, the claimant or victim bears a share of the
responsibility for the act or omission giving rise to the claim;
(3) to the extent that pecuniary loss is recouped from
a collateral source; or
(4) if the claimant or victim was engaging in an
activity that at the time of the criminally injurious conduct was
prohibited by law, including a rule.
(b) Subsection (a)(4) does not apply to a claimant or victim
who seeks compensation for criminally injurious conduct that is:
(1) in violation of Section 20A.02(a)(7), Penal Code;
or
(2) trafficking of persons, other than an offense
described by Subdivision (1), if the activity the claimant or
victim engaged in was the result of force, fraud, or coercion.
(Code Crim. Proc., Art. 56.45.)
Art. 56B.108. RECONSIDERATION. (a) On the attorney
general's own motion or on request of a claimant or victim, the
attorney general may reconsider:
(1) a decision to make or deny an award; or
(2) the amount of an award.
(b) At least annually, the attorney general shall
reconsider each award being paid in installments.
(c) On reconsideration, the attorney general may order the
refund of an award if:
(1) the award was obtained by fraud or mistake; or
(2) newly discovered evidence shows the claimant or
victim to be ineligible for the award under Article 56B.057 or
56B.107. (Code Crim. Proc., Art. 56.47.)
SUBCHAPTER D. PAYMENT OF AWARD
Art. 56B.151. METHOD OF PAYMENT. The attorney general may
pay an award in a lump sum or in installments as provided by this
subchapter. (Code Crim. Proc., Art. 56.44(a) (part).)
Art. 56B.152. PAYMENT FOR PECUNIARY LOSS ACCRUED AT TIME OF
AWARD. The attorney general shall pay in a lump sum the part of an
award equal to the amount of pecuniary loss accrued to the date of
the award. (Code Crim. Proc., Art. 56.44(a) (part).)
Art. 56B.153. PAYMENT FOR PECUNIARY LOSS ACCRUED AFTER TIME
OF AWARD. (a) Except as provided by Subsection (b), the attorney
general shall pay in installments the part of an award for allowable
expenses that accrue after the award is made.
(b) At the request of the claimant or victim, the attorney
general may pay in a lump sum an award for future pecuniary loss if
the attorney general finds that:
(1) paying the award in a lump sum will promote the
interests of the claimant or victim; or
(2) the present value of all future pecuniary loss
does not exceed $1,000.
(c) The attorney general may not pay in installments an
award for future pecuniary loss for a period for which the attorney
general cannot reasonably determine the future pecuniary loss.
(Code Crim. Proc., Arts. 56.44(a) (part), (b), (c).)
Art. 56B.154. RECIPIENT OF PAYMENT. The attorney general
may make payments only to an individual who is a claimant or a
victim or to a provider on the individual's behalf. (Code Crim.
Proc., Art. 56.44(d).)
SUBCHAPTER E. GENERAL PROVISIONS RELATING TO PAYMENT
Art. 56B.201. ADJUSTMENT OF AWARDS AND PAYMENTS. (a) The
attorney general shall establish a policy to adjust awards and
payments so that the total amount of awards granted in each calendar
year does not exceed the amount of money credited to the
compensation to victims of crime fund during that year.
(b) On the establishment of a policy under Subsection (a),
the attorney general, the claimant, or the victim is not liable for
the amount of incurred charges exceeding the adjusted amount for
the service on which the adjusted payment is determined.
(c) A service provider who accepts a payment that has been
adjusted by a policy established under Subsection (a) agrees to
accept the adjusted payment as payment in full for the service and
is barred from legal action against the claimant or victim for
collection. (Code Crim. Proc., Arts. 56.34(e), 56.58.)
Art. 56B.202. SUBROGATION. If compensation is awarded
under this chapter, the state is subrogated to all the claimant's or
victim's rights to receive or recover benefits for pecuniary loss
to the extent compensation is awarded from a collateral source.
(Code Crim. Proc., Art. 56.51.)
Art. 56B.203. AWARD NOT SUBJECT TO EXECUTION. (a) Except
as provided by Subsection (b), an award is not subject to execution,
attachment, garnishment, or other process.
(b) An award is not exempt from a claim of a creditor to the
extent that the creditor provided a product, service, or
accommodation, the cost of which is included in the award. (Code
Crim. Proc., Art. 56.49(a).)
Art. 56B.204. ASSIGNMENT OF BENEFITS FOR LOSS ACCRUING IN
FUTURE. (a) Except as provided by Subsections (b) and (c), an
assignment of or agreement to assign a right to benefits for loss
accruing in the future is unenforceable.
(b) An assignment of a right to benefits for loss of
earnings is enforceable to secure payment of alimony, maintenance,
or child support.
(c) An assignment of a right to benefits is enforceable to
the extent that the benefits are for the cost of a product, service,
or accommodation:
(1) made necessary by the injury or death on which the
claim is based; and
(2) provided or to be provided by the assignee. (Code
Crim. Proc., Art. 56.49(b).)
SUBCHAPTER F. PAYMENTS FOR CERTAIN DISABLED PEACE OFFICERS
Art. 56B.251. DEFINITION. In this subchapter, "peace
officer" means an individual elected, appointed, or employed to
serve as a peace officer for a governmental entity under Article
2.12 or other law. The term includes a former peace officer who is
entitled to receive payments under this subchapter because of an
injury suffered while performing duties as a peace officer. (Code
Crim. Proc., Art. 56.542(a).)
Art. 56B.252. APPLICABILITY. This subchapter applies only
to a peace officer who is employed by this state or a local
governmental entity in this state and who sustains an injury in the
performance of the officer's duties as a peace officer as a result
of criminally injurious conduct on or after September 1, 1989.
(Code Crim. Proc., Art. 56.542(b) (part).)
Art. 56B.253. PAYMENT ENTITLEMENT. A peace officer to whom
this subchapter applies is entitled to an annual payment in the
amount described by Article 56B.254 if the officer presents
evidence satisfactory to the attorney general that:
(1) the officer's condition is a total disability
resulting in permanent incapacity for work; and
(2) the total disability has persisted for more than
12 months. (Code Crim. Proc., Art. 56.542(b) (part).)
Art. 56B.254. AMOUNT OF PAYMENT. The amount of an annual
payment under this subchapter is equal to the difference between:
(1) any amount received by the peace officer for the
injury or disability from another source of income, including
settlements related to the injury or disability, insurance
benefits, federal disability benefits, workers' compensation
benefits, and benefits from another governmental entity, if those
amounts do not exceed the amount described by Subdivision (2); and
(2) an amount equal to the officer's average annual
salary during the officer's final three years as a peace officer.
(Code Crim. Proc., Art. 56.542(b) (part).)
Art. 56B.255. METHOD OF PAYMENT. A peace officer who is
entitled to an annual payment under Article 56B.253 may elect to
receive the payment in:
(1) a single payment paid each year; or
(2) equal monthly installments. (Code Crim. Proc.,
Art. 56.542(l).)
Art. 56B.256. COST-OF-LIVING ADJUSTMENT. (a) The amount
of a payment under Article 56B.254 is subject to an annual
cost-of-living adjustment calculated by the attorney general.
(b) The attorney general shall calculate the amount of the
cost-of-living adjustment by multiplying the amount of the annual
payment received by the peace officer under this subchapter during
the preceding year by the percentage by which the Consumer Price
Index for All Urban Consumers published by the Bureau of Labor
Statistics of the United States Department of Labor, or its
successor index, increased during the preceding calendar year.
(Code Crim. Proc., Art. 56.542(c).)
Art. 56B.257. CALCULATION OF INITIAL PAYMENT. The attorney
general shall calculate the amount of an initial payment based on an
injury suffered after September 1, 1989, by:
(1) calculating the amount to which the peace officer
is entitled under Article 56B.254; and
(2) adding to that amount the cumulative successive
cost-of-living adjustments for the intervening years calculated
from the date of the injury. (Code Crim. Proc., Art. 56.542(d).)
Art. 56B.258. PROOF REQUIRED FOR PAYMENT. To receive a
payment under this subchapter, a peace officer must provide to the
attorney general:
(1) proof that the injury:
(A) was sustained in the performance of the
applicant's duties as a peace officer; and
(B) is a total disability resulting in permanent
incapacity for work; and
(2) any other information or evidence the attorney
general requires. (Code Crim. Proc., Art. 56.542(e).)
Art. 56B.259. HEARING. The attorney general may approve
the application without a hearing or may conduct a hearing under
Article 56B.056. (Code Crim. Proc., Art. 56.542(f) (part).)
Art. 56B.260. JUDICIAL REVIEW. The decision of the
attorney general is subject to judicial review under Subchapter H.
(Code Crim. Proc., Art. 56.542(f) (part).)
Art. 56B.261. PERIODIC REVIEW. The attorney general may
appoint a panel of physicians to periodically review each
application for assistance under this subchapter to ensure the
validity of the application and the necessity of continued
assistance to the peace officer. (Code Crim. Proc., Art.
56.542(g).)
Art. 56B.262. ISSUANCE OF WARRANT FOR PAYMENT. (a) The
attorney general shall notify the comptroller of the attorney
general's determination that a claim under this subchapter is valid
and justifies payment. On receipt of the notice, the comptroller
shall issue a warrant to or on behalf of the peace officer in the
proper amount from amounts in the compensation to victims of crime
fund. A payment under this subchapter to or on behalf of a peace
officer is payable as soon as possible after the attorney general
notifies the comptroller.
(b) The attorney general and the comptroller by rule shall
adopt a memorandum of understanding to establish procedures under
which annual payments continue to a peace officer until continued
assistance is no longer necessary. (Code Crim. Proc., Arts.
56.542(h), (i).)
Art. 56B.263. LIMITS ON COMPENSATION. The total aggregate
amount of all annual payments made to an individual peace officer
under this subchapter may not exceed $200,000. The limits on
compensation imposed by Article 56B.106 do not apply to payments
made under this subchapter. (Code Crim. Proc., Art. 56.542(k).)
Art. 56B.264. APPLICATION OF OTHER LAW. (a) Article
56B.052 does not apply to the filing of an application under this
subchapter.
(b) Other provisions of this chapter apply to this
subchapter to the extent applicable and consistent with this
subchapter. (Code Crim. Proc., Art. 56.542(j).)
SUBCHAPTER G. ATTORNEY'S FEES
Art. 56B.301. AWARD OF ATTORNEY'S FEES. (a) As part of an
order, the attorney general shall determine and award reasonable
attorney's fees commensurate with legal services rendered, to be
paid by the state to the attorney representing the claimant or
victim.
(b) Attorney's fees may be denied on a finding that the
claim or appeal is frivolous.
(c) An award of attorney's fees is in addition to an award of
compensation.
(d) Attorney's fees may not be paid to an attorney of a
claimant or victim unless an award is made to the claimant or
victim. (Code Crim. Proc., Arts. 56.43(a) (part), (b), (c), (e).)
Art. 56B.302. AMOUNT OF ATTORNEY'S FEES. (a) Attorney's
fees may not exceed 25 percent of the amount of the award the
attorney assisted the claimant or victim in obtaining.
(b) If there is no dispute of the attorney general's
determination of the amount due to the claimant or victim and a
hearing is not held, the attorney's fee shall be the lesser of:
(1) 25 percent of the amount the attorney assisted the
claimant or victim in obtaining; or
(2) $300.
(c) An attorney may not contract for or receive an amount
that exceeds the amount allowed under this article. (Code Crim.
Proc., Arts. 56.43(a) (part), (d).)
SUBCHAPTER H. JUDICIAL REVIEW
Art. 56B.351. NOTICE OF DISSATISFACTION. Not later than
the 40th day after the date the attorney general renders a final
decision, a claimant or victim may file with the attorney general a
notice of dissatisfaction with the decision. (Code Crim. Proc.,
Art. 56.48(a) (part).)
Art. 56B.352. SUIT; VENUE. Not later than the 40th day
after the date the claimant or victim gives notice of
dissatisfaction under Article 56B.351, the claimant or victim must
bring suit in:
(1) the district court having jurisdiction in the
county in which:
(A) the injury or death occurred; or
(B) the victim resided at the time of the injury
or death; or
(2) if the victim resided out of state at the time of
the injury or death:
(A) the district court having jurisdiction in the
county in which the injury or death occurred; or
(B) a district court in Travis County. (Code
Crim. Proc., Art. 56.48(a) (part).)
Art. 56B.353. RESTRICTIONS ON ATTORNEY GENERAL DURING
JUDICIAL REVIEW. While judicial review of a decision by the
attorney general is pending, the attorney general:
(1) shall suspend payments to the claimant or victim;
and
(2) may not reconsider the award. (Code Crim. Proc.,
Art. 56.48(b).)
Art. 56B.354. STANDARD OF REVIEW. The court shall
determine the issues by trial de novo. (Code Crim. Proc., Art.
56.48(c) (part).)
Art. 56B.355. BURDEN OF PROOF. The burden of proof is on
the claimant or victim filing the notice of dissatisfaction. (Code
Crim. Proc., Art. 56.48(c) (part).)
Art. 56B.356. ATTORNEY'S FEES. In the event of judicial
review, a court may award as attorney's fees an amount not to exceed
25 percent of the total recovery by the claimant or victim. (Code
Crim. Proc., Art. 56.48(d).)
Art. 56B.357. CALCULATION OF TIME. In calculating a period
under Article 56B.351 or 56B.352, if the last day is a legal holiday
or Sunday, the last day is not counted, and the time is extended to
include the next business day. (Code Crim. Proc., Art. 56.48(e).)
SUBCHAPTER I. PRIVATE ACTION
Art. 56B.401. NOTICE OF PROPOSED PRIVATE ACTION. Before a
claimant or victim may bring an action to recover damages related to
criminally injurious conduct for which compensation under this
chapter is claimed or awarded, the claimant or victim must give the
attorney general written notice of the proposed action. (Code
Crim. Proc., Art. 56.52(a) (part).)
Art. 56B.402. RECEIPT OF NOTICE. After receiving notice
under Article 56B.401, the attorney general shall promptly:
(1) join in the action as a party plaintiff to recover
benefits awarded;
(2) require the claimant or victim to bring the action
in the claimant's or victim's name as a trustee on behalf of the
state to recover benefits awarded; or
(3) reserve the attorney general's rights and take
neither action described by Subdivision (1) or (2). (Code Crim.
Proc., Art. 56.52(a) (part).)
Art. 56B.403. DEDUCTION FOR REASONABLE EXPENSES. (a) A
claimant or victim who brings an action as a trustee as described by
Article 56B.402(2) and recovers compensation awarded by the
attorney general may deduct from the benefits recovered on behalf
of the state the reasonable expenses of the suit, including
attorney's fees, expended in pursuing the recovery for the state.
(b) The claimant or victim must justify a deduction under
Subsection (a) to the attorney general in writing on a form provided
by the attorney general. (Code Crim. Proc., Art. 56.52(b).)
Art. 56B.404. LIMITATIONS ON RESOLUTION OF ACTION. (a) A
claimant or victim may not settle or otherwise resolve any such
action without the attorney general's written authorization.
(b) A third party or agent, insurer, or attorney of a third
party may not participate in the settlement or other resolution of
such an action if the third party, agent, insurer, or attorney
actually knows, or should know, that the claimant or victim has
received money from the compensation to victims of crime fund and is
subject to the subrogation provisions of this subchapter.
(c) Any attempt by a third party or agent, insurer, or
attorney of a third party to settle an action is void and does not
result in a release from liability to the compensation to victims of
crime fund for any rights subrogated under this subchapter.
(d) An agent, insurer, or attorney described by this article
is personally liable to the compensation to victims of crime fund
for any money paid to a claimant or victim in violation of this
article, in an amount not to exceed the full amount of the fund's
right to reimbursement. (Code Crim. Proc., Art. 56.52(c) (part).)
Art. 56B.405. CRIMINAL PENALTY. (a) A claimant, victim, or
third party, or an agent, insurer, or attorney of a third party,
commits an offense if the person knowingly fails to comply with the
requirements of this chapter, Chapter 56A, or Subchapter B, Chapter
58.
(b) An offense under Subsection (a) is a Class B
misdemeanor, except that any fine imposed may not exceed $500.
(Code Crim. Proc., Arts. 56.52(c) (part), (d).)
SUBCHAPTER J. FUNDS
Art. 56B.451. DEFINITION. In this subchapter, "fund" means
the compensation to victims of crime fund. (New.)
Art. 56B.452. ESTABLISHMENT. (a) The compensation to
victims of crime fund is in the state treasury.
(b) Section 403.095, Government Code, does not apply to the
fund. (Code Crim. Proc., Arts. 56.54(a), (g) (part).)
Art. 56B.453. USE OF MONEY. (a) Money in the fund may be
used only as provided by this chapter and is not available for any
other purpose.
(b) Except as provided by Subsection (d) and Articles
56B.455, 56B.458, 56B.459, and 56B.460, the fund may be used only by
the attorney general to pay compensation to claimants or victims
under this chapter.
(c) For purposes of Subsection (b), compensation to
claimants or victims includes money allocated from the fund to the
Crime Victims' Institute created by Section 96.65, Education Code,
for the operation of the institute and for other expenses in
administering this chapter. The institute shall use money
allocated from the fund only for the purposes of Sections 96.65,
96.651, and 96.652, Education Code.
(d) The attorney general may use the fund to:
(1) reimburse a law enforcement agency for the
reasonable costs of a forensic medical examination that are
incurred by the agency under Subchapter F or G, Chapter 56A; and
(2) make a payment to or on behalf of an individual for
the reasonable costs incurred for medical care provided under
Subchapter F or G, Chapter 56A, in accordance with Section 323.004,
Health and Safety Code. (Code Crim. Proc., Arts. 56.54(b), (g)
(part), (k).)
Art. 56B.454. LIMITATIONS ON PAYMENTS. (a) The attorney
general may not make compensation payments that exceed the amount
of money available in the fund.
(b) General revenue funds may not be used for payments under
this chapter. (Code Crim. Proc., Arts. 56.54(d), (e).)
Art. 56B.455. AMOUNT CARRIED FORWARD. An amount of money
deposited to the credit of the fund not to exceed one-quarter of the
amount disbursed from that fund in the form of compensation
payments during a state fiscal year shall be carried forward into
the next succeeding state fiscal year and applied toward the amount
listed in that fiscal year's method of financing. (Code Crim.
Proc., Art. 56.54(h).)
Art. 56B.456. TRANSFER OF MONEY FROM AUXILIARY FUND. (a)
Not later than September 15 of each year, the attorney general,
after consulting with the comptroller, shall certify the amount of
money remaining in the compensation to victims of crime auxiliary
fund at the end of the preceding state fiscal year.
(b) If the amount remaining in the compensation to victims
of crime auxiliary fund as certified under Subsection (a) exceeds
$5 million, as soon as practicable after the date of certification,
the attorney general may transfer to the fund an amount that is not
more than 50 percent of the excess amount in the auxiliary fund.
Money transferred under this subsection may be used only to make
compensation payments during the state fiscal year in which the
amount is transferred. (Code Crim. Proc., Art. 56.54(m).)
Art. 56B.457. GIFTS, GRANTS, AND DONATIONS. (a) The
attorney general may accept gifts, grants, and donations to be
credited to the fund.
(b) The attorney general shall file annually with the
governor and the presiding officer of each house of the legislature
a complete and detailed written report accounting for all gifts,
grants, and donations received and disbursed, used, or maintained
by the attorney general that are credited to the fund. (Code Crim.
Proc., Art. 56.54(f).)
Art. 56B.458. EMERGENCY RESERVE. (a) If the amount
available in the fund is sufficient in a state fiscal year to make
all compensation payments, the attorney general may retain any
portion of the fund that was deposited during the fiscal year that
exceeded compensation payments made during that fiscal year as an
emergency reserve for the next fiscal year. The emergency reserve
may not exceed $10,000,000.
(b) The emergency reserve may be used only:
(1) to make compensation awards in claims; and
(2) to provide emergency relief and assistance,
including crisis intervention, emergency housing, travel, food, or
expenses and technical assistance expenses incurred in
implementing this article in incidents resulting from an act of
mass violence or from an act of international terrorism as defined
by 18 U.S.C. Section 2331, occurring in this state or for Texas
residents injured or killed in an act of terrorism outside of the
United States. (Code Crim. Proc., Art. 56.54(i).)
Art. 56B.459. APPROPRIATION FOR ASSOCIATE JUDGE PROGRAM.
The legislature may appropriate money in the fund to administer the
associate judge program under Subchapter C, Chapter 201, Family
Code. (Code Crim. Proc., Art. 56.54(j).)
Art. 56B.460. APPROPRIATION FOR OTHER CRIME VICTIM
ASSISTANCE. (a) Not later than December 15 of each even-numbered
year, the attorney general, after consulting with the comptroller,
shall prepare forecasts and certify estimates of:
(1) the amount of money in the fund that the attorney
general anticipates will remain unexpended at the end of the
current state fiscal year and that is available for appropriation
in the next state fiscal biennium;
(2) the amount of money that the attorney general
anticipates will be received from deposits made to the credit of the
fund during the next state fiscal biennium, other than deposits of:
(A) gifts, grants, and donations; and
(B) money received from the United States; and
(3) the amount of money from the fund that the attorney
general anticipates will be obligated during the next state fiscal
biennium to comply with this chapter, Chapter 56A, and Subchapter
B, Chapter 58.
(b) At the time the attorney general certifies the estimates
made under Subsection (a), the attorney general shall also certify
for the next state fiscal biennium the amount of excess money in the
fund available for the purposes of Subsection (c), calculated by
multiplying the amount estimated under Subsection (a)(3) by 105
percent and subtracting that product from the sum of the amounts
estimated under Subsections (a)(1) and (2).
(c) For a state fiscal biennium, the legislature may
appropriate from the fund the amount of excess money in the fund
certified for the biennium under Subsection (b) to state agencies
that deliver or fund victim-related services or assistance.
(d) The attorney general and the comptroller shall
cooperate in determining the proper allocation of the various
sources of revenue deposited to the credit of the fund for purposes
of this article.
(e) The attorney general may use money appropriated from the
fund for grants or contracts supporting victim-related services or
assistance, including support for private Texas nonprofit
corporations that provide victim-related civil legal services
directly to victims, immediate family members of victims, or
claimants. A grant supporting victim-related services or
assistance is governed by Chapter 783, Government Code.
(f) The attorney general shall adopt rules necessary to
implement this article. (Code Crim. Proc., Art. 56.541.)
Art. 56B.461. USE OF AUXILIARY FUND. As appropriated by the
legislature, the attorney general may use the compensation to
victims of crime auxiliary fund to cover costs incurred by the
attorney general in administering the address confidentiality
program established under Subchapter B, Chapter 58. (Code Crim.
Proc., Art. 56.54(l).)
Art. 56B.462. PAYERS OF LAST RESORT. The fund and the
compensation to victims of crime auxiliary fund are the payers of
last resort. (Code Crim. Proc., Art. 56.34(f).)
SUBCHAPTER K. ADMINISTRATIVE PENALTY
Art. 56B.501. CONDUCT SUBJECT TO PENALTY; AMOUNT OF
PENALTY. (a) A person who presents to the attorney general, or
engages in conduct that results in the presentation to the attorney
general of, an application for compensation under this chapter that
contains a statement or representation the person knows to be false
is liable to the attorney general for:
(1) the amount paid in reliance on the application,
plus interest on that amount determined at the rate provided by law
for legal judgments and accruing from the date on which the payment
was made;
(2) payment of an administrative penalty in an amount
not to exceed twice the amount paid as a result of the false
application for benefits or claim for pecuniary loss; and
(3) payment of an administrative penalty in an amount
not to exceed $10,000 for each item or service for which payment was
claimed.
(b) In determining the amount of the penalty to be assessed
under Subsection (a)(3), the attorney general shall consider:
(1) the seriousness of the violation;
(2) whether the person has previously submitted a
false application for benefits or a claim for pecuniary loss; and
(3) the amount necessary to deter the person from
submitting future false applications for benefits or claims for
pecuniary loss. (Code Crim. Proc., Arts. 56.64(a), (b).)
Art. 56B.502. REPORT AND NOTICE OF VIOLATION AND PENALTY.
(a) On determining that a violation has occurred, the attorney
general may issue a report stating:
(1) the facts on which the determination is made; and
(2) the attorney general's recommendation on the
imposition of an administrative penalty, including a
recommendation on the amount of the penalty.
(b) The attorney general shall give written notice of the
report to the person described by Article 56B.501. The notice may
be given by certified mail and must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the recommended penalty; and
(3) inform the person of the right to a hearing on the
occurrence of the violation, the amount of the penalty, or both.
(Code Crim. Proc., Arts. 56.64(c), (d).)
Art. 56B.503. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
Not later than the 20th day after the date the person receives the
notice, the person in writing may:
(1) accept the attorney general's determination and
recommended administrative penalty; or
(2) request a hearing on the occurrence of the
violation, the amount of the penalty, or both.
(b) If the person accepts the attorney general's
determination and recommended penalty, the attorney general by
order shall approve the determination and impose the recommended
penalty. (Code Crim. Proc., Arts. 56.64(e), (f).)
Art. 56B.504. HEARING. (a) If the person requests a
hearing as provided by Article 56B.503(a) or fails to respond to the
notice in a timely manner, the attorney general shall set a
contested case hearing under Chapter 2001, Government Code, and
notify the person of the hearing.
(b) The administrative law judge shall make findings of fact
and conclusions of law and promptly issue to the attorney general a
proposal for a decision regarding the occurrence of the violation
and the amount of a proposed administrative penalty. (Code Crim.
Proc., Art. 56.64(g) (part).)
Art. 56B.505. DECISION BY ATTORNEY GENERAL. (a) Based on
the findings of fact, conclusions of law, and proposal for a
decision, the attorney general by order may find that:
(1) a violation occurred and impose an administrative
penalty; or
(2) a violation did not occur.
(b) Notice of the attorney general's order given to the
person under Chapter 2001, Government Code, must include a
statement of the person's right to judicial review of the order.
(Code Crim. Proc., Arts. 56.64(g) (part), (h).)
Art. 56B.506. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
(a) Not later than the 30th day after the date the attorney
general's order becomes final under Section 2001.144, Government
Code, the person shall:
(1) pay the administrative penalty;
(2) pay the penalty and file a petition for judicial
review contesting the occurrence of the violation, the amount of
the penalty, or both; or
(3) without paying the penalty, file a petition for
judicial review contesting the occurrence of the violation, the
amount of the penalty, or both.
(b) Within the 30-day period, a person who acts under
Subsection (a)(3) may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement
in an escrow account; or
(B) giving to the court a supersedeas bond that
is approved by the court and that is:
(i) for the amount of the penalty; and
(ii) effective until judicial review of the
attorney general's order is final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to pay the
penalty or give the supersedeas bond; and
(B) delivering a copy of the affidavit to the
attorney general by certified mail.
(c) On receipt by the attorney general of a copy of an
affidavit under Subsection (b)(2), the attorney general may file
with the court a contest to the affidavit not later than the fifth
day after the date the copy is received.
(d) The court shall hold a hearing on the facts alleged in
the affidavit as soon as practicable and shall stay the enforcement
of the penalty on finding that the alleged facts are true. A person
who files an affidavit under Subsection (b)(2) has the burden of
proving that the person is financially unable to pay the penalty or
give a supersedeas bond. (Code Crim. Proc., Arts. 56.64(i), (j),
(k).)
Art. 56B.507. COLLECTION OF PENALTY. If the person does not
pay the administrative penalty and the enforcement of the penalty
is not stayed, the attorney general may file suit to collect the
penalty. (Code Crim. Proc., Art. 56.64(l).)
Art. 56B.508. DECISION BY COURT. (a) If the court sustains
the finding that a violation occurred, the court may order the
person to pay the full or a reduced administrative penalty.
(b) If the court does not sustain the finding that a
violation occurred, the court shall order that a penalty is not
owed. (Code Crim. Proc., Art. 56.64(n).)
Art. 56B.509. REMITTANCE OF PENALTY AND INTEREST. (a) If
the person paid the administrative penalty and the amount is
reduced or is not upheld by the court, the court shall order that
the appropriate amount plus accrued interest be remitted to the
person.
(b) The interest accrues at the rate charged on loans to
depository institutions by the New York Federal Reserve Bank. The
interest shall be paid for the period beginning on the date the
penalty was paid and ending on the date the penalty is remitted.
(Code Crim. Proc., Art. 56.64(o) (part).)
Art. 56B.510. RELEASE OF BOND. (a) If the person gave a
supersedeas bond and the administrative penalty is not upheld by
the court, the court shall order the release of the bond.
(b) If the person gave a supersedeas bond and the amount of
the penalty is reduced, the court shall order the release of the
bond after the person pays the amount. (Code Crim. Proc., Art.
56.64(o) (part).)
Art. 56B.511. DISPOSITION OF PENALTY. An administrative
penalty collected under this subchapter shall be sent to the
comptroller and deposited to the credit of the compensation to
victims of crime fund. (Code Crim. Proc., Art. 56.64(p).)
Art. 56B.512. RECOVERY OF EXPENSES. In addition to the
administrative penalty authorized by this subchapter, the attorney
general may recover all expenses incurred by the attorney general
in the investigation, institution, and prosecution of the suit,
including investigative costs, witness fees, attorney's fees, and
deposition expenses. (Code Crim. Proc., Art. 56.64(r).)
Art. 56B.513. ADMINISTRATIVE PROCEDURE. A proceeding under
this subchapter is subject to Chapter 2001, Government Code. (Code
Crim. Proc., Art. 56.64(q).)
SUBCHAPTER L. OTHER PENALTIES AND SANCTIONS
Art. 56B.551. LETTER OF REPRIMAND. (a) The attorney
general may issue a letter of reprimand against an individual who
the attorney general finds has filed or has caused to be filed under
this chapter an application for benefits or claim for pecuniary
loss that contains a statement or representation that the
individual knows is false.
(b) The attorney general must give the individual notice of
the proposed action before issuing the letter.
(c) An individual may challenge the denial of compensation
and the issuance of a letter of reprimand in a contested case
hearing under Chapter 2001, Government Code.
(d) A letter of reprimand issued under this article is
public information. (Code Crim. Proc., Art. 56.62.)
Art. 56B.552. CIVIL PENALTY. (a) A person is subject to a
civil penalty of not less than $2,500 or more than $25,000 for each
application for compensation that:
(1) is filed under this chapter by the person or as a
result of the person's conduct; and
(2) contains a material statement or representation
that the person knows is false.
(b) The attorney general shall institute and conduct a suit
to collect on behalf of the state the civil penalty authorized by
this article.
(c) A civil penalty recovered under this article shall be
deposited to the credit of the compensation to victims of crime
fund.
(d) The civil penalty authorized by this article is in
addition to any other civil, administrative, or criminal penalty
provided by law.
(e) In addition to the civil penalty authorized by this
article, the attorney general may recover expenses incurred by the
attorney general in the investigation, institution, and
prosecution of the suit, including investigative costs, witness
fees, attorney's fees, and deposition expenses. (Code Crim. Proc.,
Art. 56.63.)
SECTION 1.07. Title 1, Code of Criminal Procedure, is amended by adding Chapter 58 to read as follows:
CHAPTER 58. CONFIDENTIALITY OF IDENTIFYING INFORMATION AND MEDICAL
RECORDS OF CERTAIN CRIME VICTIMS
SUBCHAPTER A. GENERAL PROVISIONS
Art. 58.001. GENERAL DEFINITIONS
SUBCHAPTER B. ADDRESS CONFIDENTIALITY PROGRAM FOR CERTAIN CRIME
VICTIMS
Art. 58.051. DEFINITIONS
Art. 58.052. ADDRESS CONFIDENTIALITY PROGRAM
Art. 58.053. AGENCY ACCEPTANCE OF SUBSTITUTE ADDRESS
REQUIRED; EXEMPTIONS
Art. 58.054. ELIGIBILITY
Art. 58.055. APPLICATION
Art. 58.056. APPLICATION AND ELIGIBILITY RULES AND
PROCEDURES
Art. 58.057. FALSE STATEMENT ON APPLICATION
Art. 58.058. EXCLUSION FROM PARTICIPATION IN PROGRAM;
WITHDRAWAL
Art. 58.059. CERTIFICATION OF PARTICIPATION IN PROGRAM
Art. 58.060. CONFIDENTIALITY OF PARTICIPANT
INFORMATION; DESTRUCTION OF INFORMATION
Art. 58.061. EXCEPTIONS
Art. 58.062. LIABILITY
SUBCHAPTER C. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF SEX
OFFENSE VICTIMS
Art. 58.101. DEFINITION
Art. 58.102. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM
Art. 58.103. VICTIM INFORMATION CONFIDENTIAL
Art. 58.104. COURT-ORDERED DISCLOSURE OF VICTIM
INFORMATION
Art. 58.105. DISCLOSURE OF CERTAIN CHILD VICTIM
INFORMATION PROHIBITED
Art. 58.106. DISCLOSURE OF INFORMATION OF CONFINED
VICTIM
Art. 58.107. OFFENSE
SUBCHAPTER D. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
VICTIMS OF STALKING
Art. 58.151. DEFINITION
Art. 58.152. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM
Art. 58.153. VICTIM INFORMATION CONFIDENTIAL
Art. 58.154. COURT-ORDERED DISCLOSURE OF VICTIM
INFORMATION
Art. 58.155. DISCLOSURE OF CERTAIN CHILD VICTIM
INFORMATION PROHIBITED
Art. 58.156. OFFENSE
Art. 58.157. EFFECT ON OTHER LAW
SUBCHAPTER E. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
VICTIMS OF FAMILY VIOLENCE
Art. 58.201. DEFINITION
Art. 58.202. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM
Art. 58.203. VICTIM INFORMATION CONFIDENTIAL
Art. 58.204. COURT-ORDERED DISCLOSURE OF VICTIM
INFORMATION
Art. 58.205. DISCLOSURE OF CERTAIN CHILD VICTIM
INFORMATION PROHIBITED
Art. 58.206. OFFENSE
Art. 58.207. APPLICABILITY OF SUBCHAPTER TO DEPARTMENT
OF FAMILY AND PROTECTIVE SERVICES
Art. 58.208. APPLICABILITY OF SUBCHAPTER TO POLITICAL
SUBDIVISIONS
SUBCHAPTER F. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
VICTIMS OF TRAFFICKING OF PERSONS
Art. 58.251. DEFINITION
Art. 58.252. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM
Art. 58.253. VICTIM INFORMATION CONFIDENTIAL
Art. 58.254. COURT-ORDERED DISCLOSURE OF VICTIM
INFORMATION
Art. 58.255. DISCLOSURE OF CHILD VICTIM INFORMATION
PROHIBITED
Art. 58.256. OFFENSE
SUBCHAPTER G. SEALING OF MEDICAL RECORDS OF CERTAIN CHILD VICTIMS
Art. 58.301. DEFINITIONS
Art. 58.302. SEALING OF MEDICAL RECORDS
Art. 58.303. ACCESS TO SEALED MEDICAL RECORDS
Art. 58.304. LIABILITY
CHAPTER 58. CONFIDENTIALITY OF IDENTIFYING INFORMATION AND MEDICAL
RECORDS OF CERTAIN CRIME VICTIMS
SUBCHAPTER A. GENERAL PROVISIONS
Art. 58.001. GENERAL DEFINITIONS. In this chapter:
(1) "Name" means the legal name of a person.
(2) "Pseudonym" means a set of initials or a
fictitious name chosen by a victim to designate the victim in all
public files and records concerning the offense, including police
summary reports, press releases, and records of judicial
proceedings.
(3) "Public servant" has the meaning assigned by
Section 1.07(a), Penal Code. (Code Crim. Proc., Arts. 57.01(1),
(2), (3), 57A.01(1), (2), (3), 57B.01(1), (2), (3), 57D.01(1), (2),
(3).)
SUBCHAPTER B. ADDRESS CONFIDENTIALITY PROGRAM FOR CERTAIN CRIME
VICTIMS
Art. 58.051. DEFINITIONS. In this subchapter:
(1) "Applicant" means a person who applies to
participate in the program.
(2) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(3) "Family violence shelter center" has the meaning
assigned by Section 51.002, Human Resources Code.
(4) "Household" has the meaning assigned by Section
71.005, Family Code.
(5) "Mail" means first class mail and any mail sent by
a government agency. The term does not include a package,
regardless of size or type of mailing.
(6) "Participant" means an applicant who is certified
for participation in the program.
(7) "Program" means the address confidentiality
program created under this subchapter.
(8) "Sexual abuse" means any conduct that constitutes
an offense under Section 21.02, 21.11, or 25.02, Penal Code.
(9) "Sexual assault" means any conduct that
constitutes an offense under Section 22.011 or 22.021, Penal Code.
(10) "Stalking" means any conduct that constitutes an
offense under Section 42.072, Penal Code.
(11) "Trafficking of persons" means any conduct that:
(A) constitutes an offense under Section 20A.02,
20A.03, 43.03, 43.04, 43.05, 43.25, 43.251, or 43.26, Penal Code;
and
(B) results in a person:
(i) engaging in forced labor or services;
or
(ii) otherwise becoming a victim of the
offense. (Code Crim. Proc., Art. 56.81.)
Art. 58.052. ADDRESS CONFIDENTIALITY PROGRAM. (a) The
attorney general shall establish an address confidentiality
program, as provided by this subchapter, to assist a victim of
family violence, sexual assault or abuse, stalking, or trafficking
of persons in maintaining a confidential address.
(b) The attorney general shall:
(1) designate a substitute post office box address
that a participant may use in place of the participant's true
residential, business, or school address;
(2) act as agent to receive service of process and mail
on behalf of the participant; and
(3) forward to the participant mail received by the
office of the attorney general on behalf of the participant.
(c) A summons, writ, notice, demand, or process may be
served on the attorney general on behalf of the participant by
delivery of two copies of the document to the office of the attorney
general. The attorney general shall retain a copy of the summons,
writ, notice, demand, or process and forward the original to the
participant not later than the third day after the date of service
on the attorney general.
(d) The attorney general shall make and retain a copy of the
envelope in which certified mail is received on behalf of the
participant.
(e) The attorney general shall adopt rules to administer the
program. (Code Crim. Proc., Arts. 56.82, 56.93.)
Art. 58.053. AGENCY ACCEPTANCE OF SUBSTITUTE ADDRESS
REQUIRED; EXEMPTIONS. (a) Except as provided by Subsection (b), a
state or local agency must accept the substitute post office box
address designated by the attorney general if the substitute
address is presented to the agency by a participant in place of the
participant's true residential, business, or school address.
(b) The attorney general by rule may permit an agency to
require a participant to provide the participant's true
residential, business, or school address, if necessary for the
agency to perform a duty or function that is imposed by law or
administrative requirement. (Code Crim. Proc., Art. 56.89.)
Art. 58.054. ELIGIBILITY. To be eligible to participate in
the program:
(1) an applicant must:
(A) meet with a victim's assistance counselor
from a state or local agency or other for-profit or nonprofit entity
that is identified by the attorney general as an entity that
provides shelter or civil legal services or counseling to victims
of family violence, sexual assault or abuse, stalking, or
trafficking of persons;
(B) be protected under, or be filing an
application on behalf of a victim who is the applicant's child or
another person in the applicant's household and who is protected
under:
(i) a temporary injunction issued under
Subchapter F, Chapter 6, Family Code;
(ii) a temporary ex parte order issued
under Chapter 83, Family Code;
(iii) an order issued under Subchapter A or
B, Chapter 7B, of this code or Chapter 85, Family Code; or
(iv) a magistrate's order for emergency
protection issued under Article 17.292; or
(C) possess documentation of family violence, as
identified by the rules adopted under Article 58.056, or of sexual
assault or abuse or stalking, as described by Section 92.0161,
Property Code; and
(2) an applicant must:
(A) file an application for participation with
the attorney general or a state or local agency or other entity
identified by the attorney general under Subdivision (1);
(B) file an affirmation that the applicant has
discussed safety planning with a victim's assistance counselor
described by Subdivision (1)(A);
(C) designate the attorney general as agent to
receive service of process and mail on behalf of the applicant; and
(D) live at a residential address, or relocate to
a residential address, that is unknown to the person who committed
or is alleged to have committed the family violence, sexual assault
or abuse, stalking, or trafficking of persons. (Code Crim. Proc.,
Art. 56.83(a).)
Art. 58.055. APPLICATION. (a) An application under
Article 58.054(2)(A) must contain:
(1) a signed, sworn statement by the applicant stating
that the applicant fears for the safety of the applicant, the
applicant's child, or another person in the applicant's household
because of a threat of immediate or future harm caused by the person
who committed or is alleged to have committed the family violence,
sexual assault or abuse, stalking, or trafficking of persons;
(2) the applicant's true residential address and, if
applicable, the applicant's business and school addresses; and
(3) a statement by the applicant of whether there is an
existing court order or a pending court case for child support or
child custody or visitation that involves the applicant, the
applicant's child, or another person in the applicant's household
and, if so, the name and address of:
(A) the legal counsel of record; and
(B) each parent involved in the court order or
pending case.
(b) An application under Article 58.054(2)(A) must be
completed by the applicant in person at the state or local agency or
other entity with which the application is filed.
(c) A state or local agency or other entity with which an
application is filed under Article 58.054(2)(A) shall forward the
application to the office of the attorney general.
(d) Any assistance or counseling provided by the attorney
general or an employee or agent of the attorney general to an
applicant does not constitute legal advice.
(e) The attorney general shall make program information and
application materials available online. (Code Crim. Proc., Arts.
56.83(b), (c) (part), (d), (f), 56.92.)
Art. 58.056. APPLICATION AND ELIGIBILITY RULES AND
PROCEDURES. (a) The attorney general may establish procedures for
requiring an applicant, in appropriate circumstances, to submit
with the application under Article 58.054(2)(A) independent
documentary evidence of family violence, sexual assault or abuse,
stalking, or trafficking of persons in the form of:
(1) an active or recently issued order described by
Article 58.054(1)(B);
(2) an incident report or other record maintained by a
law enforcement agency or official;
(3) a statement of a physician or other health care
provider regarding the medical condition of the applicant,
applicant's child, or other person in the applicant's household as a
result of the family violence, sexual assault or abuse, stalking,
or trafficking of persons;
(4) a statement of a mental health professional, a
member of the clergy, an attorney or other legal advocate, a trained
staff member of a family violence center, or another professional
who has assisted the applicant, applicant's child, or other person
in the applicant's household in addressing the effects of the
family violence, sexual assault or abuse, stalking, or trafficking
of persons; or
(5) any other independent documentary evidence
necessary to show the applicant's eligibility to participate in the
program.
(b) The attorney general by rule may establish additional
eligibility requirements for participation in the program that are
consistent with the purpose of the program as stated in Article
58.052(a). (Code Crim. Proc., Arts. 56.83(e), (e-1).)
Art. 58.057. FALSE STATEMENT ON APPLICATION. (a) An
applicant who knowingly or intentionally makes a false statement in
an application under Article 58.054(2)(A) is subject to prosecution
under Chapter 37, Penal Code.
(b) An applicant is ineligible for, and a participant may be
excluded from, participation in the program if the applicant or
participant knowingly makes a false statement on an application
filed under Article 58.054(2)(A). (Code Crim. Proc., Arts.
56.83(c) (part), 56.86(a).)
Art. 58.058. EXCLUSION FROM PARTICIPATION IN PROGRAM;
WITHDRAWAL. (a) A participant may be excluded from participation
in the program if:
(1) mail forwarded to the participant by the attorney
general is returned undeliverable on at least four occasions;
(2) the participant changes the participant's true
residential address as provided in the application filed under
Article 58.054(2)(A) and does not notify the attorney general of
the change at least 10 days before the date of the change; or
(3) the participant changes the participant's name.
(b) A participant may withdraw from the program by notifying
the attorney general in writing of the withdrawal. (Code Crim.
Proc., Arts. 56.86(b), 56.87.)
Art. 58.059. CERTIFICATION OF PARTICIPATION IN PROGRAM.
(a) The attorney general shall certify for participation in the
program an applicant who satisfies the eligibility requirements
under Articles 58.054 and 58.056(b).
(b) A certification under this article expires on the third
anniversary of the date of certification.
(c) To renew a certification under this article, a
participant must satisfy the eligibility requirements under
Articles 58.054 and 58.056(b) as if the participant were originally
applying for participation in the program. (Code Crim. Proc.,
Arts. 56.84, 56.85.)
Art. 58.060. CONFIDENTIALITY OF PARTICIPANT INFORMATION;
DESTRUCTION OF INFORMATION. (a) Information relating to a
participant:
(1) is confidential, except as provided by Article
58.061; and
(2) may not be disclosed under Chapter 552, Government
Code.
(b) Except as provided by Article 58.052(d), the attorney
general may not make a copy of any mail received by the office of the
attorney general on behalf of the participant.
(c) The attorney general shall destroy all information
relating to a participant on the third anniversary of the date the
participant's participation in the program ends. (Code Crim.
Proc., Art. 56.88.)
Art. 58.061. EXCEPTIONS. (a) The attorney general shall
disclose a participant's true residential, business, or school
address if:
(1) requested by:
(A) a law enforcement agency for the purpose of
conducting an investigation;
(B) the Department of Family and Protective
Services for the purpose of conducting a child protective services
investigation under Chapter 261, Family Code; or
(C) the Department of State Health Services or a
local health authority for the purpose of making a notification
described by Article 21.31 of this code, Section 54.033, Family
Code, or Section 81.051, Health and Safety Code; or
(2) required by court order.
(b) The attorney general may disclose a participant's true
residential, business, or school address if:
(1) the participant consents to the disclosure; and
(2) the disclosure is necessary to administer the
program.
(c) A person to whom a participant's true residential,
business, or school address is disclosed under this article shall
maintain the requested information in a manner that protects the
confidentiality of the participant's true residential, business,
or school address. (Code Crim. Proc., Art. 56.90.)
Art. 58.062. LIABILITY. (a) The attorney general or an
agent or employee of the attorney general is immune from liability
for any act or omission by the agent or employee in administering
the program if the agent or employee was acting in good faith and in
the course and scope of assigned responsibilities and duties.
(b) An agent or employee of the attorney general who does
not act in good faith and in the course and scope of assigned
responsibilities and duties in disclosing a participant's true
residential, business, or school address is subject to prosecution
under Chapter 39, Penal Code. (Code Crim. Proc., Art. 56.91.)
SUBCHAPTER C. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF SEX
OFFENSE VICTIMS
Art. 58.101. DEFINITION. In this subchapter, "victim"
means a person who was the subject of:
(1) an offense the commission of which leads to a
reportable conviction or adjudication under Chapter 62; or
(2) an offense that is part of the same criminal
episode, as defined by Section 3.01, Penal Code, as an offense
described by Subdivision (1). (Code Crim. Proc., Art. 57.01(4).)
Art. 58.102. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a)
A victim may choose a pseudonym to be used instead of the victim's
name to designate the victim in all public files and records
concerning the offense, including police summary reports, press
releases, and records of judicial proceedings. A victim who elects
to use a pseudonym as provided by this subchapter must complete a
pseudonym form developed under Subsection (b) and return the form
to the law enforcement agency investigating the offense.
(b) The Sexual Assault Prevention and Crisis Services
Program of the office of the attorney general shall develop and
distribute to all law enforcement agencies of the state a pseudonym
form to record the name, address, telephone number, and pseudonym
of a victim. (Code Crim. Proc., Arts. 57.02(a), (b).)
Art. 58.103. VICTIM INFORMATION CONFIDENTIAL. (a) A
victim who completes a pseudonym form and returns the form to the
law enforcement agency investigating the offense may not be
required to disclose the victim's name, address, and telephone
number in connection with the investigation or prosecution of the
offense.
(b) A completed and returned pseudonym form is confidential
and may not be disclosed to any person other than a defendant in the
case or the defendant's attorney, except on an order of a court.
The court finding required by Article 58.104 is not required to
disclose the confidential pseudonym form to the defendant in the
case or to the defendant's attorney.
(c) If a victim completes a pseudonym form and returns the
form to a law enforcement agency under Article 58.102(a), the law
enforcement agency receiving the form shall:
(1) remove the victim's name and substitute the
pseudonym for the name on all reports, files, and records in the
agency's possession;
(2) notify the attorney representing the state of the
pseudonym and that the victim has elected to be designated by the
pseudonym; and
(3) maintain the form in a manner that protects the
confidentiality of the information contained on the form.
(d) An attorney representing the state who receives notice
that a victim has elected to be designated by a pseudonym shall
ensure that the victim is designated by the pseudonym in all legal
proceedings concerning the offense. (Code Crim. Proc., Arts.
57.02(c), (d), (e), (f).)
Art. 58.104. COURT-ORDERED DISCLOSURE OF VICTIM
INFORMATION. A court may order the disclosure of a victim's name,
address, and telephone number only if the court finds that the
information is essential in the trial of the defendant for the
offense or the identity of the victim is in issue. (Code Crim.
Proc., Art. 57.02(g).)
Art. 58.105. DISCLOSURE OF CERTAIN CHILD VICTIM INFORMATION
PROHIBITED. Except as required or permitted by other law or by
court order, a public servant or other person who has access to or
obtains the name, address, telephone number, or other identifying
information of a victim younger than 17 years of age may not release
or disclose the identifying information to any person who is not
assisting in the investigation, prosecution, or defense of the
case. This article does not apply to the release or disclosure of a
victim's identifying information by:
(1) the victim; or
(2) the victim's parent, conservator, or guardian,
unless the parent, conservator, or guardian is a defendant in the
case. (Code Crim. Proc., Art. 57.02(h).)
Art. 58.106. DISCLOSURE OF INFORMATION OF CONFINED VICTIM.
This subchapter does not prohibit the inspector general of the
Texas Department of Criminal Justice from disclosing a victim's
identifying information to an employee of the department or the
department's ombudsperson if the victim is an inmate or state jail
defendant confined in a facility operated by or under contract with
the department. (Code Crim. Proc., Art. 57.02(i) as added Acts 80th
Leg., R.S., Chs. 619, 1217.)
Art. 58.107. OFFENSE. (a) A public servant commits an
offense if the public servant:
(1) has access to the name, address, or telephone
number of a victim 17 years of age or older who has chosen a
pseudonym under this subchapter; and
(2) knowingly discloses the name, address, or
telephone number of the victim to:
(A) a person who is not assisting in the
investigation or prosecution of the offense; or
(B) a person other than:
(i) the defendant;
(ii) the defendant's attorney; or
(iii) the person specified in the order of a
court.
(b) Unless the disclosure is required or permitted by other
law, a public servant or other person commits an offense if the
person:
(1) has access to or obtains the name, address, or
telephone number of a victim younger than 17 years of age; and
(2) knowingly discloses the name, address, or
telephone number of the victim to:
(A) a person who is not assisting in the
investigation or prosecution of the offense; or
(B) a person other than:
(i) the defendant;
(ii) the defendant's attorney; or
(iii) a person specified in an order of a
court.
(c) It is an affirmative defense to prosecution under
Subsection (b) that the actor is:
(1) the victim; or
(2) the victim's parent, conservator, or guardian,
unless the actor is a defendant in the case.
(d) It is an exception to the application of this article
that:
(1) the person who discloses the name, address, or
telephone number of a victim is the inspector general of the Texas
Department of Criminal Justice;
(2) the victim is an inmate or state jail defendant
confined in a facility operated by or under contract with the
department; and
(3) the person to whom the disclosure is made is an
employee of the department or the department's ombudsperson.
(e) An offense under this article is a Class C misdemeanor.
(Code Crim. Proc., Art. 57.03.)
SUBCHAPTER D. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
VICTIMS OF STALKING
Art. 58.151. DEFINITION. In this subchapter, "victim"
means a person who is the subject of:
(1) an offense that allegedly constitutes stalking
under Section 42.072, Penal Code; or
(2) an offense that is part of the same criminal
episode, as defined by Section 3.01, Penal Code, as an offense under
Section 42.072, Penal Code. (Code Crim. Proc., Art. 57A.01(4).)
Art. 58.152. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a)
A victim may choose a pseudonym to be used instead of the victim's
name to designate the victim in all public files and records
concerning the offense, including police summary reports, press
releases, and records of judicial proceedings. A victim who elects
to use a pseudonym as provided by this subchapter must complete a
pseudonym form developed under Subsection (b) and return the form
to the law enforcement agency investigating the offense.
(b) The office of the attorney general shall develop and
distribute to all law enforcement agencies of the state a pseudonym
form to record the name, address, telephone number, and pseudonym
of a victim. (Code Crim. Proc., Arts. 57A.02(a), (b).)
Art. 58.153. VICTIM INFORMATION CONFIDENTIAL. (a) A
victim who completes a pseudonym form and returns the form to the
law enforcement agency investigating the offense may not be
required to disclose the victim's name, address, and telephone
number in connection with the investigation or prosecution of the
offense.
(b) A completed and returned pseudonym form is confidential
and may not be disclosed to any person other than the victim
identified by the pseudonym form, a defendant in the case, or the
defendant's attorney, except on an order of a court. The court
finding required by Article 58.154 is not required to disclose the
confidential pseudonym form to the victim identified by the
pseudonym form, the defendant in the case, or the defendant's
attorney.
(c) If a victim completes a pseudonym form and returns the
form to a law enforcement agency under Article 58.152(a), the law
enforcement agency receiving the form shall:
(1) remove the victim's name and substitute the
pseudonym for the name on all reports, files, and records in the
agency's possession;
(2) notify the attorney representing the state of the
pseudonym and that the victim has elected to be designated by the
pseudonym;
(3) provide to the victim a copy of the completed
pseudonym form showing that the form was returned to the law
enforcement agency; and
(4) maintain the form in a manner that protects the
confidentiality of the information contained on the form.
(d) An attorney representing the state who receives notice
that a victim has elected to be designated by a pseudonym shall
ensure that the victim is designated by the pseudonym in all legal
proceedings concerning the offense. (Code Crim. Proc.,
Arts. 57A.02(c), (d), (e), (f).)
Art. 58.154. COURT-ORDERED DISCLOSURE OF VICTIM
INFORMATION. A court may order the disclosure of a victim's name,
address, and telephone number only if the court finds that:
(1) the information is essential in the trial of the
defendant for the offense;
(2) the identity of the victim is in issue; or
(3) the disclosure is in the best interest of the
victim. (Code Crim. Proc., Art. 57A.02(g).)
Art. 58.155. DISCLOSURE OF CERTAIN CHILD VICTIM INFORMATION
PROHIBITED. Except as required or permitted by other law or by
court order, a public servant or other person who has access to or
obtains the name, address, telephone number, or other identifying
information of a victim younger than 17 years of age may not release
or disclose the identifying information to any person who is not
assisting in the investigation, prosecution, or defense of the
case. This article does not apply to the release or disclosure of a
victim's identifying information by:
(1) the victim; or
(2) the victim's parent, conservator, or guardian,
unless the victim's parent, conservator, or guardian allegedly
committed the offense described by Article 58.151. (Code Crim.
Proc., Art. 57A.02(h).)
Art. 58.156. OFFENSE. (a) A public servant commits an
offense if the public servant:
(1) has access to the name, address, or telephone
number of a victim 17 years of age or older who has chosen a
pseudonym under this subchapter; and
(2) knowingly discloses the name, address, or
telephone number of the victim to:
(A) a person who is not assisting in the
investigation or prosecution of the offense; or
(B) a person other than:
(i) the defendant;
(ii) the defendant's attorney; or
(iii) the person specified in the order of a
court.
(b) Unless the disclosure is required or permitted by other
law, a public servant or other person commits an offense if the
person:
(1) has access to or obtains the name, address, or
telephone number of a victim younger than 17 years of age; and
(2) knowingly discloses the name, address, or
telephone number of the victim to:
(A) a person who is not assisting in the
investigation or prosecution of the offense; or
(B) a person other than:
(i) the defendant;
(ii) the defendant's attorney; or
(iii) a person specified in an order of a
court.
(c) It is an affirmative defense to prosecution under
Subsection (b) that the actor is:
(1) the victim; or
(2) the victim's parent, conservator, or guardian,
unless the victim's parent, conservator, or guardian allegedly
committed the offense described by Article 58.151.
(d) An offense under this article is a Class C misdemeanor.
(Code Crim. Proc., Art. 57A.03.)
Art. 58.157. EFFECT ON OTHER LAW. This subchapter does not
affect:
(1) a victim's responsibility to provide documentation
of stalking under Section 92.0161, Property Code; or
(2) a person's power or duty to disclose the documented
information as provided by Subsection (j) of that section. (Code
Crim. Proc., Art. 57A.04.)
SUBCHAPTER E. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
VICTIMS OF FAMILY VIOLENCE
Art. 58.201. DEFINITION. In this subchapter, "victim"
means a person who is the subject of:
(1) an offense that allegedly constitutes family
violence, as defined by Section 71.004, Family Code; or
(2) an offense that is part of the same criminal
episode, as defined by Section 3.01, Penal Code, as an offense
described by Subdivision (1). (Code Crim. Proc., Art. 57B.01(4).)
Art. 58.202. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a)
A victim may choose a pseudonym to be used instead of the victim's
name to designate the victim in all public files and records
concerning the offense, including police summary reports, press
releases, and records of judicial proceedings. A victim who elects
to use a pseudonym as provided by this subchapter must complete a
pseudonym form developed under Subsection (b) and return the form
to the law enforcement agency investigating the offense.
(b) The office of the attorney general shall develop and
distribute to all law enforcement agencies of the state a pseudonym
form to record the name, address, telephone number, and pseudonym
of a victim. (Code Crim. Proc., Arts. 57B.02(a), (b).)
Art. 58.203. VICTIM INFORMATION CONFIDENTIAL. (a) A
victim who completes a pseudonym form and returns the form to the
law enforcement agency investigating the offense may not be
required to disclose the victim's name, address, and telephone
number in connection with the investigation or prosecution of the
offense.
(b) A completed and returned pseudonym form is confidential
and may not be disclosed to any person other than a defendant in the
case or the defendant's attorney, except on an order of a court.
The court finding required by Article 58.204 is not required to
disclose the confidential pseudonym form to the defendant in the
case or to the defendant's attorney.
(c) If a victim completes a pseudonym form and returns the
form to a law enforcement agency under Article 58.202(a), the law
enforcement agency receiving the form shall:
(1) remove the victim's name and substitute the
pseudonym for the name on all reports, files, and records in the
agency's possession;
(2) notify the attorney representing the state of the
pseudonym and that the victim has elected to be designated by the
pseudonym; and
(3) maintain the form in a manner that protects the
confidentiality of the information contained on the form.
(d) An attorney representing the state who receives notice
that a victim has elected to be designated by a pseudonym shall
ensure that the victim is designated by the pseudonym in all legal
proceedings concerning the offense. (Code Crim. Proc.,
Arts. 57B.02(c), (d), (e), (f).)
Art. 58.204. COURT-ORDERED DISCLOSURE OF VICTIM
INFORMATION. A court may order the disclosure of a victim's name,
address, and telephone number only if the court finds that the
information is essential in the trial of the defendant for the
offense or the identity of the victim is in issue. (Code Crim.
Proc., Art. 57B.02(g).)
Art. 58.205. DISCLOSURE OF CERTAIN CHILD VICTIM INFORMATION
PROHIBITED. Except as required or permitted by other law or by
court order, a public servant or other person who has access to or
obtains the name, address, telephone number, or other identifying
information of a victim younger than 17 years of age may not release
or disclose the identifying information to any person who is not
assisting in the investigation, prosecution, or defense of the
case. This article does not apply to the release or disclosure of a
victim's identifying information by:
(1) the victim; or
(2) the victim's parent, conservator, or guardian,
unless the victim's parent, conservator, or guardian allegedly
committed the offense described by Article 58.201. (Code
Crim. Proc., Art. 57B.02(h).)
Art. 58.206. OFFENSE. (a) A public servant commits an
offense if the public servant:
(1) has access to the name, address, or telephone
number of a victim 17 years of age or older who has chosen a
pseudonym under this subchapter; and
(2) knowingly discloses the name, address, or
telephone number of the victim to:
(A) a person who is not assisting in the
investigation or prosecution of the offense; or
(B) a person other than:
(i) the defendant;
(ii) the defendant's attorney; or
(iii) the person specified in the order of a
court.
(b) Unless the disclosure is required or permitted by other
law, a public servant or other person commits an offense if the
person:
(1) has access to or obtains the name, address, or
telephone number of a victim younger than 17 years of age; and
(2) knowingly discloses the name, address, or
telephone number of the victim to:
(A) a person who is not assisting in the
investigation or prosecution of the offense; or
(B) a person other than:
(i) the defendant;
(ii) the defendant's attorney; or
(iii) a person specified in an order of a
court.
(c) It is an affirmative defense to prosecution under
Subsection (b) that the actor is:
(1) the victim; or
(2) the victim's parent, conservator, or guardian,
unless the victim's parent, conservator, or guardian allegedly
committed the offense described by Article 58.201.
(d) An offense under this article is a Class C misdemeanor.
(Code Crim. Proc., Art. 57B.03.)
Art. 58.207. APPLICABILITY OF SUBCHAPTER TO DEPARTMENT OF
FAMILY AND PROTECTIVE SERVICES. (a) This subchapter does not
require the Department of Family and Protective Services to use a
pseudonym in a department report, file, or record relating to the
abuse, neglect, or exploitation of a child or adult who may also be
the subject of an offense described by Article 58.201.
(b) To the extent permitted by law, the Department of Family
and Protective Services and a department employee, as necessary in
performing department duties, may disclose the name of a victim who
elects to use a pseudonym under this subchapter. (Code
Crim. Proc., Art. 57B.04.)
Art. 58.208. APPLICABILITY OF SUBCHAPTER TO POLITICAL
SUBDIVISIONS. This subchapter does not require a political
subdivision to use a pseudonym in a report, file, or record that:
(1) is not intended for distribution to the public; or
(2) is not the subject of an open records request under
Chapter 552, Government Code. (Code Crim. Proc., Art. 57B.05.)
SUBCHAPTER F. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
VICTIMS OF TRAFFICKING OF PERSONS
Art. 58.251. DEFINITION. In this subchapter, "victim"
means a person who is the subject of:
(1) an offense under Section 20A.02, Penal Code; or
(2) an offense that is part of the same criminal
episode, as defined by Section 3.01, Penal Code, as an offense under
Section 20A.02, Penal Code. (Code Crim. Proc., Art. 57D.01(4).)
Art. 58.252. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a)
A victim may choose a pseudonym to be used instead of the victim's
name to designate the victim in all public files and records
concerning the offense, including police summary reports, press
releases, and records of judicial proceedings. A victim who elects
to use a pseudonym as provided by this subchapter must complete a
pseudonym form developed under Subsection (b) and return the form
to the law enforcement agency investigating the offense.
(b) The office of the attorney general shall develop and
distribute to all law enforcement agencies of the state a pseudonym
form to record the name, address, telephone number, and pseudonym
of a victim. (Code Crim. Proc., Arts. 57D.02(a), (b).)
Art. 58.253. VICTIM INFORMATION CONFIDENTIAL. (a) A
victim who completes a pseudonym form and returns the form to the
law enforcement agency investigating the offense may not be
required to disclose the victim's name, address, and telephone
number in connection with the investigation or prosecution of the
offense.
(b) A completed and returned pseudonym form is confidential
and may not be disclosed to any person other than a defendant in the
case or the defendant's attorney, except on an order of a court.
The court finding required by Article 58.254 is not required to
disclose the confidential pseudonym form to the defendant in the
case or to the defendant's attorney.
(c) If a victim completes a pseudonym form and returns the
form to a law enforcement agency under Article 58.252(a), the law
enforcement agency receiving the form shall:
(1) remove the victim's name and substitute the
pseudonym for the name on all reports, files, and records in the
agency's possession;
(2) notify the attorney representing the state of the
pseudonym and that the victim has elected to be designated by the
pseudonym; and
(3) maintain the form in a manner that protects the
confidentiality of the information contained on the form.
(d) An attorney representing the state who receives notice
that a victim has elected to be designated by a pseudonym shall
ensure that the victim is designated by the pseudonym in all legal
proceedings concerning the offense. (Code Crim. Proc.,
Arts. 57D.02(c), (d), (e), (f).)
Art. 58.254. COURT-ORDERED DISCLOSURE OF VICTIM
INFORMATION. A court may order the disclosure of a victim's name,
address, and telephone number only if the court finds that the
information is essential in the trial of the defendant for the
offense or the identity of the victim is in issue. (Code Crim.
Proc., Art. 57D.02(g).)
Art. 58.255. DISCLOSURE OF CHILD VICTIM INFORMATION
PROHIBITED. Except as required or permitted by other law or by
court order, a public servant or other person who has access to or
obtains the name, address, telephone number, or other identifying
information of a victim younger than 18 years of age may not release
or disclose the identifying information to any person who is not
assisting in the investigation, prosecution, or defense of the
case. This article does not apply to the release or disclosure of a
victim's identifying information by:
(1) the victim; or
(2) the victim's parent, conservator, or guardian,
unless the victim's parent, conservator, or guardian allegedly
committed the offense described by Article 58.251. (Code Crim.
Proc., Art. 57D.02(h).)
Art. 58.256. OFFENSE. (a) A public servant commits an
offense if the public servant:
(1) has access to the name, address, or telephone
number of a victim 18 years of age or older who has chosen a
pseudonym under this subchapter; and
(2) knowingly discloses the name, address, or
telephone number of the victim to:
(A) a person who is not assisting in the
investigation or prosecution of the offense; or
(B) a person other than:
(i) the defendant;
(ii) the defendant's attorney; or
(iii) the person specified in the order of a
court.
(b) Unless the disclosure is required or permitted by other
law, a public servant or other person commits an offense if the
person:
(1) has access to or obtains the name, address, or
telephone number of a victim younger than 18 years of age; and
(2) knowingly discloses the name, address, or
telephone number of the victim to:
(A) a person who is not assisting in the
investigation or prosecution of the offense; or
(B) a person other than:
(i) the defendant;
(ii) the defendant's attorney; or
(iii) a person specified in an order of a
court.
(c) It is an affirmative defense to prosecution under
Subsection (b) that the actor is:
(1) the victim; or
(2) the victim's parent, conservator, or guardian,
unless the victim's parent, conservator, or guardian allegedly
committed the offense described by Article 58.251.
(d) An offense under this article is a Class C misdemeanor.
(Code Crim. Proc., Art. 57D.03.)
SUBCHAPTER G. SEALING OF MEDICAL RECORDS OF CERTAIN CHILD VICTIMS
Art. 58.301. DEFINITIONS. In this subchapter:
(1) "Child" means a person who is younger than 18 years
of age.
(2) "Medical records" means any information used or
generated by health care providers, including records relating to
emergency room treatment, rehabilitation therapy, or counseling.
(Code Crim. Proc., Art. 57C.01.)
Art. 58.302. SEALING OF MEDICAL RECORDS. (a) Except as
provided by Subsection (c), on a motion filed by a person described
by Subsection (b), the court shall seal the medical records of a
child who is a victim of an offense described by Section 1, Article
38.071.
(b) A motion under this article may be filed on the court's
own motion or by:
(1) the attorney representing the state;
(2) the defendant; or
(3) the parent or guardian of the victim or, if the
victim is no longer a child, the victim.
(c) The court is not required to seal the records described
by this article on a finding of good cause after a hearing held
under Subsection (d).
(d) The court shall grant the motion without a hearing
unless the motion is contested not later than the seventh day after
the date the motion is filed. (Code Crim. Proc., Arts. 57C.02(a),
(b), (c), (d).)
Art. 58.303. ACCESS TO SEALED MEDICAL RECORDS. Medical
records sealed under this subchapter are not open for inspection by
any person except:
(1) on further order of the court after:
(A) notice to a parent or guardian of the victim
whose information is sealed or, if the victim is no longer a child,
notice to the victim; and
(B) a finding of good cause;
(2) in connection with a criminal or civil proceeding
as otherwise provided by law; or
(3) on request of a parent or legal guardian of the
victim whose information is sealed or, if the victim is no longer a
child, on request of the victim. (Code Crim. Proc., Art.
57C.02(e).)
Art. 58.304. LIABILITY. Except on a showing of bad faith, a
clerk of the court is not liable for any failure to seal medical
records after the court grants a motion under this subchapter.
(Code Crim. Proc., Art. 57C.02(f).)
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. Section 101.005(d), Business & Commerce Code,
is amended to read as follows:
(d) A penalty collected under this section by the attorney
general or a district or county attorney shall be deposited in the
state treasury to the credit of the compensation to victims of crime
fund established under Subchapter J, Chapter 56B [Article 56.54],
Code of Criminal Procedure.
SECTION 2.02. Section 140A.110(c), Civil Practice and
Remedies Code, is amended to read as follows:
(c) The first $10 million, after any costs of suit described
by Subsection (b), that is paid to the state under this chapter in a
fiscal year shall be dedicated to the compensation to victims of
crime fund described by Subchapter J, Chapter 56B [Article 56.54],
Code of Criminal Procedure.
SECTION 2.03. Section 154.023(c), Civil Practice and
Remedies Code, is amended to read as follows:
(c) Mediation includes victim-offender mediation by the
Texas Department of Criminal Justice described in Article 56A.602
[56.13], Code of Criminal Procedure.
SECTION 2.04. Section 154.073(g), Civil Practice and
Remedies Code, is amended to read as follows:
(g) This section applies to a victim-offender mediation by
the Texas Department of Criminal Justice as described in Article
56A.602 [56.13], Code of Criminal Procedure.
SECTION 2.05. Article 2.13951(e), Code of Criminal
Procedure, is amended to read as follows:
(e) A civil penalty collected under this article shall be
deposited to the credit of the compensation to victims of crime fund
established under Subchapter J [B], Chapter 56B [56].
SECTION 2.06. Article 2.21(f-1), Code of Criminal
Procedure, is amended to read as follows:
(f-1) Notwithstanding Section 263.156, Local Government
Code, or any other law, the commissioners court shall remit 50
percent of any proceeds of the disposal of an eligible exhibit as
surplus or salvage property as described by Subsection (f), less
the reasonable expense of keeping the exhibit before disposal and
the costs of that disposal, to each of the following:
(1) the county treasury, to be used only to defray the
costs incurred by the district clerk of the county for the
management, maintenance, or destruction of eligible exhibits in the
county; and
(2) the state treasury to the credit of the
compensation to victims of crime fund established under Subchapter
J [B], Chapter 56B [56].
SECTION 2.07. Article 2.31, Code of Criminal Procedure, as
added by Chapter 176 (S.B. 604), Acts of the 82nd Legislature,
Regular Session, 2011, is amended to read as follows:
Art. 2.31. COUNTY JAILERS. If a jailer licensed under
Chapter 1701, Occupations Code, has successfully completed a
training program provided by the sheriff, the jailer may execute
lawful process issued to the jailer by any magistrate or court on a
person confined in the jail at which the jailer is employed to the
same extent that a peace officer is authorized to execute process
under Article 2.13(b)(2), including:
(1) a warrant under Chapter 15, 17, or 18;
(2) a capias under Chapter 17 or 23;
(3) a subpoena under Chapter 20A [20] or 24; or
(4) an attachment under Chapter 20A [20] or 24.
SECTION 2.08. Article 2.31, Code of Criminal Procedure, as
added by Chapter 1341 (S.B. 1233), Acts of the 82nd Legislature,
Regular Session, 2011, is amended to read as follows:
Art. 2.31. COUNTY JAILERS. A jailer licensed under Chapter
1701, Occupations Code, may execute lawful process issued to the
jailer by any magistrate or court on a person confined in the jail
at which the jailer is employed to the same extent that a peace
officer is authorized to execute process under Article 2.13(b)(2),
including:
(1) a warrant under Chapter 15, 17, or 18;
(2) a capias under Chapter 17 or 23;
(3) a subpoena under Chapter 20A [20] or 24; or
(4) an attachment under Chapter 20A [20] or 24.
SECTION 2.09. Article 26.13(e), Code of Criminal Procedure,
is amended to read as follows:
(e) Before accepting a plea of guilty or a plea of nolo
contendere, the court shall, as applicable in the case:
(1) inquire as to whether a victim impact statement
has been returned to the attorney representing the state and ask for
a copy of the statement if one has been returned; and
(2) inquire as to whether the attorney representing
the state has given notice of the existence and terms of any plea
bargain agreement to the victim, guardian of a victim, or close
relative of a deceased victim, as those terms are defined by Article
56A.001 [56.01].
SECTION 2.10. Article 36.03(d)(1), Code of Criminal
Procedure, is amended to read as follows:
(1) "Close relative of a deceased victim" and
"guardian of a victim" have the meanings assigned by Article
56A.001 [56.01].
SECTION 2.11. Sections 4(c) and (d), Article 38.11, Code of
Criminal Procedure, are amended to read as follows:
(c) Notwithstanding Subsection (b), if the information,
document, or item was disclosed or received in violation of a grand
jury oath given to either a juror or a witness under Article 19A.202
[19.34] or 20A.256 [20.16], a journalist may be compelled to
testify if the person seeking the testimony, production, or
disclosure makes a clear and specific showing that the subpoenaing
party has exhausted reasonable efforts to obtain from alternative
sources the confidential source of any information, document, or
item obtained. In this context, the court has the discretion to
conduct an in camera hearing. The court may not order the
production of the confidential source until a ruling has been made
on the motion.
(d) An application for a subpoena of a journalist under
Article 24.03, or a subpoena of a journalist issued by an attorney
representing the state under Article 20A.251 [20.10] or 20A.252
[20.11], must be signed by the elected district attorney, elected
criminal district attorney, or elected county attorney, as
applicable. If the elected district attorney, elected criminal
district attorney, or elected county attorney has been disqualified
or recused or has resigned, the application for the subpoena or the
subpoena must be signed by the person succeeding the elected
attorney. If the elected officer is not in the jurisdiction, the
highest ranking assistant to the elected officer must sign the
subpoena.
SECTION 2.12. Section 11, Article 42.01, Code of Criminal
Procedure, is amended to read as follows:
Sec. 11. In addition to the information described by
Section 1, the judgment should reflect whether a victim impact
statement was returned to the attorney representing the state
pursuant to Article 56A.157(a) [56.03(e)].
SECTION 2.13. Section 1(b), Article 42.03, Code of Criminal
Procedure, is amended to read as follows:
(b) The court shall permit a victim, close relative of a
deceased victim, or guardian of a victim, as defined by Article
56A.001 [56.01 of this code], to appear in person to present to the
court and to the defendant a statement of the person's views about
the offense, the defendant, and the effect of the offense on the
victim. The victim, relative, or guardian may not direct questions
to the defendant while making the statement. The court reporter may
not transcribe the statement. The statement must be made:
(1) after punishment has been assessed and the court
has determined whether or not to grant community supervision in the
case;
(2) after the court has announced the terms and
conditions of the sentence; and
(3) after sentence is pronounced.
SECTION 2.14. Articles 42.037(a) and (i), Code of Criminal
Procedure, are amended to read as follows:
(a) In addition to any fine authorized by law, the court
that sentences a defendant convicted of an offense may order the
defendant to make restitution to any victim of the offense or to the
compensation to victims of crime fund established under Subchapter
J [B], Chapter 56B [56], to the extent that fund has paid
compensation to or on behalf of the victim. If the court does not
order restitution or orders partial restitution under this
subsection, the court shall state on the record the reasons for not
making the order or for the limited order.
(i) In addition to any other terms and conditions of
community supervision imposed under Chapter 42A, the court may
require a defendant to reimburse the compensation to victims of
crime fund created under Subchapter J [B], Chapter 56B [56], for any
amounts paid from that fund to or on behalf of a victim of the
defendant's offense. In this subsection, "victim" has the meaning
assigned by Article 56B.003 [56.32].
SECTION 2.15. Section 8(a), Article 42.09, Code of Criminal
Procedure, is amended to read as follows:
(a) A county that transfers a defendant to the Texas
Department of Criminal Justice under this article shall deliver to
an officer designated by the department:
(1) a copy of the judgment entered pursuant to Article
42.01, completed on a standardized felony judgment form described
by Section 4 of that article;
(2) a copy of any order revoking community supervision
and imposing sentence pursuant to Article 42A.755, including:
(A) any amounts owed for restitution, fines, and
court costs, completed on a standardized felony judgment form
described by Section 4, Article 42.01; and
(B) a copy of the client supervision plan
prepared for the defendant by the community supervision and
corrections department supervising the defendant, if such a plan
was prepared;
(3) a written report that states the nature and the
seriousness of each offense and that states the citation to the
provision or provisions of the Penal Code or other law under which
the defendant was convicted;
(4) a copy of the victim impact statement, if one has
been prepared in the case under Subchapter D, Chapter 56A [Article
56.03];
(5) a statement as to whether there was a change in
venue in the case and, if so, the names of the county prosecuting
the offense and the county in which the case was tried;
(6) if requested, information regarding the criminal
history of the defendant, including the defendant's state
identification number if the number has been issued;
(7) a copy of the indictment or information for each
offense;
(8) a checklist sent by the department to the county
and completed by the county in a manner indicating that the
documents required by this subsection and Subsection (c) accompany
the defendant;
(9) if prepared, a copy of a presentence or
postsentence report prepared under Subchapter F, Chapter 42A;
(10) a copy of any detainer, issued by an agency of the
federal government, that is in the possession of the county and that
has been placed on the defendant;
(11) if prepared, a copy of the defendant's Texas
Uniform Health Status Update Form; and
(12) a written description of a hold or warrant,
issued by any other jurisdiction, that the county is aware of and
that has been placed on or issued for the defendant.
SECTION 2.16. Section 1(4), Article 42.22, Code of Criminal
Procedure, is amended to read as follows:
(4) "Victim" means:
(A) a "close relative of a deceased victim,"
"guardian of a victim," or "victim," as those terms are defined by
Article 56A.001 [56.01 of this code]; or
(B) an individual who suffers damages as a result
of another committing an offense under Section 38.04, Penal Code,
in which the defendant used a motor vehicle while the defendant was
in flight.
SECTION 2.17. Article 42A.301(b), Code of Criminal
Procedure, is amended to read as follows:
(b) Conditions of community supervision may include
conditions requiring the defendant to:
(1) commit no offense against the laws of this state or
of any other state or of the United States;
(2) avoid injurious or vicious habits;
(3) avoid persons or places of disreputable or harmful
character, including any person, other than a family member of the
defendant, who is an active member of a criminal street gang;
(4) report to the supervision officer as directed by
the judge or supervision officer and obey all rules and regulations
of the community supervision and corrections department;
(5) permit the supervision officer to visit the
defendant at the defendant's home or elsewhere;
(6) work faithfully at suitable employment to the
extent possible;
(7) remain within a specified place;
(8) pay in one or more amounts:
(A) the defendant's fine, if one is assessed; and
(B) all court costs, regardless of whether a fine
is assessed;
(9) support the defendant's dependents;
(10) participate, for a period specified by the judge,
in any community-based program, including a community service
project under Article 42A.304;
(11) if the judge determines that the defendant has
financial resources that enable the defendant to offset in part or
in whole the costs of the legal services provided to the defendant
in accordance with Article 1.051(c) or (d), including any expenses
and costs, reimburse the county in which the prosecution was
instituted for the costs of the legal services in an amount that the
judge finds the defendant is able to pay, except that the defendant
may not be ordered to pay an amount that exceeds:
(A) the actual costs, including any expenses and
costs, paid by the county for the legal services provided by an
appointed attorney; or
(B) if the defendant was represented by a public
defender's office, the actual amount, including any expenses and
costs, that would have otherwise been paid to an appointed attorney
had the county not had a public defender's office;
(12) if under custodial supervision in a community
corrections facility:
(A) remain under that supervision;
(B) obey all rules and regulations of the
facility; and
(C) pay a percentage of the defendant's income
to:
(i) the facility for room and board; and
(ii) the defendant's dependents for their
support during the period of custodial supervision;
(13) submit to testing for alcohol or controlled
substances;
(14) attend counseling sessions for substance abusers
or participate in substance abuse treatment services in a program
or facility approved or licensed by the Department of State Health
Services;
(15) with the consent of the victim of a misdemeanor
offense or of any offense under Title 7, Penal Code, participate in
victim-defendant mediation;
(16) submit to electronic monitoring;
(17) reimburse the compensation to victims of crime
fund for any amounts paid from that fund to or on behalf of a victim,
as defined by Article 56B.003 [56.32], of the offense or if no
reimbursement is required, make one payment to the compensation to
victims of crime fund in an amount not to exceed $50 if the offense
is a misdemeanor or not to exceed $100 if the offense is a felony;
(18) reimburse a law enforcement agency for the
analysis, storage, or disposal of raw materials, controlled
substances, chemical precursors, drug paraphernalia, or other
materials seized in connection with the offense;
(19) pay all or part of the reasonable and necessary
costs incurred by the victim for psychological counseling made
necessary by the offense or for counseling and education relating
to acquired immune deficiency syndrome or human immunodeficiency
virus made necessary by the offense;
(20) make one payment in an amount not to exceed $50 to
a crime stoppers organization, as defined by Section 414.001,
Government Code, and as certified by the Texas Crime Stoppers
Council;
(21) submit a DNA sample to the Department of Public
Safety under Subchapter G, Chapter 411, Government Code, for the
purpose of creating a DNA record of the defendant;
(22) in any manner required by the judge, provide in
the county in which the offense was committed public notice of the
offense for which the defendant was placed on community
supervision; and
(23) reimburse the county in which the prosecution was
instituted for compensation paid to any interpreter in the case.
SECTION 2.18. Article 46C.003, Code of Criminal Procedure,
is amended to read as follows:
Art. 46C.003. VICTIM NOTIFICATION OF RELEASE. If the court
issues an order that requires the release of an acquitted person on
discharge or on a regimen of outpatient care, the clerk of the court
issuing the order, using the information provided on any victim
impact statement received by the court under Subchapter D, Chapter
56A [Article 56.03] or other information made available to the
court, shall notify the victim or the victim's guardian or close
relative of the release. Notwithstanding Article 56A.156
[56.03(f)], the clerk of the court may inspect a victim impact
statement for the purpose of notification under this article. On
request, a victim assistance coordinator may provide the clerk of
the court with information or other assistance necessary for the
clerk to comply with this article.
SECTION 2.19. Article 59.06(k)(3), Code of Criminal
Procedure, is amended to read as follows:
(3) The attorney general shall deposit the money or
proceeds from the sale of the property into an escrow account. The
money in the account is available to satisfy a judgment against the
person who committed the crime in favor of a victim of the crime if
the judgment is for damages incurred by the victim caused by the
commission of the crime. The attorney general shall transfer the
money in the account that has not been ordered paid to a victim in
satisfaction of a judgment to the compensation to victims of crime
fund on the fifth anniversary of the date the account was
established. In this subsection, "victim" has the meaning assigned
by Article 56B.003 [56.32].
SECTION 2.20. Article 59.13(a), Code of Criminal Procedure,
is amended to read as follows:
(a) The attorney representing the state may disclose
information to the primary state or federal financial institution
regulator, including grand jury information or otherwise
confidential information, relating to any action contemplated or
brought under this chapter that involves property consisting of a
depository account in a regulated financial institution or assets
held by a regulated financial institution as security for an
obligation owed to a regulated financial institution. An attorney
representing the state who discloses information as permitted by
this subsection is not subject to contempt under Subchapter E,
Chapter 20A, [Article 20.02] for that disclosure.
SECTION 2.21. Article 62.0061(d), Code of Criminal
Procedure, is amended to read as follows:
(d) A commercial social networking site that uses
information received under Subsection (a) in any manner not
described by Subsection (c)(1) or that violates a rule adopted by
the department under Subsection (b) is subject to a civil penalty of
$1,000 for each misuse of information or rule violation. A
commercial social networking site that is assessed a civil penalty
under this article shall pay, in addition to the civil penalty, all
court costs, investigative costs, and attorney's fees associated
with the assessment of the penalty. A civil penalty assessed under
this subsection shall be deposited to the compensation to victims
of crime fund established under Subchapter J [B], Chapter 56B [56].
SECTION 2.22. Article 63.065(b), Code of Criminal
Procedure, is amended to read as follows:
(b) Notwithstanding Article 56B.453(a) [56.54(g)], the
legislature may appropriate money in the compensation to victims of
crime fund and the compensation to victims of crime auxiliary fund
to fund the University of North Texas Health Science Center at Fort
Worth missing persons DNA database. Legislative appropriations
under this subsection shall be deposited to the credit of the
account created under Subsection (a).
SECTION 2.23. Sections 96.65(a)(1), (2), and (4), Education
Code, are amended to read as follows:
(1) "Close relative of a deceased victim" has the
meaning assigned by Article 56A.001 [56.01], Code of Criminal
Procedure.
(2) "Guardian of a victim" has the meaning assigned by
Article 56A.001 [56.01], Code of Criminal Procedure.
(4) "Victim" has the meaning assigned by Article
56A.001 [56.01], Code of Criminal Procedure.
SECTION 2.24. Section 96.651(a)(2), Education Code, is
amended to read as follows:
(2) "Victim" has the meaning assigned by Article
56A.001 [56.01], Code of Criminal Procedure.
SECTION 2.25. Section 13.002(e), Election Code, is amended
to read as follows:
(e) A person who is certified for participation in the
address confidentiality program administered by the attorney
general under Subchapter B [C], Chapter 58 [56], Code of Criminal
Procedure, is not eligible for early voting by mail under Section
82.007 unless the person submits an application under this section
by personal delivery. The secretary of state may adopt rules to
implement this subsection.
SECTION 2.26. Section 13.004(c), Election Code, is amended
to read as follows:
(c) The following information furnished on a registration
application is confidential and does not constitute public
information for purposes of Chapter 552, Government Code:
(1) a social security number;
(2) a Texas driver's license number;
(3) a number of a personal identification card issued
by the Department of Public Safety;
(4) an indication that an applicant is interested in
working as an election judge;
(5) the residence address of the applicant, if the
applicant is a federal judge or state judge, as defined by Section
13.0021, the spouse of a federal judge or state judge, or an
individual to whom Section 552.1175, Government Code, applies and
the applicant:
(A) included an affidavit with the registration
application describing the applicant's status under this
subdivision, including an affidavit under Section 13.0021 if the
applicant is a federal judge or state judge or the spouse of a
federal judge or state judge;
(B) provided the registrar with an affidavit
describing the applicant's status under this subdivision,
including an affidavit under Section 15.0215 if the applicant is a
federal judge or state judge or the spouse of a federal judge or
state judge; or
(C) provided the registrar with a completed form
approved by the secretary of state for the purpose of notifying the
registrar of the applicant's status under this subdivision;
(6) the residence address of the applicant, if the
applicant, the applicant's child, or another person in the
applicant's household is a victim of family violence as defined by
Section 71.004, Family Code, who provided the registrar with:
(A) a copy of a protective order issued under
Chapter 85, Family Code, or a magistrate's order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
or
(B) other independent documentary evidence
necessary to show that the applicant, the applicant's child, or
another person in the applicant's household is a victim of family
violence;
(7) the residence address of the applicant, if the
applicant, the applicant's child, or another person in the
applicant's household is a victim of sexual assault or abuse,
stalking, or trafficking of persons who provided the registrar
with:
(A) a copy of a protective order issued under
Subchapter A or B, Chapter 7B [7A or Article 6.09], Code of Criminal
Procedure, or a magistrate's order for emergency protection issued
under Article 17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence
necessary to show that the applicant, the applicant's child, or
another person in the applicant's household is a victim of sexual
assault or abuse, stalking, or trafficking of persons; or
(8) the residence address of the applicant, if the
applicant:
(A) is a participant in the address
confidentiality program administered by the attorney general under
Subchapter B [C], Chapter 58 [56], Code of Criminal Procedure; and
(B) provided the registrar with proof of
certification under Article 58.059 [56.84], Code of Criminal
Procedure.
SECTION 2.27. Section 18.0051, Election Code, is amended to
read as follows:
Sec. 18.0051. CONTENTS OF LIST: SUBSTITUTE ADDRESS. An
original or supplemental list of registered voters must contain a
voter's substitute post office box address designated by the
attorney general under Article 58.052(b) [56.82(b)], Code of
Criminal Procedure, for use by the voter in place of the voter's
true residential, business, or school address if the voter is
eligible for early voting by mail under Section 82.007 and has
submitted an early voting ballot application as required by Section
84.0021.
SECTION 2.28. Section 82.007, Election Code, is amended to
read as follows:
Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY
PROGRAM. A qualified voter is eligible for early voting by mail if:
(1) the voter submitted a registration application by
personal delivery as required by Section 13.002(e); and
(2) at the time the voter's early voting ballot
application is submitted, the voter is certified for participation
in the address confidentiality program administered by the attorney
general under Subchapter B [C], Chapter 58 [56], Code of Criminal
Procedure.
SECTION 2.29. Section 84.0021(a), Election Code, is amended
to read as follows:
(a) An early voting ballot application submitted by a
qualified voter who is eligible for early voting by mail under
Section 82.007 must include:
(1) the applicant's name and address at which the
applicant is registered to vote;
(2) the substitute post office box address designated
by the attorney general under Article 58.052(b) [56.82(b)], Code of
Criminal Procedure, for use by the voter in place of the voter's
true residential, business, or school address; and
(3) an indication of each election for which the
applicant is applying for a ballot.
SECTION 2.30. Section 6.405(a), Family Code, is amended to
read as follows:
(a) The petition in a suit for dissolution of a marriage
must state whether, in regard to a party to the suit or a child of a
party to the suit:
(1) there is in effect:
(A) a protective order under Title 4;
(B) a protective order under Subchapter A,
Chapter 7B [7A], Code of Criminal Procedure; or
(C) an order for emergency protection under
Article 17.292, Code of Criminal Procedure; or
(2) an application for an order described by
Subdivision (1) is pending.
SECTION 2.31. Section 51.17(h), Family Code, is amended to
read as follows:
(h) Articles 58.001, 58.101, 58.102, 58.103, 58.104,
58.105, [57.01] and 58.106 [57.02], Code of Criminal Procedure,
relating to the use of a pseudonym by a victim in a criminal case,
apply in a proceeding held under this title.
SECTION 2.32. Section 57.002, Family Code, is amended to
read as follows:
Sec. 57.002. VICTIM'S RIGHTS. (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 56B
[56], Code of Criminal Procedure, including information related to
the costs that may be compensated under that chapter [subchapter]
and the amount of compensation, eligibility for compensation, and
procedures for application for compensation under that chapter
[subchapter], the payment of medical expenses under Subchapter F,
Chapter 56A [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 for inclusion
in the person's file information to be considered by the department
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 Subchapter B, Chapter 56A
[Article 56.02 or 56.021], Code of Criminal Procedure.
(b) In notifying a victim of the release or escape of a
person, the Texas Juvenile Justice Department shall use the same
procedure established for the notification of the release or escape
of an adult offender under Subchapter K, Chapter 56A [Article
56.11], Code of Criminal Procedure.
SECTION 2.33. Section 57.003(d), Family Code, is amended to
read as follows:
(d) The victim assistance coordinator shall ensure that at a
minimum, a victim, guardian of a victim, or close relative of a
deceased victim receives:
(1) a written notice of the rights outlined in Section
57.002;
(2) an application for compensation under the Crime
Victims' Compensation Act ([Subchapter B,] Chapter 56B [56], Code
of Criminal Procedure); and
(3) a victim impact statement with information
explaining the possible use and consideration of the victim impact
statement at detention, adjudication, and release proceedings
involving the juvenile.
SECTION 2.34. Section 57.0031, Family Code, is amended to
read as follows:
Sec. 57.0031. NOTIFICATION OF RIGHTS OF VICTIMS OF
JUVENILES. At the initial contact or at the earliest possible time
after the initial contact between the victim of a reported crime and
the juvenile probation office having the responsibility for the
disposition of the juvenile, the office shall provide the victim a
written notice:
(1) containing information about the availability of
emergency and medical services, if applicable;
(2) stating that the victim has the right to receive
information regarding compensation to victims of crime as provided
by the Crime Victims' Compensation Act ([Subchapter B,] Chapter 56B
[56], Code of Criminal Procedure), including information about:
(A) the costs that may be compensated and the
amount of compensation, eligibility for compensation, and
procedures for application for compensation;
(B) the payment for a medical examination for a
victim of a sexual assault; and
(C) referral to available social service
agencies that may offer additional assistance;
(3) stating the name, address, and phone number of the
victim assistance coordinator for victims of juveniles;
(4) containing the following statement: "You may call
the crime victim assistance coordinator for the status of the case
and information about victims' rights.";
(5) stating the rights of victims of crime under
Section 57.002;
(6) summarizing each procedural stage in the
processing of a juvenile case, including preliminary
investigation, detention, informal adjustment of a case,
disposition hearings, release proceedings, restitution, and
appeals;
(7) suggesting steps the victim may take if the victim
is subjected to threats or intimidation;
(8) stating the case number and assigned court for the
case; and
(9) stating that the victim has the right to file a
victim impact statement and to have it considered in juvenile
proceedings.
SECTION 2.35. Section 85.025(b-3), Family Code, is amended
to read as follows:
(b-3) Subsection (b) does not apply to a protective order
issued under Subchapter A, Chapter 7B [7A], Code of Criminal
Procedure.
SECTION 2.36. Section 102.008(b), Family Code, is amended
to read as follows:
(b) The petition must include:
(1) a statement that the court in which the petition is
filed has continuing, exclusive jurisdiction or that no court has
continuing jurisdiction of the suit;
(2) the name and date of birth of the child, except
that if adoption of a child is requested, the name of the child may
be omitted;
(3) the full name of the petitioner and the
petitioner's relationship to the child or the fact that no
relationship exists;
(4) the names of the parents, except in a suit in which
adoption is requested;
(5) the name of the managing conservator, if any, or
the child's custodian, if any, appointed by order of a court of
another state or country;
(6) the names of the guardians of the person and estate
of the child, if any;
(7) the names of possessory conservators or other
persons, if any, having possession of or access to the child under
an order of the court;
(8) the name of an alleged father of the child or a
statement that the identity of the father of the child is unknown;
(9) a full description and statement of value of all
property owned or possessed by the child;
(10) a statement describing what action the court is
requested to take concerning the child and the statutory grounds on
which the request is made;
(11) a statement as to whether, in regard to a party to
the suit or a child of a party to the suit:
(A) there is in effect:
(i) a protective order under Title 4;
(ii) a protective order under Subchapter A,
Chapter 7B [7A], Code of Criminal Procedure; or
(iii) an order for emergency protection
under Article 17.292, Code of Criminal Procedure; or
(B) an application for an order described by
Paragraph (A) is pending; and
(12) any other information required by this title.
SECTION 2.37. Section 160.6035(a), Family Code, is amended
to read as follows:
(a) The petition in a proceeding to adjudicate parentage
must include a statement as to whether, in regard to a party to the
proceeding or a child of a party to the proceeding:
(1) there is in effect:
(A) a protective order under Title 4;
(B) a protective order under Subchapter A,
Chapter 7B [7A], Code of Criminal Procedure; or
(C) an order for emergency protection under
Article 17.292, Code of Criminal Procedure; or
(2) an application for an order described by
Subdivision (1) is pending.
SECTION 2.38. Section 41.310(c), Government Code, is
amended to read as follows:
(c) The counsellor, in consultation with the board of
directors, shall notify the foreperson [foreman] of the appropriate
grand jury, in the manner provided by Article 20A.051 [20.09], Code
of Criminal Procedure, if:
(1) the counsellor receives credible evidence of
illegal or improper conduct by Texas Juvenile Justice Department
officers, employees, or contractors that the counsellor reasonably
believes jeopardizes the health, safety, and welfare of children in
the custody of that department;
(2) the counsellor reasonably believes the conduct:
(A) could constitute an offense described by
Article 104.003(a), Code of Criminal Procedure; and
(B) involves the alleged physical or sexual abuse
of a child in the custody of a Texas Juvenile Justice Department
facility or an investigation related to the alleged abuse; and
(3) the counsellor has reason to believe that
information concerning the conduct has not previously been
presented to the appropriate grand jury.
SECTION 2.39. Section 53.002(g), Government Code, is
amended to read as follows:
(g) The judge of each district court in Tarrant County that
gives preference to criminal cases and the judge of each criminal
district court in Tarrant County may appoint two persons to serve as
bailiffs. Notwithstanding Section 53.071 or Article 19A.301
[19.36], Code of Criminal Procedure, the district judges of the
courts in Tarrant County that give preference to criminal cases and
the criminal district courts in Tarrant County may appoint one
bailiff for each grand jury.
SECTION 2.40. Section 61.003(a), Government Code, is
amended to read as follows:
(a) Each person who reports for jury service shall be
personally provided a form letter that when signed by the person
directs the county treasurer to donate all, or a specific amount
designated by the person, of the person's daily reimbursement under
this chapter to:
(1) the compensation to victims of crime fund
established under Subchapter J [B], Chapter 56B [56], Code of
Criminal Procedure;
(2) the child welfare, child protective services, or
child services board of the county appointed under Section 264.005,
Family Code, that serves abused and neglected children;
(3) any program selected by the commissioners court
that is operated by a public or private nonprofit organization and
that provides shelter and services to victims of family violence;
(4) any other program approved by the commissioners
court of the county, including a program established under Article
56A.205 [56.04(f)], Code of Criminal Procedure, that offers
psychological counseling in criminal cases involving graphic
evidence or testimony; or
(5) a veterans court program established by the
commissioners court as provided by Chapter 124.
SECTION 2.41. Section 76.016, Government Code, is amended
to read as follows:
Sec. 76.016. VICTIM NOTIFICATION. (a) A department, using
the name and address provided by the attorney representing the
state under Article 56A.454(b) [56.08(d)], Code of Criminal
Procedure, shall immediately notify a victim of the defendant's
crime or, if the victim has a guardian or is deceased, notify the
guardian of the victim or close relative of the deceased victim of:
(1) the fact that the defendant has been placed on
community supervision;
(2) the conditions of community supervision imposed on
the defendant by the court; and
(3) the date, time, and location of any hearing or
proceeding at which the conditions of the defendant's community
supervision may be modified or the defendant's placement on
community supervision may be revoked or terminated.
(b) In this section, "close relative of a deceased victim,"
"guardian of a victim," and "victim" have the meanings assigned by
Article 56A.001 [56.01], Code of Criminal Procedure.
SECTION 2.42. Section 402.0213(a), Government Code, is
amended to read as follows:
(a) The office of the attorney general may use
videoconferencing technology:
(1) as a substitute for personal appearances in civil
and criminal proceedings, as approved by the court; and
(2) for any proceeding, conference, or training
conducted by an employee of the office of the attorney general whose
duties include the implementation of Chapters 56A and 56B and
Subchapter B, Chapter 58 [56], Code of Criminal Procedure, and
Chapter 57, Family Code.
SECTION 2.43. Section 402.038(b), Government Code, is
amended to read as follows:
(b) To address matters related to border security and
organized crime, the transnational and organized crime division
shall:
(1) establish within the division a prosecution unit
to provide critical assistance to local prosecutors;
(2) using existing funds, establish within the
division a trafficking of persons unit to:
(A) assist local law enforcement agencies and
local prosecutors in investigating and prosecuting trafficking of
persons and related crimes; and
(B) work with the appropriate local and state
agencies to identify victims of trafficking of persons and to
provide the types of assistance available for those victims under
Chapters 56A and 56B and Subchapter B, Chapter 58 [56], Code of
Criminal Procedure; and
(3) develop initiatives to provide greater state
assistance, support, and coordination among state law enforcement
agencies, local law enforcement agencies, and local prosecutors.
SECTION 2.44. Section 411.209(e), Government Code, is
amended to read as follows:
(e) A civil penalty collected by the attorney general under
this section shall be deposited to the credit of the compensation to
victims of crime fund established under Subchapter J [B], Chapter
56B [56], Code of Criminal Procedure.
SECTION 2.45. Section 420.051, Government Code, is amended
to read as follows:
Sec. 420.051. ADVOCATES FOR SURVIVORS OF SEXUAL
ASSAULT. An individual may act as an advocate for survivors of
sexual assault for the purposes of Subchapter H, Chapter 56A
[Article 56.045], Code of Criminal Procedure, if the individual has
completed a sexual assault training program certified by the
attorney general and is an employee or volunteer of a sexual assault
program.
SECTION 2.46. Section 495.027(c), Government Code, is
amended to read as follows:
(c) The department shall transfer 50 percent of all
commissions paid to the department by a vendor under this section to
the compensation to victims of crime fund established by Subchapter
J [B], Chapter 56B [56], Code of Criminal Procedure, and the other
50 percent to the credit of the undedicated portion of the general
revenue fund, except that the department shall transfer the first
$10 million of the commissions collected in any given year under a
contract awarded under this section to the compensation to victims
of crime fund established by Subchapter J [B], Chapter 56B [56],
Code of Criminal Procedure. This section does not reduce any
appropriation to the department.
SECTION 2.47. Section 501.174, Government Code, is amended
to read as follows:
Sec. 501.174. DEPARTMENT TO ADOPT POLICY. The department
shall adopt a policy providing for:
(1) a designated administrator at each correctional
facility to post information throughout the facility describing how
an inmate may confidentially contact the ombudsperson regarding a
sexual assault;
(2) an inmate to write a confidential letter to the
ombudsperson regarding a sexual assault;
(3) employees at correctional facilities, on
notification of the occurrence of a sexual assault, to immediately:
(A) contact the ombudsperson and the office of
the inspector general; and
(B) ensure that the alleged victim is safe;
(4) the office of the inspector general, at the time
the office is notified of the sexual assault, to arrange for a
medical examination of the alleged victim to be conducted in
accordance with Subchapter F, Chapter 56A [Article 56.06], Code of
Criminal Procedure, or, if an appropriate employee of the office of
the inspector general is not available at the time the office is
notified of the sexual assault, a qualified employee at the
correctional facility to conduct a medical examination of the
alleged victim in accordance with that subchapter [Article 56.06,
Code of Criminal Procedure];
(5) a grievance proceeding under Section 501.008 based
on an alleged sexual assault to be exempt from any deadline
applicable to grievances initiated under that section; and
(6) each correctional facility to collect statistics
on all alleged sexual assaults against inmates confined in the
facility and to report the statistics to the ombudsperson.
SECTION 2.48. Section 508.191(c), Government Code, is
amended to read as follows:
(c) In this section, "victim" has the meaning assigned by
Article 56A.001 [56.01(3)], Code of Criminal Procedure.
SECTION 2.49. Sections 552.132(a), (c), and (d), Government
Code, are amended to read as follows:
(a) Except as provided by Subsection (d), in this section,
"crime victim or claimant" means a victim or claimant under
[Subchapter B,] Chapter 56B [56], Code of Criminal Procedure, who
has filed an application for compensation under that chapter
[subchapter].
(c) If the crime victim or claimant is awarded compensation
under Article 56B.103 or 56B.104 [Section 56.34], Code of Criminal
Procedure, as of the date of the award of compensation, the name of
the crime victim or claimant and the amount of compensation awarded
to that crime victim or claimant are public information and are not
excepted from the requirements of Section 552.021.
(d) An employee of a governmental body who is also a victim
under [Subchapter B,] Chapter 56B [56], Code of Criminal Procedure,
regardless of whether the employee has filed an application for
compensation under that chapter [subchapter], may elect whether to
allow public access to information held by the attorney general's
office or other governmental body that would identify or tend to
identify the victim, including a photograph or other visual
representation of the victim. An election under this subsection
must be made in writing on a form developed by the governmental
body, be signed by the employee, and be filed with the governmental
body before the third anniversary of the latest to occur of one of
the following:
(1) the date the crime was committed;
(2) the date employment begins; or
(3) the date the governmental body develops the form
and provides it to employees.
SECTION 2.50. Sections 552.1325(a)(1) and (2), Government
Code, are amended to read as follows:
(1) "Crime victim" means a person who is a victim as
defined by Article 56B.003 [56.32], Code of Criminal Procedure.
(2) "Victim impact statement" means a victim impact
statement under Subchapter D, Chapter 56A [Article 56.03], Code of
Criminal Procedure.
SECTION 2.51. Section 752.056(d), Government Code, is
amended to read as follows:
(d) A civil penalty collected under this section shall be
deposited to the credit of the compensation to victims of crime fund
established under Subchapter J [B], Chapter 56B [56], Code of
Criminal Procedure.
SECTION 2.52. Section 2009.053(a), Government Code, is
amended to read as follows:
(a) A governmental body may appoint a governmental officer
or employee or a private individual to serve as an impartial third
party in an alternative dispute resolution procedure. The
governmental body's appointment of the impartial third party is
subject to the approval of the parties, except:
(1) that when a State Office of Administrative
Hearings administrative law judge has issued an order referring a
case involving a state agency to an alternative dispute resolution
procedure under Section 2003.042(a)(5), the administrative law
judge may appoint the impartial third party for the parties if they
cannot agree on an impartial third party within a reasonable
period; or
(2) for a victim-offender mediation by the Texas
Department of Criminal Justice as described in Article 56A.602
[56.13], Code of Criminal Procedure.
SECTION 2.53. Section 181.059, Health and Safety Code, is
amended to read as follows:
Sec. 181.059. CRIME VICTIM COMPENSATION. This chapter does
not apply to any person or entity in connection with providing,
administering, supporting, or coordinating any of the benefits
regarding compensation to victims of crime as provided by
[Subchapter B,] Chapter 56B [56], Code of Criminal Procedure.
SECTION 2.54. Section 323.004(b), Health and Safety Code,
is amended to read as follows:
(b) A health care facility providing care to a sexual
assault survivor shall provide the survivor with:
(1) subject to Subsection (b-1), a forensic medical
examination in accordance with Subchapter B, Chapter 420,
Government Code, if the examination has been requested by a law
enforcement agency under Subchapter F, Chapter 56A [Article 56.06],
Code of Criminal Procedure, or is conducted under Subchapter G,
Chapter 56A [Article 56.065], Code of Criminal Procedure;
(2) a private area, if available, to wait or speak with
the appropriate medical, legal, or sexual assault crisis center
staff or volunteer until a physician, nurse, or physician assistant
is able to treat the survivor;
(3) access to a sexual assault program advocate, if
available, as provided by Subchapter H, Chapter 56A [Article
56.045], Code of Criminal Procedure;
(4) the information form required by Section 323.005;
(5) a private treatment room, if available;
(6) if indicated by the history of contact, access to
appropriate prophylaxis for exposure to sexually transmitted
infections; and
(7) the name and telephone number of the nearest
sexual assault crisis center.
SECTION 2.55. Section 323.005(a), Health and Safety Code,
is amended to read as follows:
(a) The department shall develop a standard information
form for sexual assault survivors that must include:
(1) a detailed explanation of the forensic medical
examination required to be provided by law, including a statement
that photographs may be taken of the genitalia;
(2) information regarding treatment of sexually
transmitted infections and pregnancy, including:
(A) generally accepted medical procedures;
(B) appropriate medications; and
(C) any contraindications of the medications
prescribed for treating sexually transmitted infections and
preventing pregnancy;
(3) information regarding drug-facilitated sexual
assault, including the necessity for an immediate urine test for
sexual assault survivors who may have been involuntarily drugged;
(4) information regarding crime victims compensation,
including:
(A) a statement that:
(i) a law enforcement agency will pay for
the forensic portion of an examination requested by the agency
under Subchapter F, Chapter 56A [Article 56.06], Code of Criminal
Procedure, and for the evidence collection kit; or
(ii) the Department of Public Safety will
pay the appropriate fees for the forensic portion of an examination
conducted under Subchapter G, Chapter 56A [Article 56.065], Code of
Criminal Procedure, and for the evidence collection kit; and
(B) reimbursement information for the medical
portion of the examination;
(5) an explanation that consent for the forensic
medical examination may be withdrawn at any time during the
examination;
(6) the name and telephone number of sexual assault
crisis centers statewide; and
(7) information regarding postexposure prophylaxis
for HIV infection.
SECTION 2.56. Section 241.007(e), Human Resources Code, is
amended to read as follows:
(e) The chief inspector general of the office of inspector
general, at the direction of the board of directors of the special
prosecution unit, shall notify the foreperson [foreman] of the
appropriate grand jury, in the manner provided by Article 20A.051
[20.09], Code of Criminal Procedure, if:
(1) the chief inspector general receives credible
evidence of illegal or improper conduct by department officers,
employees, or contractors that the inspector general reasonably
believes jeopardizes the health, safety, and welfare of children in
the custody of the department;
(2) the chief inspector general reasonably believes
the conduct:
(A) could constitute an offense under Article
104.003(a), Code of Criminal Procedure; and
(B) involves the alleged physical or sexual abuse
of a child in the custody of a department facility or an
investigation related to the alleged abuse; and
(3) the chief inspector general has reason to believe
that information concerning the conduct has not previously been
presented to the appropriate grand jury.
SECTION 2.57. Section 1701.253(b), Occupations Code, is
amended to read as follows:
(b) In establishing requirements under this section, the
commission shall require courses and programs to provide training
in:
(1) the investigation and documentation of cases that
involve:
(A) child abuse or neglect;
(B) family violence; and
(C) sexual assault;
(2) issues concerning sex offender characteristics;
and
(3) crime victims' rights under Chapter 56A [56], Code
of Criminal Procedure, and Chapter 57, Family Code, and the duty of
law enforcement agencies to ensure that a victim is afforded those
rights.
SECTION 2.58. Section 25.07(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if, in violation of a
condition of bond set in a family violence, sexual assault or abuse,
stalking, or trafficking case and related to the safety of a victim
or the safety of the community, an order issued under Subchapter A,
Chapter 7B [7A], Code of Criminal Procedure, an order issued under
Article 17.292, Code of Criminal Procedure, an order issued under
Section 6.504, Family Code, Chapter 83, Family Code, if the
temporary ex parte order has been served on the person, Chapter 85,
Family Code, or Subchapter F, Chapter 261, Family Code, or an order
issued by another jurisdiction as provided by Chapter 88, Family
Code, the person knowingly or intentionally:
(1) commits family violence or an act in furtherance
of an offense under Section 20A.02, 22.011, 22.021, or 42.072;
(2) communicates:
(A) directly with a protected individual or a
member of the family or household in a threatening or harassing
manner;
(B) a threat through any person to a protected
individual or a member of the family or household; or
(C) in any manner with the protected individual
or a member of the family or household except through the person's
attorney or a person appointed by the court, if the violation is of
an order described by this subsection and the order prohibits any
communication with a protected individual or a member of the family
or household;
(3) goes to or near any of the following places as
specifically described in the order or condition of bond:
(A) the residence or place of employment or
business of a protected individual or a member of the family or
household; or
(B) any child care facility, residence, or school
where a child protected by the order or condition of bond normally
resides or attends;
(4) possesses a firearm;
(5) harms, threatens, or interferes with the care,
custody, or control of a pet, companion animal, or assistance
animal that is possessed by a person protected by the order or
condition of bond; or
(6) removes, attempts to remove, or otherwise tampers
with the normal functioning of a global positioning monitoring
system.
SECTION 2.59. Section 25.071(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if, in violation of an order
issued under Subchapter C, Chapter 7B [Article 6.08], Code of
Criminal Procedure, the person knowingly or intentionally:
(1) commits an offense under Title 5 or Section 28.02,
28.03, or 28.08 and commits the offense because of bias or prejudice
as described by Article 42.014, Code of Criminal Procedure;
(2) communicates:
(A) directly with a protected individual in a
threatening or harassing manner;
(B) a threat through any person to a protected
individual; or
(C) in any manner with the protected individual,
if the order prohibits any communication with a protected
individual; or
(3) goes to or near the residence or place of
employment or business of a protected individual.
SECTION 2.60. Section 46.04(c), Penal Code, is amended to
read as follows:
(c) A person, other than a peace officer, as defined by
Section 1.07, actively engaged in employment as a sworn, full-time
paid employee of a state agency or political subdivision, who is
subject to an order issued under Section 6.504 or Chapter 85, Family
Code, under Article 17.292 or Subchapter A, Chapter 7B [7A], Code of
Criminal Procedure, or by another jurisdiction as provided by
Chapter 88, Family Code, commits an offense if the person possesses
a firearm after receiving notice of the order and before expiration
of the order.
SECTION 2.61. Section 77.051(a), Property Code, is amended
to read as follows:
(a) Notwithstanding the confidentiality provisions of
Subchapters C, D, E, and F, Chapter 58 [Chapters 57, 57A, 57B, and
57D], Code of Criminal Procedure, each holder who on March 1 holds
an unclaimed restitution payment that is presumed abandoned under
Section 76.013 or 508.322, Government Code, shall file a property
report with the comptroller on or before the following July 1. The
comptroller may prescribe the form to be used for the report
required by this section and may require the report to be filed
electronically.
SECTION 2.62. Section 77.252(a), Property Code, is amended
to read as follows:
(a) Except as provided by Subsection (b) and Chapter 56B
[56], Code of Criminal Procedure, money in the compensation to
victims of crime auxiliary fund may only be used to pay claims as
provided by this chapter and is not available for any other
purpose. Section 403.095, Government Code, does not apply to the
fund.
SECTION 2.63. Sections 92.0161(c) and (c-1), Property Code,
are amended to read as follows:
(c) If the tenant is a victim or a parent or guardian of a
victim of sexual assault under Section 22.011, Penal Code,
aggravated sexual assault under Section 22.021, Penal Code,
indecency with a child under Section 21.11, Penal Code, sexual
performance by a child under Section 43.25, Penal Code, continuous
sexual abuse of a child under Section 21.02, Penal Code, or an
attempt to commit any of the foregoing offenses under Section
15.01, Penal Code, that takes place during the preceding six-month
period on the premises or at any dwelling on the premises, the
tenant shall provide to the landlord or the landlord's agent a copy
of:
(1) documentation of the assault or abuse, or
attempted assault or abuse, of the victim from a licensed health
care services provider who examined the victim;
(2) documentation of the assault or abuse, or
attempted assault or abuse, of the victim from a licensed mental
health services provider who examined or evaluated the victim;
(3) documentation of the assault or abuse, or
attempted assault or abuse, of the victim from an individual
authorized under Chapter 420, Government Code, who provided
services to the victim; or
(4) documentation of a protective order issued under
Subchapter A, Chapter 7B [7A], Code of Criminal Procedure, except
for a temporary ex parte order.
(c-1) If the tenant is a victim or a parent or guardian of a
victim of stalking under Section 42.072, Penal Code, that takes
place during the preceding six-month period on the premises or at
any dwelling on the premises, the tenant shall provide to the
landlord or the landlord's agent a copy of:
(1) documentation of a protective order issued under
Subchapter A or B, Chapter 7B [7A or Article 6.09], Code of Criminal
Procedure, except for a temporary ex parte order; or
(2) documentation of the stalking from a provider of
services described by Subsection (c)(1), (2), or (3) and:
(A) a law enforcement incident report or, if a
law enforcement incident report is unavailable, another record
maintained in the ordinary course of business by a law enforcement
agency; and
(B) if the report or record described by
Paragraph (A) identifies the victim by means of a pseudonym, as
defined by Article 58.001 [57A.01], Code of Criminal Procedure, a
copy of a pseudonym form completed and returned under Article
58.152(a) [57A.02] of that code.
SECTION 2.64. Section 11.43(j), Tax Code, is amended to
read as follows:
(j) In addition to the items required by Subsection (f), an
application for a residence homestead exemption prescribed by the
comptroller and authorized by Section 11.13 must:
(1) list each owner of the residence homestead and the
interest of each owner;
(2) state that the applicant does not claim an
exemption under that section on another residence homestead in this
state or claim a residence homestead exemption on a residence
homestead outside this state;
(3) state that each fact contained in the application
is true;
(4) include a copy of the applicant's driver's license
or state-issued personal identification certificate unless the
applicant:
(A) is a resident of a facility that provides
services related to health, infirmity, or aging; or
(B) is certified for participation in the address
confidentiality program administered by the attorney general under
Subchapter B [C], Chapter 58 [56], Code of Criminal Procedure;
(5) state that the applicant has read and understands
the notice of the penalties required by Subsection (f); and
(6) be signed by the applicant.
SECTION 2.65. Section 25.025(a), Tax Code, as amended by
Chapters 34 (S.B. 1576), 41 (S.B. 256), 193 (S.B. 510), 1006 (H.B.
1278), and 1145 (H.B. 457), Acts of the 85th Legislature, Regular
Session, 2017, is reenacted and amended to read as follows:
(a) This section applies only to:
(1) a current or former peace officer as defined by
Article 2.12, Code of Criminal Procedure, and the spouse or
surviving spouse of the peace officer;
(2) the adult child of a current peace officer as
defined by Article 2.12, Code of Criminal Procedure;
(3) a county jailer as defined by Section 1701.001,
Occupations Code;
(4) an employee of the Texas Department of Criminal
Justice;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code;
(6) an individual who shows that the individual, the
individual's child, or another person in the individual's household
is a victim of family violence as defined by Section 71.004, Family
Code, by providing:
(A) a copy of a protective order issued under
Chapter 85, Family Code, or a magistrate's order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
or
(B) other independent documentary evidence
necessary to show that the individual, the individual's child, or
another person in the individual's household is a victim of family
violence;
(7) [(6)] an individual who shows that the individual,
the individual's child, or another person in the individual's
household is a victim of sexual assault or abuse, stalking, or
trafficking of persons by providing:
(A) a copy of a protective order issued under
Subchapter A or B, Chapter 7B [7A or Article 6.09], Code of Criminal
Procedure, or a magistrate's order for emergency protection issued
under Article 17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence
necessary to show that the individual, the individual's child, or
another person in the individual's household is a victim of sexual
assault or abuse, stalking, or trafficking of persons;
(8) [(7)] a participant in the address
confidentiality program administered by the attorney general under
Subchapter B [C], Chapter 58 [56], Code of Criminal Procedure, who
provides proof of certification under Article 58.059 [56.84], Code
of Criminal Procedure;
(9) [(8)] a federal judge, a state judge, or the
spouse of a federal judge or state judge;
(10) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(11) [(9)] a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters;
(12) [(10)] an officer or employee of a community
supervision and corrections department established under Chapter
76, Government Code, who performs a duty described by Section
76.004(b) of that code;
(13) [(11)] a criminal investigator of the United
States as described by Article 2.122(a), Code of Criminal
Procedure;
(14) [(12)] a police officer or inspector of the
United States Federal Protective Service;
(15) [(13)] a current or former United States attorney
or assistant United States attorney and the spouse and child of the
attorney;
(16) [(14)] a current or former employee of the office
of the attorney general who is or was assigned to a division of that
office the duties of which involve law enforcement;
(17) [(15)] a medical examiner or person who performs
forensic analysis or testing who is employed by this state or one or
more political subdivisions of this state;
(18) [(16)] a current or former member of the United
States armed forces who has served in an area that the president of
the United States by executive order designates for purposes of 26
U.S.C. Section 112 as an area in which armed forces of the United
States are or have engaged in combat;
(19) [(17)] a current or former employee of the Texas
Juvenile Justice Department or of the predecessors in function of
the department;
(20) [(18)] a current or former juvenile probation or
supervision officer certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code;
(21) [(19)] a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code; [and]
(22) [(18)] a current or former employee of the Texas
Civil Commitment Office or the predecessor in function of the
office or a division of the office; and
(23) [(18)] a current or former employee of a federal
judge or state judge.
ARTICLE 3. REPEALER
SECTION 3.01. The following provisions of the Code of
Criminal Procedure are repealed:
(1) Articles 6.08 and 6.09; and
(2) Chapters 7A, 19, 20, 54, 56, 57, 57A, 57B, 57C, and
57D.
ARTICLE 4. GENERAL MATTERS
SECTION 4.01. This Act is enacted under Section 43, Article
III, Texas Constitution. This Act is intended as a codification
only, and no substantive change in the law is intended by this Act.
SECTION 4.02. (a) Chapter 311, Government Code (Code
Construction Act), applies to the construction of each provision in
the Code of Criminal Procedure that is enacted under Section 43,
Article III, Texas Constitution (authorizing the continuing
statutory revision program), in the same manner as to a code enacted
under the continuing statutory revision program, except as
otherwise expressly provided by the Code of Criminal Procedure.
(b) A reference in a law to a statute or a part of a statute
in the Code of Criminal Procedure enacted under Section 43, Article
III, Texas Constitution (authorizing the continuing statutory
revision program), is considered to be a reference to the part of
that code that revises that statute or part of that statute.
SECTION 4.03. This Act takes effect January 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4173 was passed by the House on April
26, 2019, by the following vote: Yeas 139, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4173 was passed by the Senate on May
21, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor