Texas 2019 - 86th Regular

Texas House Bill HB4173 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4173
	1	+	By: Leach (Senate Sponsor - Kolkhorst) H.B. No. 4173
	2	+	(In the Senate - Received from the House April 29, 2019;
	3	+	April 30, 2019, read first time and referred to Committee on
	4	+	Criminal Justice; May 15, 2019, reported favorably by the
	5	+	following vote: Yeas 6, Nays 0; May 15, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the nonsubstantive revision of certain provisions of
6	12		the Code of Criminal Procedure, including conforming amendments.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		ARTICLE 1. NONSUBSTANTIVE REVISION OF CERTAIN PROVISIONS OF THE
9	15		CODE OF CRIMINAL PROCEDURE
10	16		SECTION 1.01. Chapter 1, Code of Criminal Procedure, is amended by adding Articles 1.025 and 1.026 to read as follows:
11	17		CHAPTER 1. GENERAL PROVISIONS
12	18		Art. 1.025. SEVERABILITY
13	19		Art. 1.026. CONSTRUCTION
14	20		CHAPTER 1. GENERAL PROVISIONS
15	21		Art. 1.025. SEVERABILITY. If any provision of this code or
16	22		its application to any person or circumstance is held invalid, the
17	23		invalidity does not affect other provisions or applications of the
18	24		code that can be given effect without the invalid provision or
19	25		application, and to this end the provisions of this code are
20	26		severable. (Code Crim. Proc., Art. 54.01.)
21	27		Art. 1.026. CONSTRUCTION. The articles contained in
22	28		Chapter 722 (S.B. 107), Acts of the 59th Legislature, Regular
23	29		Session, 1965, as revised, rewritten, changed, combined, and
24	30		codified, may not be construed as a continuation of former laws
25	31		except as otherwise provided in that Act. (Code Crim. Proc., Art.
26	32		54.02, Sec. 2(a) (part).)
27	33		SECTION 1.02. Title 1, Code of Criminal Procedure, is amended by adding Chapter 7B to read as follows:
28	34		CHAPTER 7B. PROTECTIVE ORDERS
29	35		SUBCHAPTER A. PROTECTIVE ORDER FOR VICTIMS OF SEXUAL ASSAULT OR
30	36		ABUSE, STALKING, OR TRAFFICKING
31	37		Art. 7B.001. APPLICATION FOR PROTECTIVE ORDER
32	38		Art. 7B.002. TEMPORARY EX PARTE ORDER
33	39		Art. 7B.003. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
34	40		ORDER
35	41		Art. 7B.004. HEARSAY STATEMENT OF CHILD VICTIM
36	42		Art. 7B.005. CONDITIONS SPECIFIED BY PROTECTIVE ORDER
37	43		Art. 7B.006. WARNING ON PROTECTIVE ORDER
38	44		Art. 7B.007. DURATION OF PROTECTIVE ORDER; RESCISSION
39	45		Art. 7B.008. APPLICATION OF OTHER LAW
40	46		SUBCHAPTER B. STALKING PROTECTIVE ORDER
41	47		Art. 7B.051. REQUEST FOR PROTECTIVE ORDER
42	48		Art. 7B.052. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
43	49		ORDER
44	50		Art. 7B.053. ENFORCEMENT
45	51		SUBCHAPTER C. PROTECTIVE ORDER PROHIBITING OFFENSE MOTIVATED BY
46	52		BIAS OR PREJUDICE
47	53		Art. 7B.101. REQUEST FOR PROTECTIVE ORDER
48	54		Art. 7B.102. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
49	55		ORDER
50	56		Art. 7B.103. ENFORCEMENT
51	57		Art. 7B.104. REPORTING
52	58		CHAPTER 7B. PROTECTIVE ORDERS
53	59		SUBCHAPTER A. PROTECTIVE ORDER FOR VICTIMS OF SEXUAL ASSAULT OR
54	60		ABUSE, STALKING, OR TRAFFICKING
55	61		Art. 7B.001. APPLICATION FOR PROTECTIVE ORDER. (a) The
56	62		following persons may file an application for a protective order
57	63		under this subchapter without regard to the relationship between
58	64		the applicant and the alleged offender:
59	65		(1) a person who is the victim of an offense under
60	66		Section 21.02, 21.11, 22.011, 22.021, or 42.072, Penal Code;
61	67		(2) a person who is the victim of an offense under
62	68		Section 20A.02, 20A.03, or 43.05, Penal Code;
63	69		(3) a parent or guardian acting on behalf of a person
64	70		younger than 17 years of age who is the victim of an offense listed
65	71		in Subdivision (1);
66	72		(4) a parent or guardian acting on behalf of a person
67	73		younger than 18 years of age who is the victim of an offense listed
68	74		in Subdivision (2); or
69	75		(5) a prosecuting attorney acting on behalf of a
70	76		person described by Subdivision (1), (2), (3), or (4).
71	77		(b) An application for a protective order under this
72	78		subchapter may be filed in:
73	79		(1) a district court, juvenile court having the
74	80		jurisdiction of a district court, statutory county court, or
75	81		constitutional county court in:
76	82		(A) the county in which the applicant resides;
77	83		(B) the county in which the alleged offender
78	84		resides; or
79	85		(C) any county in which an element of the alleged
80	86		offense occurred; or
81	87		(2) any court with jurisdiction over a protective
82	88		order under Title 4, Family Code, involving the same parties named
83	89		in the application. (Code Crim. Proc., Art. 7A.01.)
84	90		Art. 7B.002. TEMPORARY EX PARTE ORDER. If the court finds
85	91		from the information contained in an application for a protective
86	92		order that there is a clear and present danger of sexual assault or
87	93		abuse, stalking, trafficking, or other harm to the applicant, the
88	94		court, without further notice to the alleged offender and without a
89	95		hearing, may issue a temporary ex parte order for the protection of
90	96		the applicant or any other member of the applicant's family or
91	97		household. (Code Crim. Proc., Art. 7A.02.)
92	98		Art. 7B.003. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
93	99		ORDER. (a) At the close of a hearing on an application for a
94	100		protective order under this subchapter, the court shall find
95	101		whether there are reasonable grounds to believe that the applicant
96	102		is the victim of sexual assault or abuse, stalking, or trafficking.
97	103		(b) If the court finds that there are reasonable grounds to
98	104		believe that the applicant is the victim of sexual assault or abuse,
99	105		stalking, or trafficking, the court shall issue a protective order
100	106		that includes a statement of the required findings. (Code Crim.
101	107		Proc., Art. 7A.03.)
102	108		Art. 7B.004. HEARSAY STATEMENT OF CHILD VICTIM. In a
103	109		hearing on an application for a protective order under this
104	110		subchapter, a statement that is made by a child younger than 14
105	111		years of age who is the victim of an offense under Section 21.02,
106	112		21.11, 22.011, or 22.021, Penal Code, and that describes the
107	113		offense committed against the child is admissible as evidence in
108	114		the same manner that a child's statement regarding alleged abuse
109	115		against the child is admissible under Section 104.006, Family Code,
110	116		in a suit affecting the parent-child relationship. (Code Crim.
111	117		Proc., Art. 7A.035.)
112	118		Art. 7B.005. CONDITIONS SPECIFIED BY PROTECTIVE ORDER. (a)
113	119		In a protective order issued under this subchapter, the court may:
114	120		(1) order the alleged offender to take action as
115	121		specified by the court that the court determines is necessary or
116	122		appropriate to prevent or reduce the likelihood of future harm to
117	123		the applicant or a member of the applicant's family or household; or
118	124		(2) prohibit the alleged offender from:
119	125		(A) communicating:
120	126		(i) directly or indirectly with the
121	127		applicant or any member of the applicant's family or household in a
122	128		threatening or harassing manner; or
123	129		(ii) in any manner with the applicant or any
124	130		member of the applicant's family or household except through the
125	131		applicant's attorney or a person appointed by the court, if the
126	132		court finds good cause for the prohibition;
127	133		(B) going to or near the residence, place of
128	134		employment or business, or child-care facility or school of the
129	135		applicant or any member of the applicant's family or household;
130	136		(C) engaging in conduct directed specifically
131	137		toward the applicant or any member of the applicant's family or
132	138		household, including following the person, that is reasonably
133	139		likely to harass, annoy, alarm, abuse, torment, or embarrass the
134	140		person; and
135	141		(D) possessing a firearm, unless the alleged
136	142		offender is a peace officer, as defined by Section 1.07, Penal Code,
137	143		actively engaged in employment as a sworn, full-time paid employee
138	144		of a state agency or political subdivision.
139	145		(b) In a protective order that includes a condition
140	146		described by Subsection (a)(2)(B), the court shall specifically
141	147		describe each prohibited location and the minimum distance from the
142	148		location, if any, that the alleged offender must maintain. This
143	149		subsection does not apply to a protective order with respect to
144	150		which the court has received a request to maintain confidentiality
145	151		of information revealing the locations.
146	152		(c) In a protective order, the court may suspend a license
147	153		to carry a handgun issued under Section 411.177, Government Code,
148	154		that is held by the alleged offender. (Code Crim. Proc., Art.
149	155		7A.05.)
150	156		Art. 7B.006. WARNING ON PROTECTIVE ORDER. (a) Each
151	157		protective order issued under this subchapter, including a
152	158		temporary ex parte order, must contain the following prominently
153	159		displayed statements in boldfaced type, in capital letters, or
154	160		underlined:
155	161		"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
156	162		CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
157	163		JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
158	164		"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
159	165		ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
160	166		PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
161	167		VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
162	168		UNLESS A COURT CHANGES THE ORDER."
163	169		"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
164	170		DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
165	171		AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
166	172		SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
167	173		FIREARM OR AMMUNITION."
168	174		(b) Each protective order issued under this subchapter,
169	175		except for a temporary ex parte order, must contain the following
170	176		prominently displayed statement in boldfaced type, in capital
171	177		letters, or underlined:
172	178		"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
173	179		BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
174	180		CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
175	181		RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE
176	182		OFFENSE IN ADDITION TO A VIOLATION OF THIS ORDER." (Code Crim.
177	183		Proc., Art. 7A.06.)
178	184		Art. 7B.007. DURATION OF PROTECTIVE ORDER; RESCISSION. (a)
179	185		A protective order issued under Article 7B.003 may be effective for
180	186		the duration of the lives of the offender and victim or for any
181	187		shorter period stated in the order. If a period is not stated in the
182	188		order, the order is effective until the second anniversary of the
183	189		date the order was issued.
184	190		(b) The following persons may file at any time an
185	191		application with the court to rescind the protective order:
186	192		(1) a victim of an offense listed in Article
187	193		7B.001(a)(1) who is 17 years of age or older or a parent or guardian
188	194		acting on behalf of a victim who is younger than 17 years of age; or
189	195		(2) a victim of an offense listed in Article
190	196		7B.001(a)(2) or a parent or guardian acting on behalf of a victim
191	197		who is younger than 18 years of age.
192	198		(c) To the extent of any conflict with Section 85.025,
193	199		Family Code, this article prevails. (Code Crim. Proc., Art.
194	200		7A.07.)
195	201		Art. 7B.008. APPLICATION OF OTHER LAW. To the extent
196	202		applicable, except as otherwise provided by this subchapter, Title
197	203		4, Family Code, applies to a protective order issued under this
198	204		subchapter. (Code Crim. Proc., Art. 7A.04.)
199	205		SUBCHAPTER B. STALKING PROTECTIVE ORDER
200	206		Art. 7B.051. REQUEST FOR PROTECTIVE ORDER. (a) At any
201	207		proceeding related to an offense under Section 42.072, Penal Code,
202	208		in which the defendant appears before the court, a person may
203	209		request the court to issue a protective order under Title 4, Family
204	210		Code, for the protection of the person.
205	211		(b) The request under Subsection (a) is made by filing an
206	212		application for a protective order in the same manner as an
207	213		application for a protective order under Title 4, Family Code.
208	214		(Code Crim. Proc., Art. 6.09(a).)
209	215		Art. 7B.052. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
210	216		ORDER. The court shall issue a protective order in the manner
211	217		provided by Title 4, Family Code, if, in lieu of the finding that
212	218		family violence occurred and is likely to occur in the future as
213	219		required by Section 85.001, Family Code, the court finds that:
214	220		(1) probable cause exists to believe that an offense
215	221		under Section 42.072, Penal Code, was committed; and
216	222		(2) the nature of the scheme or course of conduct
217	223		engaged in by the defendant in committing the offense indicates the
218	224		defendant is likely in the future to engage in conduct prohibited by
219	225		Section 42.072(a)(1), (2), or (3), Penal Code. (Code Crim. Proc.,
220	226		Art. 6.09(b).)
221	227		Art. 7B.053. ENFORCEMENT. The procedure for the
222	228		enforcement of a protective order under Title 4, Family Code,
223	229		applies to the fullest extent practicable to the enforcement of a
224	230		protective order under this subchapter, including provisions
225	231		relating to findings, contents, duration, warning, delivery, law
226	232		enforcement duties, and modification. (Code Crim. Proc., Art.
227	233		6.09(c).)
228	234		SUBCHAPTER C. PROTECTIVE ORDER PROHIBITING OFFENSE MOTIVATED BY
229	235		BIAS OR PREJUDICE
230	236		Art. 7B.101. REQUEST FOR PROTECTIVE ORDER. A person may
231	237		request the court to issue a protective order under Title 4, Family
232	238		Code, for the protection of the person at any proceeding:
233	239		(1) in which the defendant appears in constitutional
234	240		county court, statutory county court, or district court;
235	241		(2) that is related to an offense under Title 5, Penal
236	242		Code, or Section 28.02, 28.03, or 28.08, Penal Code; and
237	243		(3) in which it is alleged that the defendant
238	244		committed the offense because of bias or prejudice as described by
239	245		Article 42.014. (Code Crim. Proc., Art. 6.08(a).)
240	246		Art. 7B.102. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
241	247		ORDER. The court shall issue a protective order in the manner
242	248		provided by Title 4, Family Code, if, in lieu of the finding that
243	249		family violence occurred and is likely to occur in the future as
244	250		required by Section 85.001, Family Code, the court finds that:
245	251		(1) probable cause exists to believe that an offense
246	252		under Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal
247	253		Code, was committed;
248	254		(2) the defendant committed the offense because of
249	255		bias or prejudice; and
250	256		(3) the nature of the scheme or course of conduct
251	257		engaged in by the defendant in committing the offense indicates the
252	258		defendant is likely in the future to:
253	259		(A) engage in conduct prohibited by Title 5,
254	260		Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code; and
255	261		(B) engage in that conduct described by Paragraph
256	262		(A) because of bias or prejudice. (Code Crim. Proc., Art. 6.08(b).)
257	263		Art. 7B.103. ENFORCEMENT. The procedure for the
258	264		enforcement of a protective order under Title 4, Family Code,
259	265		applies to the fullest extent practicable to the enforcement of a
260	266		protective order under this subchapter, including provisions
261	267		relating to findings, contents, duration, warning, delivery, law
262	268		enforcement duties, and modification, except that:
263	269		(1) the printed statement on the warning must refer to
264	270		the prosecution of subsequent offenses committed because of bias or
265	271		prejudice;
266	272		(2) the court shall require a constable to serve a
267	273		protective order issued under this subchapter; and
268	274		(3) the clerk of the court shall forward a copy of a
269	275		protective order issued under this subchapter to the Department of
270	276		Public Safety with a designation indicating that the order was
271	277		issued to prevent offenses committed because of bias or prejudice.
272	278		(Code Crim. Proc., Art. 6.08(c).)
273	279		Art. 7B.104. REPORTING. For an original or modified
274	280		protective order issued under this subchapter, on receipt of the
275	281		order from the clerk of the court, a law enforcement agency shall
276	282		immediately, but not later than the 10th day after the date the
277	283		order is received, enter the information required by Section
278	284		411.042(b)(6), Government Code, into the statewide law enforcement
279	285		information system maintained by the Department of Public Safety.
280	286		(Code Crim. Proc., Art. 6.08(d).)
281	287		SECTION 1.03. Title 1, Code of Criminal Procedure, is amended by adding Chapter 19A to read as follows:
282	288		CHAPTER 19A. GRAND JURY ORGANIZATION
283	289		SUBCHAPTER A. GENERAL PROVISIONS
284	290		Art. 19A.001. DEFINITIONS
285	291		SUBCHAPTER B. SELECTION AND SUMMONS OF PROSPECTIVE GRAND JURORS
286	292		Art. 19A.051. SELECTION AND SUMMONS OF PROSPECTIVE
287	293		GRAND JURORS
288	294		Art. 19A.052. QUALIFIED PERSONS SUMMONED
289	295		Art. 19A.053. ADDITIONAL QUALIFIED PERSONS SUMMONED
290	296		Art. 19A.054. FAILURE TO ATTEND
291	297		SUBCHAPTER C. GRAND JUROR QUALIFICATIONS; EXCUSES FROM SERVICE
292	298		Art. 19A.101. GRAND JUROR QUALIFICATIONS
293	299		Art. 19A.102. TESTING QUALIFICATIONS OF PROSPECTIVE
294	300		GRAND JURORS
295	301		Art. 19A.103. QUALIFIED GRAND JURORS ACCEPTED
296	302		Art. 19A.104. PERSONAL INFORMATION CONFIDENTIAL
297	303		Art. 19A.105. EXCUSES FROM GRAND JURY SERVICE
298	304		SUBCHAPTER D. CHALLENGE TO ARRAY OR GRAND JUROR
299	305		Art. 19A.151. ANY PERSON MAY CHALLENGE
300	306		Art. 19A.152. CHALLENGE TO ARRAY
301	307		Art. 19A.153. CHALLENGE TO GRAND JUROR
302	308		Art. 19A.154. DETERMINATION OF VALIDITY OF CHALLENGE
303	309		Art. 19A.155. ADDITIONAL PROSPECTIVE GRAND JURORS
304	310		SUMMONED FOLLOWING CHALLENGE
305	311		SUBCHAPTER E. IMPANELING OF GRAND JURY
306	312		Art. 19A.201. GRAND JURY IMPANELED
307	313		Art. 19A.202. OATH OF GRAND JURORS
308	314		Art. 19A.203. FOREPERSON
309	315		Art. 19A.204. COURT INSTRUCTIONS
310	316		SUBCHAPTER F. ORGANIZATION AND TERM OF GRAND JURY
311	317		Art. 19A.251. QUORUM
312	318		Art. 19A.252. DISQUALIFICATION OR UNAVAILABILITY OF
313	319		GRAND JUROR
314	320		Art. 19A.253. RECUSAL OF GRAND JUROR
315	321		Art. 19A.254. REASSEMBLY OF GRAND JURY
316	322		Art. 19A.255. EXTENSION OF TERM
317	323		SUBCHAPTER G. BAILIFFS
318	324		Art. 19A.301. BAILIFFS APPOINTED; COMPENSATION
319	325		Art. 19A.302. BAILIFF'S DUTIES
320	326		Art. 19A.303. BAILIFF'S VIOLATION OF DUTY
321	327		CHAPTER 19A. GRAND JURY ORGANIZATION
322	328		SUBCHAPTER A. GENERAL PROVISIONS
323	329		Art. 19A.001. DEFINITIONS. In this chapter:
324	330		(1) "Array" means the whole body of persons summoned
325	331		to serve as grand jurors before the grand jurors have been
326	332		impaneled.
327	333		(2) "Panel" means the whole body of grand jurors.
328	334		(Code Crim. Proc., Arts. 19.28, 19.29 (part).)
329	335		SUBCHAPTER B. SELECTION AND SUMMONS OF PROSPECTIVE GRAND JURORS
330	336		Art. 19A.051. SELECTION AND SUMMONS OF PROSPECTIVE GRAND
331	337		JURORS. (a) The district judge shall direct that the number of
332	338		prospective grand jurors the judge considers necessary to ensure an
333	339		adequate number of grand jurors under Article 19A.201 be selected
334	340		and summoned, with return on summons.
335	341		(b) The prospective grand jurors shall be selected and
336	342		summoned in the same manner as for the selection and summons of
337	343		panels for the trial of civil cases in the district courts.
338	344		(c) The judge shall test the qualifications for and excuses
339	345		from service as a grand juror and impanel the completed grand jury
340	346		as provided by this chapter. (Code Crim. Proc., Art. 19.01.)
341	347		Art. 19A.052. QUALIFIED PERSONS SUMMONED. On directing the
342	348		sheriff to summon grand jurors, the court shall instruct the
343	349		sheriff to not summon a person to serve as a grand juror who does not
344	350		possess the qualifications prescribed by law. (Code Crim. Proc.,
345	351		Art. 19.20.)
346	352		Art. 19A.053. ADDITIONAL QUALIFIED PERSONS SUMMONED. (a)
347	353		If fewer than 16 persons summoned to serve as grand jurors are found
348	354		to be in attendance and qualified to serve, the court shall order
349	355		the sheriff to summon an additional number of persons considered
350	356		necessary to constitute a grand jury of 12 grand jurors and four
351	357		alternate grand jurors.
352	358		(b) The sheriff shall summon the additional prospective
353	359		grand jurors under Subsection (a) in person to attend before the
354	360		court immediately. (Code Crim. Proc., Arts. 19.18, 19.19.)
355	361		Art. 19A.054. FAILURE TO ATTEND. The court, by an order
356	362		entered on the record, may impose a fine of not less than $100 and
357	363		not more than $500 on a legally summoned grand juror who fails to
358	364		attend without a reasonable excuse. (Code Crim. Proc., Art. 19.16.)
359	365		SUBCHAPTER C. GRAND JUROR QUALIFICATIONS; EXCUSES FROM SERVICE
360	366		Art. 19A.101. GRAND JUROR QUALIFICATIONS. A person may be
361	367		selected or serve as a grand juror only if the person:
362	368		(1) is at least 18 years of age;
363	369		(2) is a citizen of the United States;
364	370		(3) is a resident of this state and of the county in
365	371		which the person is to serve;
366	372		(4) is qualified under the constitution and other laws
367	373		to vote in the county in which the grand jury is sitting, regardless
368	374		of whether the person is registered to vote;
369	375		(5) is of sound mind and good moral character;
370	376		(6) is able to read and write;
371	377		(7) has not been convicted of misdemeanor theft or a
372	378		felony;
373	379		(8) is not under indictment or other legal accusation
374	380		for misdemeanor theft or a felony;
375	381		(9) is not related within the third degree by
376	382		consanguinity or second degree by affinity, as determined under
377	383		Chapter 573, Government Code, to any person selected to serve or
378	384		serving on the same grand jury;
379	385		(10) has not served as a grand juror in the year before
380	386		the date on which the term of court for which the person has been
381	387		selected as a grand juror begins; and
382	388		(11) is not a complainant in any matter to be heard by
383	389		the grand jury during the term of court for which the person has
384	390		been selected as a grand juror. (Code Crim. Proc., Art. 19.08.)
385	391		Art. 19A.102. TESTING QUALIFICATIONS OF PROSPECTIVE GRAND
386	392		JURORS. (a) When at least 14 persons summoned to serve as grand
387	393		jurors are present, the court shall test the qualifications of the
388	394		prospective grand jurors to serve as grand jurors.
389	395		(b) Before impaneling a grand juror, the court or a person
390	396		under the direction of the court must interrogate under oath each
391	397		person who is presented to serve as a grand juror regarding the
392	398		person's qualifications.
393	399		(c) In testing the qualifications of a person to serve as a
394	400		grand juror, the court or a person under the direction of the court
395	401		shall ask:
396	402		(1) "Are you a citizen of this state and county, and
397	403		qualified to vote in this county, under the constitution and laws of
398	404		this state?";
399	405		(2) "Are you able to read and write?";
400	406		(3) "Have you ever been convicted of misdemeanor theft
401	407		or any felony?"; and
402	408		(4) "Are you under indictment or other legal
403	409		accusation for misdemeanor theft or for any felony?". (Code Crim.
404	410		Proc., Arts. 19.21, 19.22, 19.23.)
405	411		Art. 19A.103. QUALIFIED GRAND JURORS ACCEPTED. If, by the
406	412		person's answer, it appears to the court that the person is a
407	413		qualified grand juror, the court shall accept the person as a grand
408	414		juror unless it is shown that the person:
409	415		(1) is not of sound mind or of good moral character; or
410	416		(2) is in fact not qualified to serve as a grand juror.
411	417		(Code Crim. Proc., Art. 19.24.)
412	418		Art. 19A.104. PERSONAL INFORMATION CONFIDENTIAL. (a)
413	419		Except as provided by Subsection (c), information collected by the
414	420		court, court personnel, or prosecuting attorney during the grand
415	421		jury selection process about a person who serves as a grand juror is
416	422		confidential and may not be disclosed by the court, court
417	423		personnel, or prosecuting attorney.
418	424		(b) Information that is confidential under Subsection (a)
419	425		includes a person's:
420	426		(1) home address;
421	427		(2) home telephone number;
422	428		(3) social security number;
423	429		(4) driver's license number; and
424	430		(5) other personal information.
425	431		(c) On a showing of good cause, the court shall permit
426	432		disclosure of the information sought to a party to the proceeding.
427	433		(Code Crim. Proc., Art. 19.42.)
428	434		Art. 19A.105. EXCUSES FROM GRAND JURY SERVICE. (a) The
429	435		court shall excuse from serving any summoned person who does not
430	436		possess the requisite qualifications.
431	437		(b) The following qualified persons may be excused from
432	438		grand jury service:
433	439		(1) a person older than 70 years of age;
434	440		(2) a person responsible for the care of a child
435	441		younger than 18 years of age;
436	442		(3) a student of a public or private secondary school;
437	443		(4) a person enrolled in and in actual attendance at an
438	444		institution of higher education; and
439	445		(5) any other person the court determines has a
440	446		reasonable excuse from service. (Code Crim. Proc., Art. 19.25.)
441	447		SUBCHAPTER D. CHALLENGE TO ARRAY OR GRAND JUROR
442	448		Art. 19A.151. ANY PERSON MAY CHALLENGE. (a) Before the
443	449		grand jury is impaneled, any person may challenge the array of grand
444	450		jurors or any person presented as a grand juror. The court may not
445	451		hear objections to the qualifications and legality of the grand
446	452		jury in any other way.
447	453		(b) A person confined in jail in the county shall, on the
448	454		person's request, be brought into court to make a challenge
449	455		described by Subsection (a). (Code Crim. Proc., Art. 19.27.)
450	456		Art. 19A.152. CHALLENGE TO ARRAY. (a) A challenge to the
451	457		array may be made only for the following causes:
452	458		(1) that the persons summoned as grand jurors are not
453	459		in fact the persons selected by the method provided by Article
454	460		19A.051; or
455	461		(2) that the officer who summoned the grand jurors
456	462		acted corruptly in summoning any grand juror.
457	463		(b) A challenge to the array must be made in writing. (Code
458	464		Crim. Proc., Art. 19.30.)
459	465		Art. 19A.153. CHALLENGE TO GRAND JUROR. (a) A challenge to
460	466		a grand juror may be made orally for any of the following causes:
461	467		(1) that the grand juror is insane;
462	468		(2) that the grand juror has a defect in the organs of
463	469		feeling or hearing, or a bodily or mental defect or disease that
464	470		renders the grand juror unfit for grand jury service, or that the
465	471		grand juror is legally blind and the court in its discretion is not
466	472		satisfied that the grand juror is fit for grand jury service in that
467	473		particular case;
468	474		(3) that the grand juror is a witness in or a target of
469	475		an investigation of a grand jury;
470	476		(4) that the grand juror served on a petit jury in a
471	477		former trial of the same alleged conduct or offense that the grand
472	478		jury is investigating;
473	479		(5) that the grand juror has a bias or prejudice in
474	480		favor of or against the person accused or suspected of committing an
475	481		offense that the grand jury is investigating;
476	482		(6) that from hearsay, or otherwise, there is
477	483		established in the mind of the grand juror a conclusion as to the
478	484		guilt or innocence of the person accused or suspected of committing
479	485		an offense that the grand jury is investigating that would
480	486		influence the grand juror's vote on the presentment of an
481	487		indictment;
482	488		(7) that the grand juror is related within the third
483	489		degree by consanguinity or affinity, as determined under Chapter
484	490		573, Government Code, to a person accused or suspected of
485	491		committing an offense that the grand jury is investigating or to a
486	492		person who is a victim of an offense that the grand jury is
487	493		investigating;
488	494		(8) that the grand juror has a bias or prejudice
489	495		against any phase of the law on which the state is entitled to rely
490	496		for an indictment;
491	497		(9) that the grand juror is not a qualified grand
492	498		juror; or
493	499		(10) that the grand juror is the prosecutor on an
494	500		accusation against the person making the challenge.
495	501		(b) A challenge under Subsection (a)(3) may be made ex
496	502		parte. The court shall review and rule on the challenge in an in
497	503		camera proceeding. The court shall seal any record of the
498	504		challenge.
499	505		(c) In this article, "legally blind" has the meaning
500	506		assigned by Article 35.16(a). (Code Crim. Proc., Art. 19.31.)
501	507		Art. 19A.154. DETERMINATION OF VALIDITY OF CHALLENGE. When
502	508		a person challenges the array or a grand juror, the court shall hear
503	509		proof and decide in a summary manner whether the challenge is well
504	510		founded. (Code Crim. Proc., Art. 19.32.)
505	511		Art. 19A.155. ADDITIONAL PROSPECTIVE GRAND JURORS SUMMONED
506	512		FOLLOWING CHALLENGE. (a) If the court sustains a challenge to the
507	513		array, the court shall order another grand jury to be summoned.
508	514		(b) If, because of a challenge to any particular grand
509	515		juror, fewer than 12 grand jurors remain, the court shall order the
510	516		panel to be completed. (Code Crim. Proc., Art. 19.33.)
511	517		SUBCHAPTER E. IMPANELING OF GRAND JURY
512	518		Art. 19A.201. GRAND JURY IMPANELED. (a) When at least 16
513	519		qualified grand jurors are found to be present, the court shall
514	520		select 12 fair and impartial persons as grand jurors and 4
515	521		additional persons as alternate grand jurors to serve on
516	522		disqualification or unavailability of a grand juror during the term
517	523		of the grand jury. The grand jurors and the alternate grand jurors
518	524		must be randomly selected from a fair cross section of the
519	525		population of the area served by the court.
520	526		(b) The court shall impanel the grand jurors and alternate
521	527		grand jurors, unless a challenge is made to the array or to a
522	528		particular person presented to serve as a grand juror or an
523	529		alternate grand juror.
524	530		(c) A grand juror is considered to be impaneled after the
525	531		grand juror's qualifications have been tested and the grand juror
526	532		has been sworn. (Code Crim. Proc., Arts. 19.26(a), (b) (part),
527	533		19.29 (part).)
528	534		Art. 19A.202. OATH OF GRAND JURORS. The court or a person
529	535		under the direction of the court shall administer the following
530	536		oath to the grand jurors when the grand jury is completed: "You
531	537		solemnly swear that you will diligently inquire into, and true
532	538		presentment make, of all such matters and things as shall be given
533	539		you in charge; the State's counsel, your fellows and your own, you
534	540		shall keep secret, unless required to disclose the same in the
535	541		course of a judicial proceeding in which the truth or falsity of
536	542		evidence given in the grand jury room, in a criminal case, shall be
537	543		under investigation. You shall present no person from envy, hatred
538	544		or malice; neither shall you leave any person unpresented for love,
539	545		fear, favor, affection or hope of reward; but you shall present
540	546		things truly as they come to your knowledge, according to the best
541	547		of your understanding, so help you God." (Code Crim. Proc., Art.
542	548		19.34 (part).)
543	549		Art. 19A.203. FOREPERSON. (a) When the grand jury is
544	550		completed, the court shall appoint one of the grand jurors as
545	551		foreperson.
546	552		(b) If the foreperson is for any cause absent or unable or
547	553		disqualified to act, the court shall appoint another grand juror as
548	554		foreperson. (Code Crim. Proc., Arts. 19.34 (part), 19.39.)
549	555		Art. 19A.204. COURT INSTRUCTIONS. The court shall instruct
550	556		the grand jury regarding the grand jurors' duty. (Code Crim. Proc.,
551	557		Art. 19.35.)
552	558		SUBCHAPTER F. ORGANIZATION AND TERM OF GRAND JURY
553	559		Art. 19A.251. QUORUM. Nine grand jurors constitute a
554	560		quorum for the purpose of discharging a duty or exercising a right
555	561		properly belonging to the grand jury. (Code Crim. Proc., Art.
556	562		19.40.)
557	563		Art. 19A.252. DISQUALIFICATION OR UNAVAILABILITY OF GRAND
558	564		JUROR. (a) On learning that a grand juror has become disqualified
559	565		or unavailable during the term of the grand jury, the attorney
560	566		representing the state shall prepare an order for the court:
561	567		(1) identifying the disqualified or unavailable grand
562	568		juror;
563	569		(2) stating the basis for the disqualification or
564	570		unavailability;
565	571		(3) dismissing the disqualified or unavailable grand
566	572		juror from the grand jury; and
567	573		(4) naming one of the alternate grand jurors as a
568	574		member of the grand jury.
569	575		(b) The procedure established by this article may be used on
570	576		disqualification or unavailability of a second or subsequent grand
571	577		juror during the term of the grand jury.
572	578		(c) For purposes of this article, a grand juror is
573	579		unavailable if the grand juror is unable to participate fully in the
574	580		duties of the grand jury because of:
575	581		(1) the death of the grand juror;
576	582		(2) a physical or mental illness of the grand juror; or
577	583		(3) any other reason the court determines constitutes
578	584		good cause for dismissing the grand juror. (Code Crim. Proc., Art.
579	585		19.26(b) (part).)
580	586		Art. 19A.253. RECUSAL OF GRAND JUROR. (a) A grand juror
581	587		who, during the course of the grand juror's service on the grand
582	588		jury, determines that the grand juror could be subject to a valid
583	589		challenge for cause under Article 19A.153, shall recuse himself or
584	590		herself from grand jury service until the cause no longer exists.
585	591		(b) A grand juror who knowingly fails to recuse himself or
586	592		herself under Subsection (a) may be held in contempt of court.
587	593		(c) A person authorized to be present in the grand jury room
588	594		shall report a known violation of Subsection (a) to the court.
589	595		(d) The court shall instruct the grand jury regarding the
590	596		duty imposed by this article. (Code Crim. Proc., Art. 19.315.)
591	597		Art. 19A.254. REASSEMBLY OF GRAND JURY. A grand jury
592	598		discharged by the court for the term may be reassembled by the court
593	599		at any time during the term. (Code Crim. Proc., Art. 19.41.)
594	600		Art. 19A.255. EXTENSION OF TERM. (a) If, before the
595	601		expiration of the term for which the grand jury was impaneled, the
596	602		foreperson or a majority of the grand jurors declares in open court
597	603		that the grand jury's investigation of the matters before the grand
598	604		jury cannot be concluded before the expiration of the term, the
599	605		judge of the district court in which the grand jury was impaneled
600	606		may, by an order entered on the minutes of the court, extend, from
601	607		time to time, the period during which the grand jury serves, for the
602	608		purpose of concluding the investigation of matters then before the
603	609		grand jury.
604	610		(b) The extended period during which the grand jury serves
605	611		under Subsection (a) may not exceed a total of 90 days after the
606	612		expiration date of the term for which the grand jury was impaneled.
607	613		(c) All indictments pertaining to the investigation for
608	614		which the extension was granted returned by the grand jury during
609	615		the extended period are as valid as if returned before the
610	616		expiration of the term. (Code Crim. Proc., Art. 19.07.)
611	617		SUBCHAPTER G. BAILIFFS
612	618		Art. 19A.301. BAILIFFS APPOINTED; COMPENSATION. (a) The
613	619		court and the district attorney may each appoint one or more
614	620		bailiffs to attend to the grand jury.
615	621		(b) The court, or a person under the direction of the court,
616	622		shall administer the following oath to each bailiff at the time of
617	623		appointment: "You solemnly swear that you will faithfully and
618	624		impartially perform all the duties of bailiff of the grand jury, and
619	625		that you will keep secret the proceedings of the grand jury, so help
620	626		you God."
621	627		(c) Bailiffs appointed under this article shall be
622	628		compensated in an amount set by the applicable county commissioners
623	629		court. (Code Crim. Proc., Art. 19.36.)
624	630		Art. 19A.302. BAILIFF'S DUTIES. (a) A bailiff shall:
625	631		(1) obey the instructions of the foreperson;
626	632		(2) summon all witnesses; and
627	633		(3) perform all duties the foreperson requires of the
628	634		bailiff.
629	635		(b) One bailiff shall always be with the grand jury if two or
630	636		more bailiffs are appointed. (Code Crim. Proc., Art. 19.37.)
631	637		Art. 19A.303. BAILIFF'S VIOLATION OF DUTY. (a) A bailiff
632	638		may not:
633	639		(1) take part in the discussions or deliberations of
634	640		the grand jury; or
635	641		(2) be present when the grand jury is discussing or
636	642		voting on a question.
637	643		(b) The grand jury shall report to the court any violation
638	644		of duty by a bailiff. The court may punish the bailiff for the
639	645		violation as for contempt. (Code Crim. Proc., Art. 19.38.)
640	646		SECTION 1.04. Title 1, Code of Criminal Procedure, is amended by adding Chapter 20A to read as follows:
641	647		CHAPTER 20A. GRAND JURY PROCEEDINGS
642	648		SUBCHAPTER A. GENERAL PROVISIONS
643	649		Art. 20A.001. DEFINITIONS
644	650		SUBCHAPTER B. DUTIES OF GRAND JURY AND GRAND JURORS
645	651		Art. 20A.051. DUTIES OF GRAND JURY
646	652		Art. 20A.052. DUTIES AND POWERS OF FOREPERSON
647	653		Art. 20A.053. MEETING AND ADJOURNMENT
648	654		SUBCHAPTER C. GRAND JURY ROOM; PERSONS AUTHORIZED TO BE PRESENT
649	655		Art. 20A.101. GRAND JURY ROOM
650	656		Art. 20A.102. PERSONS WHO MAY BE PRESENT IN GRAND JURY
651	657		ROOM
652	658		Art. 20A.103. ATTORNEY REPRESENTING STATE ENTITLED TO
653	659		APPEAR
654	660		Art. 20A.104. PERSONS WHO MAY ADDRESS GRAND JURY
655	661		SUBCHAPTER D. ADVICE TO GRAND JURY
656	662		Art. 20A.151. ADVICE FROM ATTORNEY REPRESENTING STATE
657	663		Art. 20A.152. ADVICE FROM COURT
658	664		SUBCHAPTER E. RECORDING AND DISCLOSURE OF GRAND JURY PROCEEDINGS
659	665		Art. 20A.201. RECORDING OF ACCUSED OR SUSPECTED
660	666		PERSON'S TESTIMONY; RETENTION OF
661	667		RECORDS
662	668		Art. 20A.202. PROCEEDINGS SECRET
663	669		Art. 20A.203. DISCLOSURE BY PERSON IN PROCEEDING
664	670		PROHIBITED
665	671		Art. 20A.204. DISCLOSURE BY ATTORNEY REPRESENTING
666	672		STATE
667	673		Art. 20A.205. PETITION FOR DISCLOSURE BY DEFENDANT
668	674		SUBCHAPTER F. WITNESSES
669	675		Art. 20A.251. IN-COUNTY WITNESS
670	676		Art. 20A.252. OUT-OF-COUNTY WITNESS
671	677		Art. 20A.253. EXECUTION OF PROCESS
672	678		Art. 20A.254. EVASION OF PROCESS
673	679		Art. 20A.255. WITNESS REFUSAL TO TESTIFY
674	680		Art. 20A.256. WITNESS OATH
675	681		Art. 20A.257. EXAMINATION OF WITNESSES
676	682		Art. 20A.258. EXAMINATION OF ACCUSED OR SUSPECTED
677	683		PERSON
678	684		Art. 20A.259. PEACE OFFICER TESTIMONY BY VIDEO
679	685		TELECONFERENCING
680	686		SUBCHAPTER G. INDICTMENT
681	687		Art. 20A.301. VOTING ON INDICTMENT
682	688		Art. 20A.302. PREPARATION OF INDICTMENT
683	689		Art. 20A.303. PRESENTMENT OF INDICTMENT
684	690		Art. 20A.304. PRESENTMENT OF INDICTMENT ENTERED IN
685	691		RECORD
686	692		CHAPTER 20A. GRAND JURY PROCEEDINGS
687	693		SUBCHAPTER A. GENERAL PROVISIONS
688	694		Art. 20A.001. DEFINITIONS. In this chapter:
689	695		(1) "Attorney representing the state" means the
690	696		attorney general, district attorney, criminal district attorney,
691	697		or county attorney.
692	698		(2) "Foreperson" means the foreperson of the grand
693	699		jury appointed under Article 19A.203. (Code Crim. Proc., Art.
694	700		20.03 (part); New.)
695	701		SUBCHAPTER B. DUTIES OF GRAND JURY AND GRAND JURORS
696	702		Art. 20A.051. DUTIES OF GRAND JURY. The grand jury shall
697	703		inquire into all offenses subject to indictment of which any grand
698	704		juror may have knowledge or of which the grand jury is informed by
699	705		the attorney representing the state or by any other credible
700	706		person. (Code Crim. Proc., Art. 20.09.)
701	707		Art. 20A.052. DUTIES AND POWERS OF FOREPERSON. (a) The
702	708		foreperson shall:
703	709		(1) preside over the grand jury's sessions; and
704	710		(2) conduct the grand jury's business and proceedings
705	711		in an orderly manner.
706	712		(b) The foreperson may appoint one or more of the grand
707	713		jurors to act as clerks for the grand jury. (Code Crim. Proc., Art.
708	714		20.07.)
709	715		Art. 20A.053. MEETING AND ADJOURNMENT. The grand jury
710	716		shall meet and adjourn at times agreed on by a majority of the grand
711	717		jury, except that the grand jury may not adjourn for more than three
712	718		consecutive days unless the court consents to the adjournment.
713	719		With the court's consent, the grand jury may adjourn for a longer
714	720		period and shall conform the grand jury's adjournments as closely
715	721		as possible to the court's adjournments. (Code Crim. Proc., Art.
716	722		20.08.)
717	723		SUBCHAPTER C. GRAND JURY ROOM; PERSONS AUTHORIZED TO BE PRESENT
718	724		Art. 20A.101. GRAND JURY ROOM. After the grand jury is
719	725		organized, the grand jury shall discharge the grand jury's duties
720	726		in a suitable place that the sheriff shall prepare for the grand
721	727		jury's sessions. (Code Crim. Proc., Art. 20.01.)
722	728		Art. 20A.102. PERSONS WHO MAY BE PRESENT IN GRAND JURY ROOM.
723	729		(a) While the grand jury is conducting proceedings, only the
724	730		following persons may be present in the grand jury room:
725	731		(1) a grand juror;
726	732		(2) a bailiff;
727	733		(3) the attorney representing the state;
728	734		(4) a witness:
729	735		(A) while the witness is being examined; or
730	736		(B) when the witness's presence is necessary to
731	737		assist the attorney representing the state in examining another
732	738		witness or presenting evidence to the grand jury;
733	739		(5) an interpreter, if necessary;
734	740		(6) a stenographer or a person operating an electronic
735	741		recording device, as provided by Article 20A.201; and
736	742		(7) a person operating a video teleconferencing system
737	743		for use under Article 20A.259.
738	744		(b) While the grand jury is deliberating, only a grand juror
739	745		may be present in the grand jury room. (Code Crim. Proc., Art.
740	746		20.011.)
741	747		Art. 20A.103. ATTORNEY REPRESENTING STATE ENTITLED TO
742	748		APPEAR. The attorney representing the state is entitled to appear
743	749		before the grand jury and inform the grand jury of offenses subject
744	750		to indictment at any time except when the grand jury is discussing
745	751		the propriety of finding an indictment or is voting on an
746	752		indictment. (Code Crim. Proc., Art. 20.03 (part).)
747	753		Art. 20A.104. PERSONS WHO MAY ADDRESS GRAND JURY. No person
748	754		may address the grand jury about a matter before the grand jury
749	755		other than the attorney representing the state, a witness, or the
750	756		accused or suspected person or the attorney for the accused or
751	757		suspected person if approved by the attorney representing the
752	758		state. (Code Crim. Proc., Art. 20.04 (part).)
753	759		SUBCHAPTER D. ADVICE TO GRAND JURY
754	760		Art. 20A.151. ADVICE FROM ATTORNEY REPRESENTING STATE. The
755	761		grand jury may send for the attorney representing the state and ask
756	762		the attorney's advice on any matter of law or on any question
757	763		regarding the discharge of the grand jury's duties. (Code Crim.
758	764		Proc., Art. 20.05.)
759	765		Art. 20A.152. ADVICE FROM COURT. (a) The grand jury may
760	766		seek and receive advice from the court regarding any matter before
761	767		the grand jury. For that purpose, the grand jury shall go into
762	768		court in a body.
763	769		(b) The grand jury shall ensure that the manner in which the
764	770		grand jury's questions are asked does not divulge the particular
765	771		accusation pending before the grand jury.
766	772		(c) The grand jury may submit questions to the court in
767	773		writing. The court may respond to those questions in writing. (Code
768	774		Crim. Proc., Art. 20.06.)
769	775		SUBCHAPTER E. RECORDING AND DISCLOSURE OF GRAND JURY PROCEEDINGS
770	776		Art. 20A.201. RECORDING OF ACCUSED OR SUSPECTED PERSON'S
771	777		TESTIMONY; RETENTION OF RECORDS. (a) The examination of an accused
772	778		or suspected person before the grand jury and that person's
773	779		testimony shall be recorded by a stenographer or by use of an
774	780		electronic device capable of recording sound.
775	781		(b) The validity of a grand jury proceeding is not affected
776	782		by an unintentional failure to record all or part of the examination
777	783		or testimony under Subsection (a).
778	784		(c) The attorney representing the state shall maintain
779	785		possession of all records other than stenographer's notes made
780	786		under Subsection (a) and any typewritten transcription of those
781	787		records, except as otherwise provided by this subchapter. (Code
782	788		Crim. Proc., Art. 20.012.)
783	789		Art. 20A.202. PROCEEDINGS SECRET. (a) Grand jury
784	790		proceedings are secret.
785	791		(b) A subpoena or summons relating to a grand jury
786	792		proceeding or investigation must be kept secret to the extent and
787	793		for as long as necessary to prevent the unauthorized disclosure of a
788	794		matter before the grand jury. This subsection may not be construed
789	795		to limit a disclosure permitted by Article 20A.204(b), (c), or (d)
790	796		or 20A.205(a) or (b). (Code Crim. Proc., Arts. 20.02(a), (h).)
791	797		Art. 20A.203. DISCLOSURE BY PERSON IN PROCEEDING
792	798		PROHIBITED. (a) A grand juror, bailiff, interpreter, stenographer
793	799		or person operating an electronic recording device, person
794	800		preparing a typewritten transcription of a stenographic or
795	801		electronic recording, or person operating a video teleconferencing
796	802		system for use under Article 20A.259 who discloses anything
797	803		transpiring before the grand jury in the course of the grand jury's
798	804		official duties, regardless of whether the thing transpiring is
799	805		recorded, may be punished by a fine not to exceed $500, as for
800	806		contempt of court, by a term of confinement not to exceed 30 days,
801	807		or both.
802	808		(b) A witness who reveals any matter about which the witness
803	809		is examined or that the witness observes during a grand jury
804	810		proceeding, other than when the witness is required to give
805	811		evidence on that matter in due course, may be punished by a fine not
806	812		to exceed $500, as for contempt of court, and by a term of
807	813		confinement not to exceed six months. (Code Crim. Proc., Arts.
808	814		20.02(b), 20.16(b).)
809	815		Art. 20A.204. DISCLOSURE BY ATTORNEY REPRESENTING STATE.
810	816		(a) The attorney representing the state may not disclose anything
811	817		transpiring before the grand jury except as permitted by this
812	818		article or Article 20A.205(a) or (b).
813	819		(b) In performing the attorney's duties, the attorney
814	820		representing the state may disclose or permit a disclosure of a
815	821		record made under Article 20A.201 or a typewritten transcription of
816	822		that record, or may make or permit a disclosure otherwise
817	823		prohibited by Article 20A.203, to a grand juror serving on the grand
818	824		jury before which the record was made, another grand jury, a law
819	825		enforcement agency, or a prosecuting attorney, as the attorney
820	826		representing the state determines is necessary to assist the
821	827		attorney in the performance of the attorney's duties.
822	828		(c) The attorney representing the state shall warn any
823	829		person authorized to receive information under Subsection (b) of
824	830		the person's duty to maintain the secrecy of the information.
825	831		(d) A person who receives information under Subsection (b)
826	832		and discloses that information for purposes other than those
827	833		permitted by that subsection may be punished for contempt in the
828	834		same manner as a person who violates Article 20A.203(a). (Code
829	835		Crim. Proc., Arts. 20.02(c), (g).)
830	836		Art. 20A.205. PETITION FOR DISCLOSURE BY DEFENDANT. (a)
831	837		The defendant may petition a court to order the disclosure of
832	838		information made secret by Article 20A.202, 20A.203(a), or 20A.204,
833	839		including a recording or typewritten transcription under Article
834	840		20A.201, as a matter preliminary to or in connection with a judicial
835	841		proceeding. The court may order disclosure of the information if
836	842		the defendant shows a particularized need.
837	843		(b) A petition for disclosure under Subsection (a) must be
838	844		filed in the district court in which the case is pending. The
839	845		defendant must also file a copy of the petition with the attorney
840	846		representing the state, the parties to the judicial proceeding, and
841	847		any other person the court requires. Each person who receives a
842	848		copy of the petition under this subsection is entitled to appear
843	849		before the court. The court shall provide interested parties with
844	850		an opportunity to appear and present arguments for or against the
845	851		requested disclosure.
846	852		(c) A person who receives information under this article and
847	853		discloses that information may be punished for contempt in the same
848	854		manner as a person who violates Article 20A.203(a). (Code
849	855		Crim. Proc., Arts. 20.02(d), (e), (f).)
850	856		SUBCHAPTER F. WITNESSES
851	857		Art. 20A.251. IN-COUNTY WITNESS. (a) In term time or
852	858		vacation, the foreperson or the attorney representing the state may
853	859		issue a summons or attachment for any witness in the county in which
854	860		the grand jury sits.
855	861		(b) A summons or attachment issued under Subsection (a) may
856	862		require the witness to appear before the grand jury at a specified
857	863		time, or immediately, without stating the matter under
858	864		investigation. (Code Crim. Proc., Art. 20.10.)
859	865		Art. 20A.252. OUT-OF-COUNTY WITNESS. (a) The foreperson
860	866		or the attorney representing the state may cause a subpoena or
861	867		attachment for a witness to be issued to any county in the state by
862	868		submitting a written application to the district court stating the
863	869		name and residence of the witness and that the witness's testimony
864	870		is believed to be material.
865	871		(b) A subpoena or attachment issued under this article:
866	872		(1) is returnable to the grand jury in session or to
867	873		the next grand jury for the county in which the subpoena or
868	874		attachment was issued, as determined by the applicant; and
869	875		(2) shall be served and returned in the manner
870	876		prescribed by Chapter 24.
871	877		(c) A subpoena issued under this article may require the
872	878		witness to appear and produce records and documents.
873	879		(d) A witness subpoenaed under this article shall be
874	880		compensated as provided by this code.
875	881		(e) An attachment issued under this article must command the
876	882		sheriff or any constable of the county in which the witness resides
877	883		to serve the witness and to bring the witness before the grand jury
878	884		at a time and place specified in the attachment.
879	885		(f) The attorney representing the state may cause an
880	886		attachment to be issued under this article in term time or vacation.
881	887		(Code Crim. Proc., Arts. 20.11, 20.12.)
882	888		Art. 20A.253. EXECUTION OF PROCESS. (a) A bailiff or other
883	889		officer who receives process to be served from the grand jury shall
884	890		immediately execute the process and return the process to:
885	891		(1) the foreperson, if the grand jury is in session; or
886	892		(2) the district clerk, if the grand jury is not in
887	893		session.
888	894		(b) If the process is returned unexecuted, the return must
889	895		state why the process was not executed. (Code Crim. Proc.,
890	896		Art. 20.13.)
891	897		Art. 20A.254. EVASION OF PROCESS. If the court determines
892	898		that a witness for whom an attachment has been issued to appear
893	899		before the grand jury is in any manner wilfully evading the service
894	900		of the summons or attachment, the court may fine the witness, as for
895	901		contempt, in an amount not to exceed $500. (Code Crim. Proc.,
896	902		Art. 20.14.)
897	903		Art. 20A.255. WITNESS REFUSAL TO TESTIFY. (a) If a witness
898	904		brought in any manner before a grand jury refuses to testify, the
899	905		witness's refusal shall be communicated to the attorney
900	906		representing the state or to the court.
901	907		(b) The court may compel a witness described by Subsection
902	908		(a) to answer a proper question by imposing a fine not to exceed
903	909		$500 and by committing the witness to jail until the witness is
904	910		willing to testify. (Code Crim. Proc., Art. 20.15.)
905	911		Art. 20A.256. WITNESS OATH. Before each witness is
906	912		examined, the foreperson or a person under the foreperson's
907	913		direction shall administer the following oath to the witness: "You
908	914		solemnly swear that you will not reveal, by your words or conduct,
909	915		and will keep secret any matter about which you may be examined or
910	916		that you have observed during the proceedings of the grand jury, and
911	917		that you will answer truthfully the questions asked of you by the
912	918		grand jury, or under its direction, so help you God." (Code Crim.
913	919		Proc., Art. 20.16(a).)
914	920		Art. 20A.257. EXAMINATION OF WITNESSES. (a) Only a grand
915	921		juror or the attorney representing the state may examine a witness
916	922		before the grand jury.
917	923		(b) The attorney representing the state shall advise the
918	924		grand jury regarding the proper mode of examining a witness.
919	925		(c) If a felony has been committed in any county in the grand
920	926		jury's jurisdiction, and the name of the offender is known or
921	927		unknown or if it is uncertain when or how the felony was committed,
922	928		the grand jury shall first state the subject matter under
923	929		investigation to a witness called before the grand jury and may then
924	930		ask questions relevant to the transaction in general terms and in a
925	931		manner that enables a determination as to whether the witness has
926	932		knowledge of the violation of any particular law by any person, and
927	933		if so, by what person. (Code Crim. Proc., Arts. 20.04 (part),
928	934		20.18.)
929	935		Art. 20A.258. EXAMINATION OF ACCUSED OR SUSPECTED PERSON.
930	936		(a) Before the examination of an accused or suspected person who is
931	937		subpoenaed to appear before the grand jury, the person shall be:
932	938		(1) provided the warnings described by Subsection (b)
933	939		orally and in writing; and
934	940		(2) given a reasonable opportunity to:
935	941		(A) retain counsel or apply to the court for an
936	942		appointed attorney; and
937	943		(B) consult with counsel before appearing before
938	944		the grand jury.
939	945		(b) The warnings required under Subsection (a)(1) must
940	946		consist of the following:
941	947		"Your testimony before this grand jury is under oath. Any
942	948		material question that is answered falsely before this grand jury
943	949		subjects you to being prosecuted for aggravated perjury. You have
944	950		the right to refuse to make answers to any question, the answer to
945	951		which would incriminate you in any manner. You have the right to
946	952		have a lawyer present outside this chamber to advise you before
947	953		making answers to questions you feel might incriminate you. Any
948	954		testimony you give may be used against you at any subsequent
949	955		proceeding. If you are unable to employ a lawyer, you have the
950	956		right to have a lawyer appointed to advise you before making an
951	957		answer to a question, the answer to which you feel might incriminate
952	958		you."
953	959		(c) In examining an accused or suspected person, the grand
954	960		jury shall:
955	961		(1) first state:
956	962		(A) the offense of which the person is accused or
957	963		suspected;
958	964		(B) the county in which the offense is alleged to
959	965		have been committed; and
960	966		(C) as closely as possible, the time the offense
961	967		was committed; and
962	968		(2) direct the examination to the offense under
963	969		investigation. (Code Crim. Proc., Art. 20.17.)
964	970		Art. 20A.259. PEACE OFFICER TESTIMONY BY VIDEO
965	971		TELECONFERENCING. (a) With the consent of the foreperson and the
966	972		attorney representing the state, a peace officer summoned to
967	973		testify before the grand jury may testify through the use of a
968	974		closed circuit video teleconferencing system that provides a
969	975		simultaneous, encrypted, compressed full motion video and
970	976		interactive communication of image and sound between the officer,
971	977		the grand jury, and the attorney representing the state.
972	978		(b) In addition to being administered the oath required
973	979		under Article 20A.256, before being examined, a peace officer
974	980		testifying through the use of a closed circuit video
975	981		teleconferencing system under this article shall affirm that the
976	982		officer's testimony:
977	983		(1) cannot be heard by any person other than a person
978	984		in the grand jury room; and
979	985		(2) is not being recorded or otherwise preserved by
980	986		any person at the location from which the officer is testifying.
981	987		(c) Testimony received from a peace officer under this
982	988		article shall be recorded in the same manner as other testimony
983	989		taken before the grand jury and shall be preserved. (Code Crim.
984	990		Proc., Art. 20.151.)
985	991		SUBCHAPTER G. INDICTMENT
986	992		Art. 20A.301. VOTING ON INDICTMENT. After all the
987	993		testimony accessible to the grand jury has been given with respect
988	994		to any criminal accusation, the grand jury shall vote on the
989	995		presentment of an indictment. If at least nine grand jurors concur
990	996		in finding the bill, the foreperson shall make a memorandum of the
991	997		vote with any information enabling the attorney representing the
992	998		state to prepare the indictment. (Code Crim. Proc., Art. 20.19.)
993	999		Art. 20A.302. PREPARATION OF INDICTMENT. (a) The attorney
994	1000		representing the state shall prepare, with as little delay as
995	1001		possible, each indictment found by the grand jury and shall deliver
996	1002		the indictment to the foreperson. The attorney shall endorse on the
997	1003		indictment the name of each witness on whose testimony the
998	1004		indictment was found.
999	1005		(b) The foreperson shall officially sign each indictment
1000	1006		prepared and delivered under Subsection (a). (Code Crim. Proc.,
1001	1007		Art. 20.20.)
1002	1008		Art. 20A.303. PRESENTMENT OF INDICTMENT. When an
1003	1009		indictment is ready to be presented, the grand jury shall, through
1004	1010		the foreperson, deliver the indictment to the judge or court clerk.
1005	1011		At least nine grand jurors must be present to deliver the
1006	1012		indictment. (Code Crim. Proc., Art. 20.21.)
1007	1013		Art. 20A.304. PRESENTMENT OF INDICTMENT ENTERED IN RECORD.
1008	1014		(a) If the defendant is in custody or under bond at the time the
1009	1015		indictment is presented, the fact of the presentment shall be
1010	1016		entered in the court's record, noting briefly the style of the
1011	1017		criminal action, the file number of the indictment, and the
1012	1018		defendant's name.
1013	1019		(b) If the defendant is not in custody or under bond at the
1014	1020		time the indictment is presented, the indictment may not be made
1015	1021		public and the entry in the court's record relating to the
1016	1022		indictment must be delayed until the capias is served and the
1017	1023		defendant is placed in custody or under bond. (Code Crim. Proc.,
1018	1024		Art. 20.22.)
1019	1025		SECTION 1.05. Title 1, Code of Criminal Procedure, is amended by adding Chapter 56A to read as follows:
1020	1026		CHAPTER 56A. RIGHTS OF CRIME VICTIMS
1021	1027		SUBCHAPTER A. GENERAL PROVISIONS
1022	1028		Art. 56A.001. DEFINITIONS
1023	1029		SUBCHAPTER B. CRIME VICTIMS' RIGHTS
1024	1030		Art. 56A.051. GENERAL RIGHTS
1025	1031		Art. 56A.052. ADDITIONAL RIGHTS OF VICTIMS OF SEXUAL
1026	1032		ASSAULT, STALKING, OR TRAFFICKING
1027	1033		Art. 56A.053. FAILURE TO PROVIDE RIGHT OR SERVICE
1028	1034		Art. 56A.054. STANDING
1029	1035		SUBCHAPTER C. ADDITIONAL PROTECTIONS FOR VICTIMS AND WITNESSES
1030	1036		Art. 56A.101. VICTIM PRIVACY
1031	1037		Art. 56A.102. VICTIM OR WITNESS DISCOVERY ATTENDANCE
1032	1038		SUBCHAPTER D. VICTIM IMPACT STATEMENT
1033	1039		Art. 56A.151. VICTIM IMPACT STATEMENT; INFORMATION
1034	1040		BOOKLET
1035	1041		Art. 56A.152. RECOMMENDATIONS TO ENSURE SUBMISSION OF
1036	1042		STATEMENT
1037	1043		Art. 56A.153. NOTIFICATION TO COURT REGARDING RELEASE
1038	1044		OF DEFENDANT WITH ACCESS TO CHILD
1039	1045		VICTIM
1040	1046		Art. 56A.154. CHANGE OF ADDRESS
1041	1047		Art. 56A.155. DISCOVERY OF STATEMENT
1042	1048		Art. 56A.156. INSPECTION OF STATEMENT BY COURT;
1043	1049		DISCLOSURE OF CONTENTS
1044	1050		Art. 56A.157. CONSIDERATION OF STATEMENT BY COURT
1045	1051		Art. 56A.158. DEFENDANT RESPONSE TO STATEMENT
1046	1052		Art. 56A.159. TRANSFER OF STATEMENT AFTER SENTENCING
1047	1053		Art. 56A.160. SURVEY PLAN REGARDING STATEMENTS
1048	1054		SUBCHAPTER E. VICTIM ASSISTANCE COORDINATOR; CRIME VICTIM LIAISON
1049	1055		Art. 56A.201. DESIGNATION OF VICTIM ASSISTANCE
1050	1056		COORDINATOR
1051	1057		Art. 56A.202. DUTIES OF VICTIM ASSISTANCE COORDINATOR
1052	1058		Art. 56A.203. DESIGNATION OF CRIME VICTIM LIAISON
1053	1059		Art. 56A.204. DUTIES OF CRIME VICTIM LIAISON
1054	1060		Art. 56A.205. PSYCHOLOGICAL COUNSELING FOR CERTAIN
1055	1061		JURORS
1056	1062		SUBCHAPTER F. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT
1057	1063		VICTIM REPORTING ASSAULT
1058	1064		Art. 56A.251. REQUEST FOR FORENSIC MEDICAL EXAMINATION
1059	1065		Art. 56A.252. PAYMENT OF COSTS OF EXAMINATION
1060	1066		Art. 56A.253. PAYMENT OF COSTS RELATED TO TESTIMONY
1061	1067		Art. 56A.254. PAYMENT OF COSTS FOR CERTAIN MEDICAL
1062	1068		CARE
1063	1069		Art. 56A.255. PAYMENT OF COSTS OF TREATMENT NOT
1064	1070		REQUIRED
1065	1071		SUBCHAPTER G. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT
1066	1072		VICTIM NOT REPORTING ASSAULT
1067	1073		Art. 56A.301. DEFINITIONS
1068	1074		Art. 56A.302. APPLICABILITY
1069	1075		Art. 56A.303. FORENSIC MEDICAL EXAMINATION
1070	1076		Art. 56A.304. PAYMENT OF FEES RELATED TO EXAMINATION
1071	1077		Art. 56A.305. PAYMENT OF COSTS FOR CERTAIN MEDICAL
1072	1078		CARE
1073	1079		Art. 56A.306. PROCEDURES FOR TRANSFER AND PRESERVATION
1074	1080		OF EVIDENCE
1075	1081		Art. 56A.307. PROCEDURES FOR SUBMISSION OR COLLECTION
1076	1082		OF ADDITIONAL EVIDENCE
1077	1083		Art. 56A.308. CONFIDENTIALITY OF CERTAIN RECORDS
1078	1084		Art. 56A.309. RULES
1079	1085		SUBCHAPTER H. PRESENCE OF ADVOCATE OR REPRESENTATIVE DURING
1080	1086		FORENSIC MEDICAL EXAMINATION
1081	1087		Art. 56A.351. PRESENCE OF SEXUAL ASSAULT PROGRAM
1082	1088		ADVOCATE
1083	1089		Art. 56A.352. REPRESENTATIVE PROVIDED BY PENAL
1084	1090		INSTITUTION
1085	1091		SUBCHAPTER I. REQUIRED NOTIFICATIONS BY LAW ENFORCEMENT AGENCY
1086	1092		Art. 56A.401. NOTIFICATION OF RIGHTS
1087	1093		Art. 56A.402. REFERRAL TO SEXUAL ASSAULT PROGRAM
1088	1094		SUBCHAPTER J. REQUIRED NOTIFICATIONS BY ATTORNEY REPRESENTING THE
1089	1095		STATE
1090	1096		Art. 56A.451. NOTIFICATION OF RIGHTS
1091	1097		Art. 56A.452. NOTIFICATION OF SCHEDULED COURT
1092	1098		PROCEEDINGS
1093	1099		Art. 56A.453. NOTIFICATION OF PLEA BARGAIN AGREEMENT
1094	1100		Art. 56A.454. VICTIM CONTACT INFORMATION
1095	1101		SUBCHAPTER K. NOTIFICATION BY CERTAIN ENTITIES OF RELEASE OR
1096	1102		ESCAPE
1097	1103		Art. 56A.501. DEFINITIONS
1098	1104		Art. 56A.502. APPLICABILITY
1099	1105		Art. 56A.503. NOTIFICATION OF RELEASE OR ESCAPE
1100	1106		Art. 56A.504. NOTIFICATION REGARDING DEFENDANT SUBJECT
1101	1107		TO ELECTRONIC MONITORING
1102	1108		Art. 56A.505. NOTIFICATION OF RIGHT TO NOTICE
1103	1109		Art. 56A.506. VICTIM OR WITNESS CONTACT INFORMATION;
1104	1110		CONFIDENTIALITY
1105	1111		Art. 56A.507. TIME FOR NOTICE
1106	1112		SUBCHAPTER L. NOTIFICATION BY DEPARTMENT OF ESCAPE OR TRANSFER
1107	1113		Art. 56A.551. DEFINITION
1108	1114		Art. 56A.552. NOTIFICATION OF VICTIM
1109	1115		Art. 56A.553. NOTIFICATION OF WITNESS
1110	1116		Art. 56A.554. REQUEST FOR NOTIFICATION; CHANGE OF
1111	1117		ADDRESS
1112	1118		Art. 56A.555. NOTICE OF TRANSFER FROM OR RETURN TO
1113	1119		CUSTODY
1114	1120		SUBCHAPTER M. OTHER POWERS AND DUTIES OF DEPARTMENT AND
1115	1121		CLEARINGHOUSE
1116	1122		Art. 56A.601. DATABASE FOR DEFENDANT RELEASE
1117	1123		INFORMATION
1118	1124		Art. 56A.602. VICTIM-OFFENDER MEDIATION
1119	1125		Art. 56A.603. CLEARINGHOUSE ANNUAL CONFERENCE
1120	1126		Art. 56A.604. CRIME VICTIM ASSISTANCE STANDARDS
1121	1127		CHAPTER 56A. RIGHTS OF CRIME VICTIMS
1122	1128		SUBCHAPTER A. GENERAL PROVISIONS
1123	1129		Art. 56A.001. DEFINITIONS. Except as otherwise provided by
1124	1130		this chapter, in this chapter:
1125	1131		(1) "Board" means the Board of Pardons and Paroles.
1126	1132		(2) "Clearinghouse" means the Texas Crime Victim
1127	1133		Clearinghouse.
1128	1134		(3) "Close relative of a deceased victim" means a
1129	1135		person who:
1130	1136		(A) was the spouse of a deceased victim at the
1131	1137		time of the victim's death; or
1132	1138		(B) is a parent or adult brother, sister, or
1133	1139		child of a deceased victim.
1134	1140		(4) "Department" means the Texas Department of
1135	1141		Criminal Justice.
1136	1142		(5) "Guardian of a victim" means a person who is the
1137	1143		legal guardian of the victim, regardless of whether the legal
1138	1144		relationship between the guardian and victim exists because of the
1139	1145		age of the victim or the physical or mental incompetency of the
1140	1146		victim.
1141	1147		(6) "Sexual assault" means an offense under the
1142	1148		following provisions of the Penal Code:
1143	1149		(A) Section 21.02;
1144	1150		(B) Section 21.11(a)(1);
1145	1151		(C) Section 22.011; or
1146	1152		(D) Section 22.021.
1147	1153		(7) "Victim" means a person who:
1148	1154		(A) is the victim of the offense of:
1149	1155		(i) sexual assault;
1150	1156		(ii) kidnapping;
1151	1157		(iii) aggravated robbery;
1152	1158		(iv) trafficking of persons; or
1153	1159		(v) injury to a child, elderly individual,
1154	1160		or disabled individual; or
1155	1161		(B) has suffered personal injury or death as a
1156	1162		result of the criminal conduct of another. (Code Crim. Proc., Art.
1157	1163		56.01; New.)
1158	1164		SUBCHAPTER B. CRIME VICTIMS' RIGHTS
1159	1165		Art. 56A.051. GENERAL RIGHTS. (a) A victim, guardian of a
1160	1166		victim, or close relative of a deceased victim is entitled to the
1161	1167		following rights within the criminal justice system:
1162	1168		(1) the right to receive from a law enforcement agency
1163	1169		adequate protection from harm and threats of harm arising from
1164	1170		cooperation with prosecution efforts;
1165	1171		(2) the right to have the magistrate consider the
1166	1172		safety of the victim or the victim's family in setting the amount of
1167	1173		bail for the defendant;
1168	1174		(3) if requested, the right to be informed:
1169	1175		(A) by the attorney representing the state of
1170	1176		relevant court proceedings, including appellate proceedings, and
1171	1177		to be informed if those proceedings have been canceled or
1172	1178		rescheduled before the event; and
1173	1179		(B) by an appellate court of the court's
1174	1180		decisions, after the decisions are entered but before the decisions
1175	1181		are made public;
1176	1182		(4) when requested, the right to be informed:
1177	1183		(A) by a peace officer concerning the defendant's
1178	1184		right to bail and the procedures in criminal investigations; and
1179	1185		(B) by the office of the attorney representing
1180	1186		the state concerning the general procedures in the criminal justice
1181	1187		system, including general procedures in guilty plea negotiations
1182	1188		and arrangements, restitution, and the appeals and parole process;
1183	1189		(5) the right to provide pertinent information to a
1184	1190		community supervision and corrections department conducting a
1185	1191		presentencing investigation concerning the impact of the offense on
1186	1192		the victim and the victim's family by testimony, written statement,
1187	1193		or any other manner before any sentencing of the defendant;
1188	1194		(6) the right to receive information regarding
1189	1195		compensation to victims of crime as provided by Chapter 56B,
1190	1196		including information related to the costs that may be compensated
1191	1197		under that chapter and the amount of compensation, eligibility for
1192	1198		compensation, and procedures for application for compensation
1193	1199		under that chapter, the payment for a forensic medical examination
1194	1200		under Article 56A.252 for a victim of an alleged sexual assault, and
1195	1201		when requested, to referral to available social service agencies
1196	1202		that may offer additional assistance;
1197	1203		(7) the right to:
1198	1204		(A) be informed, on request, of parole
1199	1205		procedures;
1200	1206		(B) participate in the parole process;
1201	1207		(C) provide to the board for inclusion in the
1202	1208		defendant's file information to be considered by the board before
1203	1209		the parole of any defendant convicted of any offense subject to this
1204	1210		chapter; and
1205	1211		(D) be notified, if requested, of parole
1206	1212		proceedings concerning a defendant in the victim's case and of the
1207	1213		defendant's release;
1208	1214		(8) the right to be provided with a waiting area,
1209	1215		separate or secure from other witnesses, including the defendant
1210	1216		and relatives of the defendant, before testifying in any proceeding
1211	1217		concerning the defendant; if a separate waiting area is not
1212	1218		available, other safeguards should be taken to minimize the
1213	1219		victim's contact with the defendant and the defendant's relatives
1214	1220		and witnesses, before and during court proceedings;
1215	1221		(9) the right to the prompt return of any of the
1216	1222		victim's property that is held by a law enforcement agency or the
1217	1223		attorney representing the state as evidence when the property is no
1218	1224		longer required for that purpose;
1219	1225		(10) the right to have the attorney representing the
1220	1226		state notify the victim's employer, if requested, that the victim's
1221	1227		cooperation and testimony is necessary in a proceeding that may
1222	1228		require the victim to be absent from work for good cause;
1223	1229		(11) the right to request victim-offender mediation
1224	1230		coordinated by the victim services division of the department;
1225	1231		(12) the right to be informed of the uses of a victim
1226	1232		impact statement and the statement's purpose in the criminal
1227	1233		justice system as described by Subchapter D, to complete the victim
1228	1234		impact statement, and to have the victim impact statement
1229	1235		considered:
1230	1236		(A) by the attorney representing the state and
1231	1237		the judge before sentencing or before a plea bargain agreement is
1232	1238		accepted; and
1233	1239		(B) by the board before a defendant is released
1234	1240		on parole;
1235	1241		(13) for a victim of an assault or sexual assault who
1236	1242		is younger than 17 years of age or whose case involves family
1237	1243		violence, as defined by Section 71.004, Family Code, the right to
1238	1244		have the court consider the impact on the victim of a continuance
1239	1245		requested by the defendant; if requested by the attorney
1240	1246		representing the state or by the defendant's attorney, the court
1241	1247		shall state on the record the reason for granting or denying the
1242	1248		continuance; and
1243	1249		(14) if the offense is a capital felony, the right to:
1244	1250		(A) receive by mail from the court a written
1245	1251		explanation of defense-initiated victim outreach if the court has
1246	1252		authorized expenditures for a defense-initiated victim outreach
1247	1253		specialist;
1248	1254		(B) not be contacted by the victim outreach
1249	1255		specialist unless the victim, guardian, or relative has consented
1250	1256		to the contact by providing a written notice to the court; and
1251	1257		(C) designate a victim service provider to
1252	1258		receive all communications from a victim outreach specialist acting
1253	1259		on behalf of any person.
1254	1260		(b) A victim, guardian of a victim, or close relative of a
1255	1261		deceased victim is entitled to the right to be present at all public
1256	1262		court proceedings related to the offense, subject to the approval
1257	1263		of the judge in the case.
1258	1264		(c) The office of the attorney representing the state and
1259	1265		the sheriff, police, and other law enforcement agencies shall
1260	1266		ensure to the extent practicable that a victim, guardian of a
1261	1267		victim, or close relative of a deceased victim is provided the
1262	1268		rights granted by this subchapter and, on request, an explanation
1263	1269		of those rights. (Code Crim. Proc., Arts. 56.02(a), (b), (c).)
1264	1270		Art. 56A.052. ADDITIONAL RIGHTS OF VICTIMS OF SEXUAL
1265	1271		ASSAULT, STALKING, OR TRAFFICKING. (a) If the offense is a sexual
1266	1272		assault, a victim, guardian of a victim, or close relative of a
1267	1273		deceased victim is entitled to the following rights within the
1268	1274		criminal justice system:
1269	1275		(1) if requested, the right to a disclosure of
1270	1276		information regarding:
1271	1277		(A) any evidence that was collected during the
1272	1278		investigation of the offense, unless disclosing the information
1273	1279		would interfere with the investigation or prosecution of the
1274	1280		offense, in which event the victim, guardian, or relative shall be
1275	1281		informed of the estimated date on which that information is
1276	1282		expected to be disclosed; and
1277	1283		(B) the status of any analysis being performed of
1278	1284		any evidence described by Paragraph (A);
1279	1285		(2) if requested, the right to be notified:
1280	1286		(A) at the time a request is submitted to a crime
1281	1287		laboratory to process and analyze any evidence that was collected
1282	1288		during the investigation of the offense;
1283	1289		(B) at the time of the submission of a request to
1284	1290		compare any biological evidence collected during the investigation
1285	1291		of the offense with DNA profiles maintained in a state or federal
1286	1292		DNA database; and
1287	1293		(C) of the results of the comparison described by
1288	1294		Paragraph (B), unless disclosing the results would interfere with
1289	1295		the investigation or prosecution of the offense, in which event the
1290	1296		victim, guardian, or relative shall be informed of the estimated
1291	1297		date on which those results are expected to be disclosed;
1292	1298		(3) if requested, the right to counseling regarding
1293	1299		acquired immune deficiency syndrome (AIDS) and human
1294	1300		immunodeficiency virus (HIV) infection; and
1295	1301		(4) for the victim, the right to:
1296	1302		(A) testing for acquired immune deficiency
1297	1303		syndrome (AIDS), human immunodeficiency virus (HIV) infection,
1298	1304		antibodies to HIV, or infection with any other probable causative
1299	1305		agent of AIDS; and
1300	1306		(B) a forensic medical examination to the extent
1301	1307		provided by Subchapters F and G if, within 96 hours of the offense:
1302	1308		(i) the offense is reported to a law
1303	1309		enforcement agency; or
1304	1310		(ii) a forensic medical examination is
1305	1311		otherwise conducted at a health care facility.
1306	1312		(b) A victim, guardian of a victim, or close relative of a
1307	1313		deceased victim who requests to be notified under Subsection (a)(2)
1308	1314		must provide a current address and phone number to the attorney
1309	1315		representing the state and the law enforcement agency that is
1310	1316		investigating the offense. The victim, guardian, or relative must
1311	1317		inform the attorney representing the state and the law enforcement
1312	1318		agency of any change in the address or phone number.
1313	1319		(c) A victim, guardian of a victim, or close relative of a
1314	1320		deceased victim may designate a person, including an entity that
1315	1321		provides services to victims of sexual assault, to receive any
1316	1322		notice requested under Subsection (a)(2).
1317	1323		(d) This subsection applies only to a victim of an offense
1318	1324		under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, 42.072,
1319	1325		or 43.05, Penal Code. A victim described by this subsection or a
1320	1326		parent or guardian of the victim is entitled to the following rights
1321	1327		within the criminal justice system:
1322	1328		(1) the right to be informed:
1323	1329		(A) that the victim or the victim's parent or
1324	1330		guardian, as applicable, may file an application for a protective
1325	1331		order under Article 7B.001;
1326	1332		(B) of the court in which the application for a
1327	1333		protective order may be filed; and
1328	1334		(C) that, on request of the victim or of the
1329	1335		victim's parent or guardian, as applicable, and subject to the
1330	1336		Texas Disciplinary Rules of Professional Conduct, the attorney
1331	1337		representing the state may file the application for a protective
1332	1338		order on behalf of the victim;
1333	1339		(2) the right to request that the attorney
1334	1340		representing the state, subject to the Texas Disciplinary Rules of
1335	1341		Professional Conduct, file an application for a protective order
1336	1342		described by Subdivision (1);
1337	1343		(3) if the victim or the victim's parent or guardian,
1338	1344		as applicable, is present when the defendant is convicted or placed
1339	1345		on deferred adjudication community supervision, the right to:
1340	1346		(A) be given by the court the information
1341	1347		described by Subdivision (1); and
1342	1348		(B) file an application for a protective order
1343	1349		under Article 7B.001 immediately following the defendant's
1344	1350		conviction or placement on deferred adjudication community
1345	1351		supervision if the court has jurisdiction over the application; and
1346	1352		(4) if the victim or the victim's parent or guardian,
1347	1353		as applicable, is not present when the defendant is convicted or
1348	1354		placed on deferred adjudication community supervision, the right to
1349	1355		be given by the attorney representing the state the information
1350	1356		described by Subdivision (1). (Code Crim. Proc., Art. 56.021.)
1351	1357		Art. 56A.053. FAILURE TO PROVIDE RIGHT OR SERVICE. (a) A
1352	1358		judge, attorney representing the state, peace officer, or law
1353	1359		enforcement agency is not liable for a failure or inability to
1354	1360		provide a right granted by this subchapter.
1355	1361		(b) The failure or inability of any person to provide a
1356	1362		right or service granted by this subchapter may not be used by a
1357	1363		defendant in a criminal case as a ground for appeal, a ground to set
1358	1364		aside the conviction or sentence, or a ground in a habeas corpus
1359	1365		petition. (Code Crim. Proc., Art. 56.02(d) (part).)
1360	1366		Art. 56A.054. STANDING. A victim, guardian of a victim, or
1361	1367		close relative of a deceased victim does not have standing to:
1362	1368		(1) participate as a party in a criminal proceeding;
1363	1369		or
1364	1370		(2) contest the disposition of any charge. (Code
1365	1371		Crim. Proc., Art. 56.02(d) (part).)
1366	1372		SUBCHAPTER C. ADDITIONAL PROTECTIONS FOR VICTIMS AND WITNESSES
1367	1373		Art. 56A.101. VICTIM PRIVACY. (a) As far as reasonably
1368	1374		practical, the address of the victim may not be a part of the court
1369	1375		file except as necessary to identify the place of the offense.
1370	1376		(b) The phone number of the victim may not be a part of the
1371	1377		court file. (Code Crim. Proc., Art. 56.09.)
1372	1378		Art. 56A.102. VICTIM OR WITNESS DISCOVERY ATTENDANCE.
1373	1379		Unless absolutely necessary, a victim or witness who is not
1374	1380		confined may not be required to attend a deposition in a
1375	1381		correctional facility. (Code Crim. Proc., Art. 56.10.)
1376	1382		SUBCHAPTER D. VICTIM IMPACT STATEMENT
1377	1383		Art. 56A.151. VICTIM IMPACT STATEMENT; INFORMATION
1378	1384		BOOKLET. (a) The clearinghouse, with the participation of the
1379	1385		board and the community justice assistance division of the
1380	1386		department, shall develop a form to be used by law enforcement
1381	1387		agencies, attorneys representing the state, and other participants
1382	1388		in the criminal justice system to record the impact of an offense on
1383	1389		a victim of the offense, guardian of a victim, or close relative of
1384	1390		a deceased victim and to provide the agencies, attorneys, and
1385	1391		participants with information needed to contact the victim,
1386	1392		guardian, or relative if needed at any stage of a prosecution of a
1387	1393		person charged with the offense. The clearinghouse, with the
1388	1394		participation of the board and the community justice assistance
1389	1395		division of the department, shall also develop a victims'
1390	1396		information booklet that provides a general explanation of the
1391	1397		criminal justice system to victims of an offense, guardians of
1392	1398		victims, and relatives of deceased victims.
1393	1399		(b) The victim impact statement must be in a form designed
1394	1400		to:
1395	1401		(1) inform a victim, guardian of a victim, or close
1396	1402		relative of a deceased victim with a clear statement of rights
1397	1403		granted by Subchapter B; and
1398	1404		(2) collect the following information:
1399	1405		(A) the name of the victim of the offense or, if
1400	1406		the victim has a legal guardian or is deceased, the name of a
1401	1407		guardian or close relative of the victim;
1402	1408		(B) the address and telephone number of the
1403	1409		victim, guardian, or relative through which the victim, guardian,
1404	1410		or relative may be contacted;
1405	1411		(C) a statement of economic loss suffered by the
1406	1412		victim, guardian, or relative as a result of the offense;
1407	1413		(D) a statement of any physical or psychological
1408	1414		injury suffered by the victim, guardian, or relative as a result of
1409	1415		the offense, as described by the victim, guardian, or relative or by
1410	1416		a physician or counselor;
1411	1417		(E) a statement of any psychological services
1412	1418		requested as a result of the offense;
1413	1419		(F) a statement of any change in the victim's,
1414	1420		guardian's, or relative's personal welfare or familial relationship
1415	1421		as a result of the offense;
1416	1422		(G) a statement regarding whether the victim,
1417	1423		guardian, or relative wants to be notified of any parole hearing for
1418	1424		the defendant;
1419	1425		(H) if the victim is a child, whether there is an
1420	1426		existing court order granting to the defendant possession of or
1421	1427		access to the victim; and
1422	1428		(I) any other information related to the impact
1423	1429		of the offense on the victim, guardian, or relative, other than
1424	1430		facts related to the commission of the offense.
1425	1431		(c) The victim impact statement must include an explanation
1426	1432		regarding the procedures by which a victim, guardian of a victim, or
1427	1433		close relative of a deceased victim may obtain information
1428	1434		concerning the release of the defendant from the department.
1429	1435		(d) Not later than December 1 of each odd-numbered year, the
1430	1436		clearinghouse, with the participation of the board and the
1431	1437		community justice assistance division of the department, shall
1432	1438		update the victim impact statement form and any other information
1433	1439		provided by the community justice assistance division to victims,
1434	1440		guardians of victims, and relatives of deceased victims, if
1435	1441		necessary, to reflect changes in law relating to criminal justice
1436	1442		and the rights of victims and guardians and relatives of victims.
1437	1443		(Code Crim. Proc., Arts. 56.03(a), (b), (h), (i) (part).)
1438	1444		Art. 56A.152. RECOMMENDATIONS TO ENSURE SUBMISSION OF
1439	1445		STATEMENT. The victim services division of the department, in
1440	1446		consultation with the board, law enforcement agencies, offices of
1441	1447		attorneys representing the state, and other participants in the
1442	1448		criminal justice system, shall develop recommendations to ensure
1443	1449		that completed victim impact statements are submitted to the
1444	1450		department as provided by Article 56A.159(b). (Code Crim. Proc.,
1445	1451		Art. 56.04(d-1).)
1446	1452		Art. 56A.153. NOTIFICATION TO COURT REGARDING RELEASE OF
1447	1453		DEFENDANT WITH ACCESS TO CHILD VICTIM. If information collected
1448	1454		under Article 56A.151(b)(2)(H) indicates the defendant is granted
1449	1455		possession of or access to a child victim under court order and the
1450	1456		department subsequently imprisons the defendant as a result of the
1451	1457		defendant's commission of the offense, the victim services division
1452	1458		of the department shall contact the court that issued the order
1453	1459		before the department releases the defendant on parole or to
1454	1460		mandatory supervision. (Code Crim. Proc., Art. 56.03(i) (part).)
1455	1461		Art. 56A.154. CHANGE OF ADDRESS. If a victim, guardian of a
1456	1462		victim, or close relative of a deceased victim states on a victim
1457	1463		impact statement that the victim, guardian, or relative wants to be
1458	1464		notified of parole proceedings, the victim, guardian, or relative
1459	1465		must notify the board of any change of address. (Code Crim. Proc.,
1460	1466		Art. 56.03(d).)
1461	1467		Art. 56A.155. DISCOVERY OF STATEMENT. A victim impact
1462	1468		statement is subject to discovery under Article 39.14 before the
1463	1469		testimony of the victim is taken only if the court determines that
1464	1470		the statement contains exculpatory material. (Code Crim. Proc.,
1465	1471		Art. 56.03(g).)
1466	1472		Art. 56A.156. INSPECTION OF STATEMENT BY COURT; DISCLOSURE
1467	1473		OF CONTENTS. The court may not inspect a victim impact statement
1468	1474		until after a finding of guilt or until deferred adjudication
1469	1475		community supervision is ordered and the contents of the statement
1470	1476		may not be disclosed to any person unless:
1471	1477		(1) the defendant pleads guilty or nolo contendere or
1472	1478		is convicted of the offense; or
1473	1479		(2) the defendant authorizes the court in writing to
1474	1480		inspect the statement. (Code Crim. Proc., Art. 56.03(f).)
1475	1481		Art. 56A.157. CONSIDERATION OF STATEMENT BY COURT. (a)
1476	1482		Before imposing a sentence, a court shall, as applicable, inquire
1477	1483		as to whether a victim impact statement has been returned to the
1478	1484		attorney representing the state and, if a statement has been
1479	1485		returned to the attorney, consider the information provided in the
1480	1486		statement.
1481	1487		(b) On inquiry by the sentencing court, the attorney
1482	1488		representing the state shall make a copy of the statement available
1483	1489		for consideration by the court. (Code Crim. Proc., Arts. 56.03(e)
1484	1490		(part), 56.04(e) (part).)
1485	1491		Art. 56A.158. DEFENDANT RESPONSE TO STATEMENT. Before
1486	1492		sentencing a defendant, a court shall permit the defendant or the
1487	1493		defendant's attorney a reasonable period to:
1488	1494		(1) read the victim impact statement, excluding the
1489	1495		victim's name, address, and telephone number;
1490	1496		(2) comment on the statement; and
1491	1497		(3) with the approval of the court, introduce
1492	1498		testimony or other information alleging a factual inaccuracy in the
1493	1499		statement. (Code Crim. Proc., Art. 56.03(e) (part).)
1494	1500		Art. 56A.159. TRANSFER OF STATEMENT AFTER SENTENCING. (a)
1495	1501		If a court sentences a defendant to a period of community
1496	1502		supervision, the attorney representing the state shall forward any
1497	1503		victim impact statement received in the case to the community
1498	1504		supervision and corrections department supervising the defendant.
1499	1505		(b) If a court sentences a defendant to imprisonment in the
1500	1506		department, the court shall attach to the commitment papers the
1501	1507		copy of the victim impact statement provided to the court under
1502	1508		Article 56A.157(b). (Code Crim. Proc., Arts. 56.03(e) (part),
1503	1509		56.04(e) (part).)
1504	1510		Art. 56A.160. SURVEY PLAN REGARDING STATEMENTS. (a) In
1505	1511		this article, "planning body" means the board, the clearinghouse,
1506	1512		and the community justice assistance division of the department.
1507	1513		(b) The planning body shall develop a survey plan to
1508	1514		maintain statistics on the numbers and types of persons to whom
1509	1515		state and local agencies provide victim impact statements during
1510	1516		each year.
1511	1517		(c) At intervals specified in the survey plan, the planning
1512	1518		body may require any state or local agency to submit the following,
1513	1519		in a form prescribed for the reporting of the information:
1514	1520		(1) statistical data on the numbers and types of
1515	1521		persons to whom the agency provides victim impact statements; and
1516	1522		(2) any other information required by the planning
1517	1523		body.
1518	1524		(d) The form described by Subsection (c) must be designed
1519	1525		to:
1520	1526		(1) protect the privacy of persons provided rights
1521	1527		under Subchapter B; and
1522	1528		(2) determine whether the selected agency is making a
1523	1529		good faith effort to protect the rights of the persons served.
1524	1530		(Code Crim. Proc., Arts. 56.05(a), (b).)
1525	1531		SUBCHAPTER E. VICTIM ASSISTANCE COORDINATOR; CRIME VICTIM LIAISON
1526	1532		Art. 56A.201. DESIGNATION OF VICTIM ASSISTANCE
1527	1533		COORDINATOR. The district attorney, criminal district attorney, or
1528	1534		county attorney who prosecutes criminal cases shall designate a
1529	1535		person to serve as victim assistance coordinator in that
1530	1536		jurisdiction. (Code Crim. Proc., Art. 56.04(a).)
1531	1537		Art. 56A.202. DUTIES OF VICTIM ASSISTANCE COORDINATOR. (a)
1532	1538		The victim assistance coordinator designated under Article 56A.201
1533	1539		shall:
1534	1540		(1) ensure that a victim, guardian of a victim, or
1535	1541		close relative of a deceased victim is provided the rights granted
1536	1542		to victims, guardians, or relatives by Subchapter B; and
1537	1543		(2) work closely with appropriate law enforcement
1538	1544		agencies, attorneys representing the state, the board, and the
1539	1545		judiciary in carrying out the duty described by Subdivision (1).
1540	1546		(b) The victim assistance coordinator shall send to a
1541	1547		victim, guardian of a victim, or close relative of a deceased victim
1542	1548		a victim impact statement and victims' information booklet
1543	1549		described by Article 56A.151 and an application for compensation
1544	1550		under Chapter 56B. The victim assistance coordinator shall include
1545	1551		an offer to assist in completing the statement and application on
1546	1552		request.
1547	1553		(c) The victim assistance coordinator, on request, shall
1548	1554		explain the possible use and consideration of the victim impact
1549	1555		statement at any sentencing or parole hearing of the defendant.
1550	1556		(Code Crim. Proc., Arts. 56.03(c), 56.04(b).)
1551	1557		Art. 56A.203. DESIGNATION OF CRIME VICTIM LIAISON. Each
1552	1558		local law enforcement agency shall designate one person to serve as
1553	1559		the agency's crime victim liaison. (Code Crim. Proc., Art.
1554	1560		56.04(c) (part).)
1555	1561		Art. 56A.204. DUTIES OF CRIME VICTIM LIAISON. (a) The
1556	1562		crime victim liaison designated under Article 56A.203 shall ensure
1557	1563		that a victim, guardian of a victim, or close relative of a deceased
1558	1564		victim is provided the rights granted to victims, guardians, or
1559	1565		relatives by Articles 56A.051(a)(4), (6), and (9).
1560	1566		(b) Each local law enforcement agency shall consult with the
1561	1567		victim assistance coordinator in the office of the attorney
1562	1568		representing the state to determine the most effective manner in
1563	1569		which the crime victim liaison can perform the duties imposed on the
1564	1570		crime victim liaison under this article and, if applicable, Article
1565	1571		56A.205. (Code Crim. Proc., Arts. 56.04(c) (part), (d).)
1566	1572		Art. 56A.205. PSYCHOLOGICAL COUNSELING FOR CERTAIN JURORS.
1567	1573		(a) A commissioners court may approve a program in which a crime
1568	1574		victim liaison or victim assistance coordinator may offer not more
1569	1575		than 10 hours of post-investigation or posttrial psychological
1570	1576		counseling for a person who:
1571	1577		(1) serves as a grand juror, alternate grand juror,
1572	1578		juror, or alternate juror in a grand jury investigation or criminal
1573	1579		trial involving graphic evidence or testimony; and
1574	1580		(2) requests the counseling not later than the 180th
1575	1581		day after the date on which the grand jury or jury is dismissed.
1576	1582		(b) The crime victim liaison or victim assistance
1577	1583		coordinator may provide the counseling using a provider that
1578	1584		assists local criminal justice agencies in providing similar
1579	1585		services to victims. (Code Crim. Proc., Art. 56.04(f).)
1580	1586		SUBCHAPTER F. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT
1581	1587		VICTIM REPORTING ASSAULT
1582	1588		Art. 56A.251. REQUEST FOR FORENSIC MEDICAL EXAMINATION.
1583	1589		(a) Except as provided by Subsection (b), if a sexual assault is
1584	1590		reported to a law enforcement agency within 96 hours after the
1585	1591		assault, the law enforcement agency, with the consent of the victim
1586	1592		of the alleged assault, a person authorized to act on behalf of the
1587	1593		victim, or an employee of the Department of Family and Protective
1588	1594		Services, shall request a forensic medical examination of the
1589	1595		victim for use in the investigation or prosecution of the offense.
1590	1596		(b) A law enforcement agency may decline to request a
1591	1597		forensic medical examination under Subsection (a) only if:
1592	1598		(1) the person reporting the sexual assault has made
1593	1599		one or more false reports of sexual assault to any law enforcement
1594	1600		agency; and
1595	1601		(2) there is no other evidence to corroborate the
1596	1602		current allegations of sexual assault.
1597	1603		(c) If a sexual assault is not reported within the period
1598	1604		described by Subsection (a), on receiving the consent described by
1599	1605		that subsection a law enforcement agency may request a forensic
1600	1606		medical examination of a victim of an alleged sexual assault as
1601	1607		considered appropriate by the agency. (Code Crim. Proc., Arts.
1602	1608		56.06(a), (b).)
1603	1609		Art. 56A.252. PAYMENT OF COSTS OF EXAMINATION. A law
1604	1610		enforcement agency that requests a forensic medical examination
1605	1611		under Article 56A.251 shall pay all costs of the examination. On
1606	1612		application to the attorney general, the law enforcement agency is
1607	1613		entitled to be reimbursed for the reasonable costs of the
1608	1614		examination if the examination was performed by a physician or by a
1609	1615		sexual assault examiner or sexual assault nurse examiner, as
1610	1616		defined by Section 420.003, Government Code. (Code Crim. Proc.,
1611	1617		Art. 56.06(c).)
1612	1618		Art. 56A.253. PAYMENT OF COSTS RELATED TO TESTIMONY. A law
1613	1619		enforcement agency or office of the attorney representing the state
1614	1620		may pay all costs related to the testimony of a licensed health care
1615	1621		professional in a criminal proceeding regarding the results of a
1616	1622		forensic medical examination described by Article 56A.251 or the
1617	1623		manner in which the examination was performed. (Code Crim. Proc.,
1618	1624		Art. 56.06(d).)
1619	1625		Art. 56A.254. PAYMENT OF COSTS FOR CERTAIN MEDICAL CARE.
1620	1626		The attorney general may make a payment to or on behalf of an
1621	1627		individual for the reasonable costs incurred for medical care
1622	1628		provided in accordance with Section 323.004, Health and Safety
1623	1629		Code. (Code Crim. Proc., Art. 56.06(f).)
1624	1630		Art. 56A.255. PAYMENT OF COSTS OF TREATMENT NOT REQUIRED.
1625	1631		This subchapter does not require a law enforcement agency to pay any
1626	1632		costs of treatment for injuries. (Code Crim. Proc., Art. 56.06(e).)
1627	1633		SUBCHAPTER G. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT
1628	1634		VICTIM NOT REPORTING ASSAULT
1629	1635		Art. 56A.301. DEFINITIONS. In this subchapter:
1630	1636		(1) "Crime laboratory" has the meaning assigned by
1631	1637		Article 38.35.
1632	1638		(2) "Department" means the Department of Public Safety
1633	1639		of the State of Texas.
1634	1640		(3) "Sexual assault examiner" and "sexual assault
1635	1641		nurse examiner" have the meanings assigned by Section 420.003,
1636	1642		Government Code. (Code Crim. Proc., Art. 56.065(a).)
1637	1643		Art. 56A.302. APPLICABILITY. This subchapter applies to
1638	1644		the following health care facilities that provide diagnosis or
1639	1645		treatment services to victims of sexual assault:
1640	1646		(1) a general or special hospital licensed under
1641	1647		Chapter 241, Health and Safety Code;
1642	1648		(2) a general or special hospital owned by this state;
1643	1649		(3) an outpatient clinic; and
1644	1650		(4) a private physician's office. (Code Crim. Proc.,
1645	1651		Art. 56.065(b).)
1646	1652		Art. 56A.303. FORENSIC MEDICAL EXAMINATION. (a) In
1647	1653		accordance with Subchapter B, Chapter 420, Government Code, and
1648	1654		except as provided by Subsection (b), a health care facility shall
1649	1655		conduct a forensic medical examination of a victim of an alleged
1650	1656		sexual assault if:
1651	1657		(1) the victim arrives at the facility within 96 hours
1652	1658		after the assault occurred;
1653	1659		(2) the victim consents to the examination; and
1654	1660		(3) at the time of the examination the victim has not
1655	1661		reported the assault to a law enforcement agency.
1656	1662		(b) If a health care facility does not provide diagnosis or
1657	1663		treatment services to victims of sexual assault, the facility shall
1658	1664		refer a victim of an alleged sexual assault who seeks a forensic
1659	1665		medical examination under Subsection (a) to a health care facility
1660	1666		that provides services to those victims.
1661	1667		(c) A victim of an alleged sexual assault may not be
1662	1668		required to participate in the investigation or prosecution of an
1663	1669		offense as a condition of receiving a forensic medical examination
1664	1670		under this article. (Code Crim. Proc., Arts. 56.065(c), (e), (h)
1665	1671		(part).)
1666	1672		Art. 56A.304. PAYMENT OF FEES RELATED TO EXAMINATION. (a)
1667	1673		The department shall pay the appropriate fees, as set by attorney
1668	1674		general rule, for the forensic portion of a forensic medical
1669	1675		examination conducted under Article 56A.303(a) and for the evidence
1670	1676		collection kit if a physician, sexual assault examiner, or sexual
1671	1677		assault nurse examiner conducts the forensic portion of the
1672	1678		examination within 96 hours after the alleged sexual assault
1673	1679		occurred.
1674	1680		(b) The attorney general shall reimburse the department for
1675	1681		fees paid under Subsection (a).
1676	1682		(c) A victim of an alleged sexual assault may not be
1677	1683		required to pay for:
1678	1684		(1) the forensic portion of the forensic medical
1679	1685		examination; or
1680	1686		(2) the evidence collection kit. (Code Crim. Proc.,
1681	1687		Arts. 56.065(d), (h) (part).)
1682	1688		Art. 56A.305. PAYMENT OF COSTS FOR CERTAIN MEDICAL CARE.
1683	1689		The attorney general may make a payment to or on behalf of an
1684	1690		individual for the reasonable costs incurred for medical care
1685	1691		provided in accordance with Section 323.004, Health and Safety
1686	1692		Code. (Code Crim. Proc., Art. 56.065(k).)
1687	1693		Art. 56A.306. PROCEDURES FOR TRANSFER AND PRESERVATION OF
1688	1694		EVIDENCE. (a) The department, consistent with Chapter 420,
1689	1695		Government Code, shall develop procedures for the transfer and
1690	1696		preservation of evidence collected under this subchapter to a crime
1691	1697		laboratory or other suitable location designated by the public
1692	1698		safety director of the department.
1693	1699		(b) An entity receiving the evidence shall preserve the
1694	1700		evidence until the earlier of:
1695	1701		(1) the second anniversary of the date on which the
1696	1702		evidence was collected; or
1697	1703		(2) the date on which written consent to release the
1698	1704		evidence is obtained as provided by Section 420.0735, Government
1699	1705		Code. (Code Crim. Proc., Art. 56.065(g).)
1700	1706		Art. 56A.307. PROCEDURES FOR SUBMISSION OR COLLECTION OF
1701	1707		ADDITIONAL EVIDENCE. The department, consistent with Chapter 420,
1702	1708		Government Code, may develop procedures regarding the submission or
1703	1709		collection of additional evidence of an alleged sexual assault
1704	1710		other than through a forensic medical examination as described by
1705	1711		Article 56A.303(a). (Code Crim. Proc., Art. 56.065(f).)
1706	1712		Art. 56A.308. CONFIDENTIALITY OF CERTAIN RECORDS. (a) In
1707	1713		this article, "identifying information" includes information that:
1708	1714		(1) reveals the identity, personal history, or
1709	1715		background of a person; or
1710	1716		(2) concerns the victimization of a person.
1711	1717		(b) A communication or record is confidential for purposes
1712	1718		of Section 552.101, Government Code, if the communication or
1713	1719		record:
1714	1720		(1) contains identifying information regarding a
1715	1721		victim who receives a forensic medical examination under Article
1716	1722		56A.303(a); and
1717	1723		(2) is created by, provided to, or in the control or
1718	1724		possession of the department. (Code Crim. Proc., Art. 56.065(j).)
1719	1725		Art. 56A.309. RULES. The attorney general and the
1720	1726		department shall each adopt rules as necessary to implement this
1721	1727		subchapter. (Code Crim. Proc., Art. 56.065(i).)
1722	1728		SUBCHAPTER H. PRESENCE OF ADVOCATE OR REPRESENTATIVE DURING
1723	1729		FORENSIC MEDICAL EXAMINATION
1724	1730		Art. 56A.351. PRESENCE OF SEXUAL ASSAULT PROGRAM ADVOCATE.
1725	1731		(a) Before conducting a forensic medical examination of a victim
1726	1732		who consents to the examination for the collection of evidence for
1727	1733		an alleged sexual assault, the physician or other medical services
1728	1734		personnel conducting the examination shall offer the victim the
1729	1735		opportunity to have an advocate from a sexual assault program as
1730	1736		defined by Section 420.003, Government Code, be present with the
1731	1737		victim during the examination, if the advocate is available at the
1732	1738		time of the examination. The advocate must have completed a sexual
1733	1739		assault training program described by Section 420.011(b),
1734	1740		Government Code.
1735	1741		(b) An advocate may only provide the victim with:
1736	1742		(1) counseling and other support services; and
1737	1743		(2) information regarding the rights of crime victims
1738	1744		under Subchapter B.
1739	1745		(c) Notwithstanding Subsection (a), an advocate and a
1740	1746		sexual assault program providing the advocate may not delay or
1741	1747		otherwise impede the screening or stabilization of an emergency
1742	1748		medical condition.
1743	1749		(d) A sexual assault program providing an advocate shall pay
1744	1750		all costs associated with providing the advocate.
1745	1751		(e) Any individual or entity, including a health care
1746	1752		facility, that provides an advocate with access under Subsection
1747	1753		(a) to a victim consenting to a forensic medical examination is not
1748	1754		subject to civil or criminal liability for providing that access.
1749	1755		In this article, "health care facility" includes a hospital
1750	1756		licensed under Chapter 241, Health and Safety Code. (Code Crim.
1751	1757		Proc., Arts. 56.045(a), (b), (c), (d), (e).)
1752	1758		Art. 56A.352. REPRESENTATIVE PROVIDED BY PENAL
1753	1759		INSTITUTION. (a) In this article, "penal institution" has the
1754	1760		meaning assigned by Section 1.07, Penal Code.
1755	1761		(b) If a victim alleging to have sustained injuries as the
1756	1762		victim of a sexual assault was confined in a penal institution at
1757	1763		the time of the alleged assault, the penal institution shall
1758	1764		provide, at the victim's request, a representative to be present
1759	1765		with the victim at any forensic medical examination conducted for
1760	1766		the purpose of collecting and preserving evidence related to the
1761	1767		investigation or prosecution of the alleged assault. The
1762	1768		representative must:
1763	1769		(1) be approved by the penal institution; and
1764	1770		(2) be a:
1765	1771		(A) psychologist;
1766	1772		(B) sociologist;
1767	1773		(C) chaplain;
1768	1774		(D) social worker;
1769	1775		(E) case manager; or
1770	1776		(F) volunteer who has completed a sexual assault
1771	1777		training program described by Section 420.011(b), Government Code.
1772	1778		(c) A representative may only provide the victim with:
1773	1779		(1) counseling and other support services; and
1774	1780		(2) information regarding the rights of crime victims
1775	1781		under Subchapter B.
1776	1782		(d) A representative may not delay or otherwise impede the
1777	1783		screening or stabilization of an emergency medical condition.
1778	1784		(Code Crim. Proc., Art. 56.045(f).)
1779	1785		SUBCHAPTER I. REQUIRED NOTIFICATIONS BY LAW ENFORCEMENT AGENCY
1780	1786		Art. 56A.401. NOTIFICATION OF RIGHTS. At the initial
1781	1787		contact or at the earliest possible time after the initial contact
1782	1788		between a victim of a reported offense and the law enforcement
1783	1789		agency having the responsibility for investigating the offense, the
1784	1790		agency shall provide the victim a written notice containing:
1785	1791		(1) information about the availability of emergency
1786	1792		and medical services, if applicable;
1787	1793		(2) information about the rights of crime victims
1788	1794		under Subchapter B;
1789	1795		(3) notice that the victim has the right to receive
1790	1796		information regarding compensation to victims of crime as provided
1791	1797		by Chapter 56B, including information about:
1792	1798		(A) the costs that may be compensated under that
1793	1799		chapter and the amount of compensation, eligibility for
1794	1800		compensation, and procedures for application for compensation
1795	1801		under that chapter;
1796	1802		(B) the payment for a forensic medical
1797	1803		examination under Article 56A.252 for a victim of an alleged sexual
1798	1804		assault; and
1799	1805		(C) referral to available social service
1800	1806		agencies that may offer additional assistance;
1801	1807		(4) the name, address, and phone number of the law
1802	1808		enforcement agency's crime victim liaison;
1803	1809		(5) the name, address, and phone number of the victim
1804	1810		assistance coordinator of the office of the attorney representing
1805	1811		the state; and
1806	1812		(6) the following statement:
1807	1813		"You may call the law enforcement agency's telephone number
1808	1814		for the status of the case and information about victims' rights."
1809	1815		(Code Crim. Proc., Art. 56.07(a).)
1810	1816		Art. 56A.402. REFERRAL TO SEXUAL ASSAULT PROGRAM. (a) At
1811	1817		the time a law enforcement agency provides notice under Article
1812	1818		56A.401, the agency shall provide, if the agency possesses the
1813	1819		relevant information:
1814	1820		(1) a referral to a sexual assault program as defined
1815	1821		by Section 420.003, Government Code; and
1816	1822		(2) a written description of the services provided by
1817	1823		the program.
1818	1824		(b) A sexual assault program may provide a written
1819	1825		description of the program's services to a law enforcement agency.
1820	1826		(Code Crim. Proc., Art. 56.07(b).)
1821	1827		SUBCHAPTER J. REQUIRED NOTIFICATIONS BY ATTORNEY REPRESENTING THE
1822	1828		STATE
1823	1829		Art. 56A.451. NOTIFICATION OF RIGHTS. (a) Not later than
1824	1830		the 10th day after the date that an indictment or information is
1825	1831		returned against a defendant for an offense, the attorney
1826	1832		representing the state shall give to each victim of the offense a
1827	1833		written notice containing:
1828	1834		(1) the case number and assigned court for the case;
1829	1835		(2) a brief general statement of each procedural stage
1830	1836		in the processing of a criminal case, including bail, plea
1831	1837		bargaining, parole restitution, and appeal;
1832	1838		(3) suggested steps the victim may take if the victim
1833	1839		is subjected to threats or intimidation;
1834	1840		(4) the name, address, and phone number of the local
1835	1841		victim assistance coordinator; and
1836	1842		(5) notification of:
1837	1843		(A) the rights and procedures under this chapter,
1838	1844		Chapter 56B, and Subchapter B, Chapter 58;
1839	1845		(B) the right to file a victim impact statement
1840	1846		with the office of the attorney representing the state and the
1841	1847		department;
1842	1848		(C) the right to receive information regarding
1843	1849		compensation to victims of crime as provided by Chapter 56B,
1844	1850		including information about:
1845	1851		(i) the costs that may be compensated under
1846	1852		that chapter, eligibility for compensation, and procedures for
1847	1853		application for compensation under that chapter;
1848	1854		(ii) the payment for a forensic medical
1849	1855		examination under Article 56A.252 for a victim of an alleged sexual
1850	1856		assault; and
1851	1857		(iii) referral to available social service
1852	1858		agencies that may offer additional assistance; and
1853	1859		(D) the right of a victim, guardian of a victim,
1854	1860		or close relative of a deceased victim, as defined by Section
1855	1861		508.117, Government Code, to appear in person before a member of the
1856	1862		board as provided by Section 508.153, Government Code.
1857	1863		(b) The brief general statement required by Subsection
1858	1864		(a)(2) that describes the plea bargaining stage in a criminal trial
1859	1865		must include a statement that:
1860	1866		(1) a victim impact statement provided by a victim,
1861	1867		guardian of a victim, or close relative of a deceased victim will be
1862	1868		considered by the attorney representing the state in entering into
1863	1869		a plea bargain agreement; and
1864	1870		(2) the judge before accepting a plea bargain
1865	1871		agreement is required under Article 26.13(e) to ask:
1866	1872		(A) whether a victim impact statement has been
1867	1873		returned to the attorney representing the state;
1868	1874		(B) if a victim impact statement has been
1869	1875		returned, for a copy of the statement; and
1870	1876		(C) whether the attorney representing the state
1871	1877		has given the victim, guardian of a victim, or close relative of a
1872	1878		deceased victim notice of the existence and terms of the plea
1873	1879		bargain agreement. (Code Crim. Proc., Arts. 56.08(a), (e).)
1874	1880		Art. 56A.452. NOTIFICATION OF SCHEDULED COURT PROCEEDINGS.
1875	1881		If requested by the victim, the attorney representing the state, as
1876	1882		far as reasonably practical, shall give the victim notice of:
1877	1883		(1) any scheduled court proceedings and changes in
1878	1884		that schedule; and
1879	1885		(2) the filing of a request for continuance of a trial
1880	1886		setting. (Code Crim. Proc., Art. 56.08(b).)
1881	1887		Art. 56A.453. NOTIFICATION OF PLEA BARGAIN AGREEMENT. The
1882	1888		attorney representing the state, as far as reasonably practical,
1883	1889		shall give a victim, guardian of a victim, or close relative of a
1884	1890		deceased victim notice of the existence and terms of any plea
1885	1891		bargain agreement to be presented to the court. (Code Crim. Proc.,
1886	1892		Art. 56.08(b-1).)
1887	1893		Art. 56A.454. VICTIM CONTACT INFORMATION. (a) A victim who
1888	1894		receives a notice under Article 56A.451(a) and who chooses to
1889	1895		receive other notice under law about the same case must keep the
1890	1896		following persons informed of the victim's current address and
1891	1897		phone number:
1892	1898		(1) the attorney representing the state; and
1893	1899		(2) the department if the defendant is imprisoned in
1894	1900		the department after sentencing.
1895	1901		(b) An attorney representing the state who receives
1896	1902		information concerning a victim's current address and phone number
1897	1903		shall immediately provide that information to the community
1898	1904		supervision and corrections department supervising the defendant,
1899	1905		if the defendant is placed on community supervision. (Code Crim.
1900	1906		Proc., Arts. 56.08(c), (d).)
1901	1907		SUBCHAPTER K. NOTIFICATION BY CERTAIN ENTITIES OF RELEASE OR
1902	1908		ESCAPE
1903	1909		Art. 56A.501. DEFINITIONS. In this subchapter:
1904	1910		(1) "Correctional facility" has the meaning assigned
1905	1911		by Section 1.07, Penal Code.
1906	1912		(2) "Family violence" has the meaning assigned by
1907	1913		Section 71.004, Family Code. (Code Crim. Proc., Art. 56.11(h).)
1908	1914		Art. 56A.502. APPLICABILITY. This subchapter applies to a
1909	1915		defendant convicted of:
1910	1916		(1) an offense under Title 5, Penal Code, that is
1911	1917		punishable as a felony;
1912	1918		(2) an offense described by Section 508.187(a),
1913	1919		Government Code, other than an offense described by Subdivision
1914	1920		(1); or
1915	1921		(3) an offense involving family violence, stalking, or
1916	1922		violation of a protective order or magistrate's order. (Code Crim.
1917	1923		Proc., Art. 56.11(c).)
1918	1924		Art. 56A.503. NOTIFICATION OF RELEASE OR ESCAPE. (a) The
1919	1925		department or sheriff, whichever has custody of a defendant in the
1920	1926		case of a felony, or the sheriff in the case of a misdemeanor, shall
1921	1927		notify a victim of the offense or a witness who testified against
1922	1928		the defendant at the trial for the offense, other than a witness who
1923	1929		testified in the course and scope of the witness's official or
1924	1930		professional duties, when a defendant convicted of an offense
1925	1931		described by Article 56A.502:
1926	1932		(1) completes the defendant's sentence and is
1927	1933		released; or
1928	1934		(2) escapes from a correctional facility.
1929	1935		(b) If the department is required by Subsection (a) to give
1930	1936		notice to a victim or witness, the department shall also give notice
1931	1937		to local law enforcement officials in the county in which the victim
1932	1938		or witness resides. (Code Crim. Proc., Arts. 56.11(a), (b).)
1933	1939		Art. 56A.504. NOTIFICATION REGARDING DEFENDANT SUBJECT TO
1934	1940		ELECTRONIC MONITORING. The department, in the case of a defendant
1935	1941		released on parole or to mandatory supervision following a term of
1936	1942		imprisonment for an offense described by Article 56A.502, or a
1937	1943		community supervision and corrections department supervising a
1938	1944		defendant convicted of an offense described by Article 56A.502 and
1939	1945		subsequently released on community supervision, shall notify a
1940	1946		victim or witness described by Article 56A.503(a) when the
1941	1947		defendant, if subject to electronic monitoring as a condition of
1942	1948		release, ceases to be electronically monitored. (Code Crim. Proc.,
1943	1949		Art. 56.11(a-1).)
1944	1950		Art. 56A.505. NOTIFICATION OF RIGHT TO NOTICE. Not later
1945	1951		than immediately following the conviction of a defendant for an
1946	1952		offense described by Article 56A.502, the attorney who represented
1947	1953		the state in the prosecution of the case shall notify in writing a
1948	1954		victim or witness described by Article 56A.503(a) of the victim's
1949	1955		or witness's right to receive notice under this subchapter. (Code
1950	1956		Crim. Proc., Art. 56.11(g).)
1951	1957		Art. 56A.506. VICTIM OR WITNESS CONTACT INFORMATION;
1952	1958		CONFIDENTIALITY. (a) A victim or witness who wants notification
1953	1959		under this subchapter must:
1954	1960		(1) provide the department, the sheriff, or the
1955	1961		community supervision and corrections department supervising the
1956	1962		defendant, as appropriate, with the e-mail address, mailing
1957	1963		address, and telephone number of the victim, witness, or other
1958	1964		person through whom the victim or witness may be contacted; and
1959	1965		(2) notify the appropriate department or the sheriff
1960	1966		of any change of address or telephone number of the victim, witness,
1961	1967		or other person.
1962	1968		(b) Information obtained and maintained by the department,
1963	1969		a sheriff, or a community supervision and corrections department
1964	1970		under this article is privileged and confidential. (Code Crim.
1965	1971		Proc., Art. 56.11(d).)
1966	1972		Art. 56A.507. TIME FOR NOTICE. (a) The department, the
1967	1973		sheriff, or the community supervision and corrections department
1968	1974		supervising the defendant, as appropriate:
1969	1975		(1) shall make a reasonable attempt to give any notice
1970	1976		required by Article 56A.503(a) or 56A.504:
1971	1977		(A) not later than the 30th day before the date
1972	1978		the defendant:
1973	1979		(i) completes the sentence and is released;
1974	1980		or
1975	1981		(ii) ceases to be electronically monitored
1976	1982		as a condition of release; or
1977	1983		(B) immediately if the defendant escapes from the
1978	1984		correctional facility; and
1979	1985		(2) may give the notice by e-mail, if possible.
1980	1986		(b) An attempt by the department, the sheriff, or the
1981	1987		community supervision and corrections department supervising the
1982	1988		defendant to give notice to a victim or witness at the victim's or
1983	1989		witness's last known mailing address or, if notice by e-mail is
1984	1990		possible, last known e-mail address, as shown on the records of the
1985	1991		appropriate department or agency, constitutes a reasonable attempt
1986	1992		to give notice under this subchapter. (Code Crim. Proc., Arts.
1987	1993		56.11(e), (f).)
1988	1994		SUBCHAPTER L. NOTIFICATION BY DEPARTMENT OF ESCAPE OR TRANSFER
1989	1995		Art. 56A.551. DEFINITION. In this subchapter, "witness's
1990	1996		close relative" means a person who:
1991	1997		(1) was the spouse of a deceased witness at the time of
1992	1998		the witness's death; or
1993	1999		(2) is a parent or adult brother, sister, or child of a
1994	2000		deceased witness. (Code Crim. Proc., Art. 56.12(d).)
1995	2001		Art. 56A.552. NOTIFICATION OF VICTIM. The department shall
1996	2002		immediately notify the victim of an offense, the victim's guardian,
1997	2003		or the victim's close relative if the victim is deceased, if the
1998	2004		victim, victim's guardian, or victim's close relative has notified
1999	2005		the department as provided by Article 56A.554, when the defendant:
2000	2006		(1) escapes from a facility operated by the department
2001	2007		for the imprisonment of individuals convicted of felonies other
2002	2008		than state jail felonies; or
2003	2009		(2) is transferred from the custody of a facility
2004	2010		described by Subdivision (1) to the custody of a peace officer under
2005	2011		a writ of attachment or a bench warrant. (Code Crim. Proc., Art.
2006	2012		56.12(a).)
2007	2013		Art. 56A.553. NOTIFICATION OF WITNESS. The department
2008	2014		shall immediately notify a witness who testified against a
2009	2015		defendant at the trial for the offense for which the defendant is
2010	2016		imprisoned, the witness's guardian, or the witness's close
2011	2017		relative, if the witness, witness's guardian, or witness's close
2012	2018		relative has notified the department as provided by Article
2013	2019		56A.554, when the defendant:
2014	2020		(1) escapes from a facility operated by the department
2015	2021		for the imprisonment of individuals convicted of felonies other
2016	2022		than state jail felonies; or
2017	2023		(2) is transferred from the custody of a facility
2018	2024		described by Subdivision (1) to the custody of a peace officer under
2019	2025		a writ of attachment or a bench warrant. (Code Crim. Proc., Art.
2020	2026		56.12(a-1).)
2021	2027		Art. 56A.554. REQUEST FOR NOTIFICATION; CHANGE OF ADDRESS.
2022	2028		A victim, witness, guardian, or close relative who wants
2023	2029		notification of a defendant's escape or transfer from custody under
2024	2030		a writ of attachment or bench warrant must notify the department of
2025	2031		that fact and of any change of address. (Code Crim. Proc., Art.
2026	2032		56.12(b).)
2027	2033		Art. 56A.555. NOTICE OF TRANSFER FROM OR RETURN TO CUSTODY.
2028	2034		The department shall include in a notice provided under Article
2029	2035		56A.552(2) or 56A.553(2) the name, address, and telephone number of
2030	2036		the peace officer receiving the defendant into custody. On
2031	2037		returning the defendant to the custody of the department, the
2032	2038		victim services division of the department shall notify the victim,
2033	2039		witness, guardian, or close relative, as applicable, of the return.
2034	2040		(Code Crim. Proc., Art. 56.12(c).)
2035	2041		SUBCHAPTER M. OTHER POWERS AND DUTIES OF DEPARTMENT AND
2036	2042		CLEARINGHOUSE
2037	2043		Art. 56A.601. DATABASE FOR DEFENDANT RELEASE INFORMATION.
2038	2044		The department shall:
2039	2045		(1) create and maintain a computerized database
2040	2046		containing the release information and release date of a defendant
2041	2047		convicted of an offense described by Article 56A.502; and
2042	2048		(2) allow a victim or witness entitled to notice under
2043	2049		Subchapter K or L to access through the Internet the computerized
2044	2050		database maintained under Subdivision (1). (Code Crim. Proc., Art.
2045	2051		56.15.)
2046	2052		Art. 56A.602. VICTIM-OFFENDER MEDIATION. The victim
2047	2053		services division of the department shall:
2048	2054		(1) train volunteers to act as mediators between
2049	2055		victims, guardians of victims, and close relatives of deceased
2050	2056		victims and offenders whose criminal conduct caused bodily injury
2051	2057		or death to victims; and
2052	2058		(2) provide mediation services through referral of a
2053	2059		trained volunteer, if requested by a victim, guardian of a victim,
2054	2060		or close relative of a deceased victim. (Code Crim. Proc., Art.
2055	2061		56.13.)
2056	2062		Art. 56A.603. CLEARINGHOUSE ANNUAL CONFERENCE. The
2057	2063		clearinghouse may:
2058	2064		(1) conduct an annual conference to provide to
2059	2065		participants in the criminal justice system training containing
2060	2066		information on crime victims' rights; and
2061	2067		(2) charge a fee to a person attending the conference
2062	2068		described by Subdivision (1). (Code Crim. Proc., Art. 56.14.)
2063	2069		Art. 56A.604. CRIME VICTIM ASSISTANCE STANDARDS. The
2064	2070		clearinghouse shall develop crime victim assistance standards and
2065	2071		distribute those standards to law enforcement officers and
2066	2072		attorneys representing the state to aid those officers and
2067	2073		attorneys in performing duties imposed by this chapter, Chapter
2068	2074		56B, and Subchapter B, Chapter 58. (Code Crim. Proc., Art.
2069	2075		56.05(c).)
2070	2076		SECTION 1.06. Title 1, Code of Criminal Procedure, is amended by adding Chapter 56B to read as follows:
2071	2077		CHAPTER 56B. CRIME VICTIMS' COMPENSATION
2072	2078		SUBCHAPTER A. GENERAL PROVISIONS
2073	2079		Art. 56B.001. SHORT TITLE
2074	2080		Art. 56B.002. LEGISLATIVE FINDINGS AND INTENT
2075	2081		Art. 56B.003. DEFINITIONS
2076	2082		Art. 56B.004. ADMINISTRATION; RULES
2077	2083		Art. 56B.005. ANNUAL REPORT
2078	2084		Art. 56B.006. PUBLIC NOTICE
2079	2085		Art. 56B.007. NOTICE BY LOCAL LAW ENFORCEMENT AGENCY
2080	2086		SUBCHAPTER B. APPLICATION AND REVIEW
2081	2087		Art. 56B.051. APPLICATION FOR COMPENSATION
2082	2088		Art. 56B.052. PERIOD FOR FILING APPLICATION
2083	2089		Art. 56B.053. REPORTING OF OFFENSE REQUIRED
2084	2090		Art. 56B.054. REVIEW AND INVESTIGATION OF APPLICATION
2085	2091		Art. 56B.055. MENTAL OR PHYSICAL EXAMINATION; AUTOPSY
2086	2092		Art. 56B.056. HEARINGS AND PREHEARING CONFERENCES
2087	2093		Art. 56B.057. APPROVAL OF APPLICATION
2088	2094		Art. 56B.058. DISCLOSURE AND USE OF INFORMATION
2089	2095		SUBCHAPTER C. AWARD OF COMPENSATION
2090	2096		Art. 56B.101. TYPES OF ASSISTANCE
2091	2097		Art. 56B.102. EMERGENCY AWARD
2092	2098		Art. 56B.103. COMPENSATION FOR PECUNIARY LOSS
2093	2099		Art. 56B.104. COMPENSATION FOR HEALTH CARE SERVICES
2094	2100		Art. 56B.105. COMPENSATION FOR CERTAIN CRIMINALLY
2095	2101		INJURIOUS CONDUCT PROHIBITED
2096	2102		Art. 56B.106. LIMITS ON COMPENSATION
2097	2103		Art. 56B.107. DENIAL OR REDUCTION OF AWARD
2098	2104		Art. 56B.108. RECONSIDERATION
2099	2105		SUBCHAPTER D. PAYMENT OF AWARD
2100	2106		Art. 56B.151. METHOD OF PAYMENT
2101	2107		Art. 56B.152. PAYMENT FOR PECUNIARY LOSS ACCRUED AT
2102	2108		TIME OF AWARD
2103	2109		Art. 56B.153. PAYMENT FOR PECUNIARY LOSS ACCRUED AFTER
2104	2110		TIME OF AWARD
2105	2111		Art. 56B.154. RECIPIENT OF PAYMENT
2106	2112		SUBCHAPTER E. GENERAL PROVISIONS RELATING TO PAYMENT
2107	2113		Art. 56B.201. ADJUSTMENT OF AWARDS AND PAYMENTS
2108	2114		Art. 56B.202. SUBROGATION
2109	2115		Art. 56B.203. AWARD NOT SUBJECT TO EXECUTION
2110	2116		Art. 56B.204. ASSIGNMENT OF BENEFITS FOR LOSS ACCRUING
2111	2117		IN FUTURE
2112	2118		SUBCHAPTER F. PAYMENTS FOR CERTAIN DISABLED PEACE OFFICERS
2113	2119		Art. 56B.251. DEFINITION
2114	2120		Art. 56B.252. APPLICABILITY
2115	2121		Art. 56B.253. PAYMENT ENTITLEMENT
2116	2122		Art. 56B.254. AMOUNT OF PAYMENT
2117	2123		Art. 56B.255. METHOD OF PAYMENT
2118	2124		Art. 56B.256. COST-OF-LIVING ADJUSTMENT
2119	2125		Art. 56B.257. CALCULATION OF INITIAL PAYMENT
2120	2126		Art. 56B.258. PROOF REQUIRED FOR PAYMENT
2121	2127		Art. 56B.259. HEARING
2122	2128		Art. 56B.260. JUDICIAL REVIEW
2123	2129		Art. 56B.261. PERIODIC REVIEW
2124	2130		Art. 56B.262. ISSUANCE OF WARRANT FOR PAYMENT
2125	2131		Art. 56B.263. LIMITS ON COMPENSATION
2126	2132		Art. 56B.264. APPLICATION OF OTHER LAW
2127	2133		SUBCHAPTER G. ATTORNEY'S FEES
2128	2134		Art. 56B.301. AWARD OF ATTORNEY'S FEES
2129	2135		Art. 56B.302. AMOUNT OF ATTORNEY'S FEES
2130	2136		SUBCHAPTER H. JUDICIAL REVIEW
2131	2137		Art. 56B.351. NOTICE OF DISSATISFACTION
2132	2138		Art. 56B.352. SUIT; VENUE
2133	2139		Art. 56B.353. RESTRICTIONS ON ATTORNEY GENERAL DURING
2134	2140		JUDICIAL REVIEW
2135	2141		Art. 56B.354. STANDARD OF REVIEW
2136	2142		Art. 56B.355. BURDEN OF PROOF
2137	2143		Art. 56B.356. ATTORNEY'S FEES
2138	2144		Art. 56B.357. CALCULATION OF TIME
2139	2145		SUBCHAPTER I. PRIVATE ACTION
2140	2146		Art. 56B.401. NOTICE OF PROPOSED PRIVATE ACTION
2141	2147		Art. 56B.402. RECEIPT OF NOTICE
2142	2148		Art. 56B.403. DEDUCTION FOR REASONABLE EXPENSES
2143	2149		Art. 56B.404. LIMITATIONS ON RESOLUTION OF ACTION
2144	2150		Art. 56B.405. CRIMINAL PENALTY
2145	2151		SUBCHAPTER J. FUNDS
2146	2152		Art. 56B.451. DEFINITION
2147	2153		Art. 56B.452. ESTABLISHMENT
2148	2154		Art. 56B.453. USE OF MONEY
2149	2155		Art. 56B.454. LIMITATIONS ON PAYMENTS
2150	2156		Art. 56B.455. AMOUNT CARRIED FORWARD
2151	2157		Art. 56B.456. TRANSFER OF MONEY FROM AUXILIARY FUND
2152	2158		Art. 56B.457. GIFTS, GRANTS, AND DONATIONS
2153	2159		Art. 56B.458. EMERGENCY RESERVE
2154	2160		Art. 56B.459. APPROPRIATION FOR ASSOCIATE JUDGE
2155	2161		PROGRAM
2156	2162		Art. 56B.460. APPROPRIATION FOR OTHER CRIME VICTIM
2157	2163		ASSISTANCE
2158	2164		Art. 56B.461. USE OF AUXILIARY FUND
2159	2165		Art. 56B.462. PAYERS OF LAST RESORT
2160	2166		SUBCHAPTER K. ADMINISTRATIVE PENALTY
2161	2167		Art. 56B.501. CONDUCT SUBJECT TO PENALTY; AMOUNT OF
2162	2168		PENALTY
2163	2169		Art. 56B.502. REPORT AND NOTICE OF VIOLATION AND
2164	2170		PENALTY
2165	2171		Art. 56B.503. PENALTY TO BE PAID OR HEARING REQUESTED
2166	2172		Art. 56B.504. HEARING
2167	2173		Art. 56B.505. DECISION BY ATTORNEY GENERAL
2168	2174		Art. 56B.506. OPTIONS FOLLOWING DECISION: PAY OR
2169	2175		APPEAL
2170	2176		Art. 56B.507. COLLECTION OF PENALTY
2171	2177		Art. 56B.508. DECISION BY COURT
2172	2178		Art. 56B.509. REMITTANCE OF PENALTY AND INTEREST
2173	2179		Art. 56B.510. RELEASE OF BOND
2174	2180		Art. 56B.511. DISPOSITION OF PENALTY
2175	2181		Art. 56B.512. RECOVERY OF EXPENSES
2176	2182		Art. 56B.513. ADMINISTRATIVE PROCEDURE
2177	2183		SUBCHAPTER L. OTHER PENALTIES AND SANCTIONS
2178	2184		Art. 56B.551. LETTER OF REPRIMAND
2179	2185		Art. 56B.552. CIVIL PENALTY
2180	2186		CHAPTER 56B. CRIME VICTIMS' COMPENSATION
2181	2187		SUBCHAPTER A. GENERAL PROVISIONS
2182	2188		Art. 56B.001. SHORT TITLE. This chapter may be cited as the
2183	2189		Crime Victims' Compensation Act. (Code Crim. Proc., Art. 56.31.)
2184	2190		Art. 56B.002. LEGISLATIVE FINDINGS AND INTENT. (a) The
2185	2191		legislature recognizes that many innocent individuals suffer
2186	2192		personal injury or death as a result of criminal acts. Crime victims
2187	2193		and persons who intervene to prevent criminal acts often suffer
2188	2194		disabilities, incur financial burdens, or become dependent on
2189	2195		public assistance. The legislature finds that there is a need to
2190	2196		compensate crime victims and those who suffer personal injury or
2191	2197		death in the prevention of crime or in the apprehension of
2192	2198		criminals.
2193	2199		(b) It is the legislature's intent that the compensation of
2194	2200		innocent victims of violent crime encourage greater public
2195	2201		cooperation in the successful apprehension and prosecution of
2196	2202		criminals. (Code Crim. Proc., Art. 56.311.)
2197	2203		Art. 56B.003. DEFINITIONS. In this chapter:
2198	2204		(1) "Child" means an individual younger than 18 years
2199	2205		of age who:
2200	2206		(A) is not married; or
2201	2207		(B) has not had the disabilities of minority
2202	2208		removed for general purposes under Chapter 31, Family Code.
2203	2209		(2) "Claimant" means any of the following individuals,
2204	2210		other than a service provider, who is entitled to file or has filed
2205	2211		a claim for compensation under this chapter:
2206	2212		(A) an authorized individual acting on behalf of
2207	2213		a victim;
2208	2214		(B) an individual who legally assumes the
2209	2215		obligation or who voluntarily pays medical or burial expenses of a
2210	2216		victim incurred as a result of the criminally injurious conduct of
2211	2217		another;
2212	2218		(C) a dependent of a victim who died as a result
2213	2219		of the criminally injurious conduct;
2214	2220		(D) an immediate family member or a household
2215	2221		member of a victim who, as a result of the criminally injurious
2216	2222		conduct:
2217	2223		(i) requires psychiatric care or
2218	2224		counseling;
2219	2225		(ii) incurs expenses for traveling to and
2220	2226		attending a deceased victim's funeral; or
2221	2227		(iii) suffers wage loss from bereavement
2222	2228		leave taken in connection with the death of the victim; or
2223	2229		(E) an authorized individual acting on behalf of
2224	2230		a child described by Paragraph (C) or (D).
2225	2231		(3) "Collateral source" means any of the following
2226	2232		sources of benefits or advantages for pecuniary loss that a
2227	2233		claimant or victim has received or that is readily available to the
2228	2234		claimant or victim from:
2229	2235		(A) the offender under an order of restitution to
2230	2236		the claimant or victim that is imposed by a court as a condition of
2231	2237		community supervision;
2232	2238		(B) the United States, a federal agency, a state
2233	2239		or any of its political subdivisions, or an instrumentality of two
2234	2240		or more states, unless the law providing for the benefits or
2235	2241		advantages makes those benefits or advantages in addition to or
2236	2242		secondary to benefits under this chapter;
2237	2243		(C) social security, Medicare, or Medicaid;
2238	2244		(D) another state's or another country's crime
2239	2245		victims' compensation program;
2240	2246		(E) workers' compensation;
2241	2247		(F) an employer's wage continuation program, not
2242	2248		including vacation and sick leave benefits;
2243	2249		(G) proceeds of an insurance contract payable to
2244	2250		or on behalf of the claimant or victim for loss that the claimant or
2245	2251		victim sustained because of the criminally injurious conduct;
2246	2252		(H) a contract or self-funded program providing
2247	2253		hospital and other health care services or benefits; or
2248	2254		(I) proceeds awarded to the claimant or victim as
2249	2255		a result of third-party litigation.
2250	2256		(4) "Criminally injurious conduct" means conduct
2251	2257		that:
2252	2258		(A) occurs or is attempted;
2253	2259		(B) poses a substantial threat of personal injury
2254	2260		or death;
2255	2261		(C) is punishable by fine, imprisonment, or
2256	2262		death, or would be punishable by fine, imprisonment, or death if the
2257	2263		person engaging in the conduct possessed the capacity to commit the
2258	2264		conduct; and
2259	2265		(D) does not arise out of the ownership,
2260	2266		maintenance, or use of a motor vehicle, aircraft, or water vehicle,
2261	2267		unless the conduct is:
2262	2268		(i) intended to cause personal injury or
2263	2269		death;
2264	2270		(ii) in violation of Section 545.157 or
2265	2271		545.401, Transportation Code, if the conduct results in bodily
2266	2272		injury or death;
2267	2273		(iii) in violation of Section 550.021,
2268	2274		Transportation Code; or
2269	2275		(iv) in violation of one or more of the
2270	2276		following sections of the Penal Code:
2271	2277		(a) Section 19.04 (manslaughter);
2272	2278		(b) Section 19.05 (criminally
2273	2279		negligent homicide);
2274	2280		(c) Section 22.02 (aggravated
2275	2281		assault);
2276	2282		(d) Section 22.05 (deadly conduct);
2277	2283		(e) Section 49.04 (driving while
2278	2284		intoxicated);
2279	2285		(f) Section 49.05 (flying while
2280	2286		intoxicated);
2281	2287		(g) Section 49.06 (boating while
2282	2288		intoxicated);
2283	2289		(h) Section 49.07 (intoxication
2284	2290		assault); or
2285	2291		(i) Section 49.08 (intoxication
2286	2292		manslaughter).
2287	2293		(5) "Dependent" means:
2288	2294		(A) a surviving spouse;
2289	2295		(B) a person who is a dependent, within the
2290	2296		meaning of the Internal Revenue Code of 1986, of a victim; and
2291	2297		(C) a posthumous child of a deceased victim.
2292	2298		(6) "Family violence" has the meaning assigned by
2293	2299		Section 71.004(1), Family Code.
2294	2300		(7) "Household member" means an individual who:
2295	2301		(A) is related by consanguinity or affinity to
2296	2302		the victim; and
2297	2303		(B) resided in the same permanent household as
2298	2304		the victim at the time that the criminally injurious conduct
2299	2305		occurred.
2300	2306		(8) "Immediate family member" means an individual who
2301	2307		is related to a victim within the second degree by consanguinity or
2302	2308		affinity.
2303	2309		(9) "Intervenor" means an individual who goes to the
2304	2310		aid of another and is killed or injured in a good faith effort to:
2305	2311		(A) prevent criminally injurious conduct;
2306	2312		(B) apprehend a person reasonably suspected of
2307	2313		having engaged in criminally injurious conduct; or
2308	2314		(C) aid a peace officer.
2309	2315		(10) "Pecuniary loss" means the amount of the expense
2310	2316		reasonably and necessarily incurred as a result of personal injury
2311	2317		or death for:
2312	2318		(A) medical, hospital, nursing, or psychiatric
2313	2319		care or counseling, or physical therapy;
2314	2320		(B) actual loss of past earnings and anticipated
2315	2321		loss of future earnings and necessary travel expenses because of:
2316	2322		(i) a disability resulting from the
2317	2323		personal injury;
2318	2324		(ii) the receipt of medically indicated
2319	2325		services related to the disability; or
2320	2326		(iii) participation in or attendance at
2321	2327		investigative, prosecutorial, or judicial processes or any
2322	2328		postconviction or postadjudication proceeding relating to
2323	2329		criminally injurious conduct;
2324	2330		(C) care of a child or dependent, including
2325	2331		specialized care for a child who is a victim;
2326	2332		(D) funeral and burial expenses, including, for
2327	2333		an immediate family member or a household member of the victim, the
2328	2334		necessary expenses of traveling to and attending the funeral;
2329	2335		(E) loss of support to a dependent, consistent
2330	2336		with Article 56B.057(b)(5);
2331	2337		(F) reasonable and necessary costs of cleaning
2332	2338		the crime scene;
2333	2339		(G) reasonable replacement costs for clothing,
2334	2340		bedding, or property of the victim seized as evidence or rendered
2335	2341		unusable as a result of the criminal investigation;
2336	2342		(H) reasonable and necessary costs for
2337	2343		relocation and housing rental assistance payments as provided by
2338	2344		Article 56B.106(c);
2339	2345		(I) for an immediate family member or a household
2340	2346		member of a deceased victim, bereavement leave of not more than 10
2341	2347		work days; and
2342	2348		(J) reasonable and necessary costs of traveling
2343	2349		to and from a place of execution to witness the execution, including
2344	2350		one night's lodging near the place where the execution is
2345	2351		conducted.
2346	2352		(11) "Personal injury" means physical or mental harm.
2347	2353		(12) "Sexual assault" means an offense under Section
2348	2354		21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code.
2349	2355		(13) "Trafficking of persons" means any offense that
2350	2356		results in a person engaging in forced labor or services, including
2351	2357		sexual conduct, and that may be prosecuted under Section 20A.02,
2352	2358		20A.03, 43.03, 43.04, 43.05, 43.25, 43.251, or 43.26, Penal Code.
2353	2359		(14) "Victim" means:
2354	2360		(A) an individual who:
2355	2361		(i) suffers personal injury or death as a
2356	2362		result of criminally injurious conduct or as a result of actions
2357	2363		taken by the individual as an intervenor, if the conduct or actions
2358	2364		occurred in this state; and
2359	2365		(ii) is a resident of this state or another
2360	2366		state of the United States;
2361	2367		(B) an individual who:
2362	2368		(i) suffers personal injury or death as a
2363	2369		result of criminally injurious conduct or as a result of actions
2364	2370		taken by the individual as an intervenor, if the conduct or actions
2365	2371		occurred in a state or country that does not have a crime victims'
2366	2372		compensation program that meets the requirements of Section
2367	2373		1403(b), Victims of Crime Act of 1984 (34 U.S.C. Section 20102(b));
2368	2374		(ii) is a resident of this state; and
2369	2375		(iii) would be entitled to compensation
2370	2376		under this chapter if the criminally injurious conduct or actions
2371	2377		had occurred in this state; or
2372	2378		(C) an individual who:
2373	2379		(i) suffers personal injury or death as a
2374	2380		result of criminally injurious conduct caused by an act of
2375	2381		international terrorism as defined by 18 U.S.C. Section 2331
2376	2382		committed outside of the United States; and
2377	2383		(ii) is a resident of this state.
2378	2384		(15) "Victim-related services or assistance" means
2379	2385		compensation, services, or assistance provided directly to a victim
2380	2386		or claimant to support or assist in the recovery of the victim or
2381	2387		claimant from the consequences of criminally injurious conduct.
2382	2388		(Code Crim. Proc., Arts. 56.01(2-a), 56.32.)
2383	2389		Art. 56B.004. ADMINISTRATION; RULES. (a) The attorney
2384	2390		general shall adopt rules consistent with this chapter governing
2385	2391		its administration, including rules relating to the method of
2386	2392		filing claims and the proof of entitlement to compensation and the
2387	2393		review of health care services subject to compensation under this
2388	2394		chapter, Chapter 56A, and Subchapter B, Chapter 58.
2389	2395		(b) Subchapters A and B, Chapter 2001, Government Code,
2390	2396		except Sections 2001.004(3) and 2001.005, apply to the attorney
2391	2397		general.
2392	2398		(c) The attorney general may delegate to a person in the
2393	2399		attorney general's office a power or duty given to the attorney
2394	2400		general under this chapter. (Code Crim. Proc., Art. 56.33.)
2395	2401		Art. 56B.005. ANNUAL REPORT. Not later than the 100th day
2396	2402		after the end of each state fiscal year, the attorney general shall
2397	2403		submit to the governor and the legislature a report on the attorney
2398	2404		general's activities during the preceding fiscal year, including a
2399	2405		statistical summary of claims and awards made and denied. (Code
2400	2406		Crim. Proc., Art. 56.53.)
2401	2407		Art. 56B.006. PUBLIC NOTICE. (a) A hospital licensed under
2402	2408		the laws of this state shall display prominently in its emergency
2403	2409		room posters giving notice of the existence and general provisions
2404	2410		of this chapter.
2405	2411		(b) The attorney general shall:
2406	2412		(1) set standards for the location of the posters
2407	2413		described by Subsection (a); and
2408	2414		(2) provide posters, application forms, and general
2409	2415		information regarding this chapter to each hospital and physician
2410	2416		licensed to practice in this state. (Code Crim. Proc., Art.
2411	2417		56.60(a).)
2412	2418		Art. 56B.007. NOTICE BY LOCAL LAW ENFORCEMENT AGENCY. (a)
2413	2419		Each local law enforcement agency shall inform a claimant or victim
2414	2420		of the provisions of this chapter and make application forms
2415	2421		available.
2416	2422		(b) The attorney general:
2417	2423		(1) shall:
2418	2424		(A) provide application forms and all other
2419	2425		documents that a local law enforcement agency may require to comply
2420	2426		with this article; and
2421	2427		(B) set standards to be followed by a local law
2422	2428		enforcement agency to comply with this article; and
2423	2429		(2) may require a local law enforcement agency to file
2424	2430		with the attorney general a description of the procedures adopted
2425	2431		by the agency to comply with this article. (Code Crim. Proc., Art.
2426	2432		56.60(b).)
2427	2433		SUBCHAPTER B. APPLICATION AND REVIEW
2428	2434		Art. 56B.051. APPLICATION FOR COMPENSATION. (a) An
2429	2435		applicant for compensation under this chapter must apply in writing
2430	2436		on a form prescribed by the attorney general.
2431	2437		(b) An application for compensation under this chapter must
2432	2438		be verified and contain:
2433	2439		(1) the date on which the criminally injurious conduct
2434	2440		occurred;
2435	2441		(2) a description of the nature and circumstances of
2436	2442		the criminally injurious conduct;
2437	2443		(3) a complete financial statement, including:
2438	2444		(A) the cost of medical care or burial expenses
2439	2445		and the loss of wages or support the claimant or victim has incurred
2440	2446		or will incur; and
2441	2447		(B) the extent to which the claimant or victim
2442	2448		has been indemnified for the expenses under Paragraph (A) from a
2443	2449		collateral source;
2444	2450		(4) a statement indicating the extent of any
2445	2451		disability resulting from the injury incurred;
2446	2452		(5) an authorization permitting the attorney general
2447	2453		to verify the contents of the application; and
2448	2454		(6) any other information the attorney general
2449	2455		requires. (Code Crim. Proc., Art. 56.36.)
2450	2456		Art. 56B.052. PERIOD FOR FILING APPLICATION. (a) Except as
2451	2457		otherwise provided by this article, a claimant or victim must file
2452	2458		an application not later than the third anniversary of the date of
2453	2459		the criminally injurious conduct.
2454	2460		(b) The attorney general may extend the time for filing for
2455	2461		good cause shown by the claimant or victim.
2456	2462		(c) If the victim is a child, the application must be filed
2457	2463		not later than the third anniversary of the date the claimant or
2458	2464		victim is made aware of the offense, but not after the child attains
2459	2465		21 years of age.
2460	2466		(d) If a claimant or victim presents medically documented
2461	2467		evidence of a physical or mental incapacity that was incurred by the
2462	2468		claimant or victim as a result of the criminally injurious conduct
2463	2469		and that reasonably prevented the claimant or victim from filing
2464	2470		the application within the limitations period under Subsection (a),
2465	2471		the period of the incapacity is not included.
2466	2472		(e) For a claim that is based on criminally injurious
2467	2473		conduct in violation of Chapter 19, Penal Code, the claimant must
2468	2474		file an application not later than the third anniversary of the date
2469	2475		the identity of the victim is established by a law enforcement
2470	2476		agency. (Code Crim. Proc., Art. 56.37.)
2471	2477		Art. 56B.053. REPORTING OF OFFENSE REQUIRED. (a) Except as
2472	2478		otherwise provided by this article, a claimant or victim may not
2473	2479		file an application unless the victim reports the criminally
2474	2480		injurious conduct to the appropriate state or local public safety
2475	2481		or law enforcement agency within a reasonable period, but not so
2476	2482		late as to interfere with or hamper the investigation and
2477	2483		prosecution of the offense after the criminally injurious conduct
2478	2484		is committed.
2479	2485		(b) The attorney general may extend the time for reporting
2480	2486		the criminally injurious conduct if the attorney general determines
2481	2487		that the extension is justified by extraordinary circumstances.
2482	2488		(c) Subsection (a) does not apply if the victim is a child.
2483	2489		(Code Crim. Proc., Art. 56.46.)
2484	2490		Art. 56B.054. REVIEW AND INVESTIGATION OF APPLICATION. (a)
2485	2491		The attorney general shall appoint a clerk to review each
2486	2492		application for compensation described by Article 56B.051 to ensure
2487	2493		the application is complete.
2488	2494		(b) The attorney general may review the actual or proposed
2489	2495		health care services for which a claimant or victim seeks
2490	2496		compensation in an application filed under Article 56B.051.
2491	2497		(c) The clerk shall return to the claimant or victim any
2492	2498		application that is incomplete and shall provide a brief statement
2493	2499		showing the additional information required. Not later than the
2494	2500		30th day after the date of receiving a returned application, a
2495	2501		claimant or victim may:
2496	2502		(1) provide the additional information; or
2497	2503		(2) appeal the action to the attorney general, who
2498	2504		shall review the application to determine whether the application
2499	2505		is complete.
2500	2506		(d) The attorney general may investigate an application.
2501	2507		(e) As part of the attorney general's review, verification,
2502	2508		and hearing duties under this chapter, the attorney general may:
2503	2509		(1) subpoena witnesses and administer oaths to
2504	2510		determine whether and the extent to which a claimant or victim
2505	2511		qualifies for an award; and
2506	2512		(2) as provided by Article 56B.055 and if the mental,
2507	2513		physical, or emotional condition of a claimant or victim is
2508	2514		material to the claim, order:
2509	2515		(A) a claimant or victim to submit to a mental or
2510	2516		physical examination by a physician or psychologist; or
2511	2517		(B) an autopsy of a deceased victim.
2512	2518		(f) On request by the attorney general and not later than
2513	2519		the 14th business day after the date of the request, a law
2514	2520		enforcement agency shall release to the attorney general all
2515	2521		reports, including witness statements and criminal history record
2516	2522		information, to allow the attorney general to determine whether a
2517	2523		claimant or victim qualifies for an award and the extent of the
2518	2524		qualification. (Code Crim. Proc., Arts. 56.38, 56.385(a).)
2519	2525		Art. 56B.055. MENTAL OR PHYSICAL EXAMINATION; AUTOPSY. (a)
2520	2526		For good cause shown, an order for a mental or physical examination
2521	2527		or an autopsy as provided by Article 56B.054(e)(2) may be made on
2522	2528		notice to the individual to be examined and, if applicable, to each
2523	2529		person who has appeared at a hearing under Article 56B.056.
2524	2530		(b) An order under Subsection (a) must:
2525	2531		(1) specify the time, place, manner, conditions, and
2526	2532		scope of the examination or autopsy;
2527	2533		(2) specify the person who is to perform the
2528	2534		examination or autopsy; and
2529	2535		(3) require the person performing the examination or
2530	2536		autopsy to file with the attorney general a detailed written report
2531	2537		of the examination or autopsy.
2532	2538		(c) A report must set out the findings of the person
2533	2539		performing the examination or autopsy, including:
2534	2540		(1) the results of any test performed; and
2535	2541		(2) any diagnosis, prognosis, or other conclusion or
2536	2542		report of an earlier examination of the same condition.
2537	2543		(d) On request of the individual examined, the attorney
2538	2544		general shall provide to the individual a copy of the report. If
2539	2545		the victim is deceased, the attorney general on request shall
2540	2546		provide to the claimant a copy of the report.
2541	2547		(e) A physician or psychologist performing an examination
2542	2548		or autopsy under this article shall be compensated from money
2543	2549		appropriated for the administration of this chapter. (Code Crim.
2544	2550		Proc., Art. 56.39.)
2545	2551		Art. 56B.056. HEARINGS AND PREHEARING CONFERENCES. (a)
2546	2552		The attorney general shall determine whether a hearing on an
2547	2553		application for compensation under this chapter is necessary.
2548	2554		(b) On determining that a hearing is not necessary, the
2549	2555		attorney general may approve the application in accordance with
2550	2556		Article 56B.057.
2551	2557		(c) On determining that a hearing is necessary or on request
2552	2558		for a hearing by the claimant or victim, the attorney general shall
2553	2559		consider the application at a hearing at a time and place of the
2554	2560		attorney general's choosing. The attorney general shall notify all
2555	2561		interested persons not later than the 10th day before the date of
2556	2562		the hearing.
2557	2563		(d) At the hearing the attorney general shall:
2558	2564		(1) review the application for compensation and any
2559	2565		report prepared under Article 56B.055 and any other evidence
2560	2566		obtained as a result of the attorney general's investigation; and
2561	2567		(2) receive other evidence that the attorney general
2562	2568		finds necessary or desirable to evaluate the application properly.
2563	2569		(e) The attorney general may appoint hearing officers to
2564	2570		conduct hearings or prehearing conferences under this chapter.
2565	2571		(f) A hearing or prehearing conference is open to the public
2566	2572		unless the hearing officer or attorney general determines in a
2567	2573		particular case that all or part of the hearing or conference should
2568	2574		be held in private because a criminal suspect has not been
2569	2575		apprehended or because a private hearing or conference is in the
2570	2576		interest of the claimant or victim.
2571	2577		(g) The attorney general may suspend the proceedings
2572	2578		pending disposition of a criminal prosecution that has been
2573	2579		commenced or is imminent, except that the attorney general may make
2574	2580		an emergency award under Article 56B.102.
2575	2581		(h) Subchapters C through H, Chapter 2001, Government Code,
2576	2582		do not apply to the attorney general or the attorney general's
2577	2583		orders and decisions. (Code Crim. Proc., Art. 56.40.)
2578	2584		Art. 56B.057. APPROVAL OF APPLICATION. (a) The attorney
2579	2585		general shall approve an application for compensation under this
2580	2586		chapter if the attorney general finds by a preponderance of the
2581	2587		evidence that grounds for compensation under this chapter exist.
2582	2588		(b) The attorney general shall deny an application for
2583	2589		compensation under this chapter if:
2584	2590		(1) the criminally injurious conduct is not reported
2585	2591		as provided by Article 56B.053;
2586	2592		(2) the application is not made in the manner provided
2587	2593		by Articles 56B.051 and 56B.052;
2588	2594		(3) the claimant or victim knowingly and willingly
2589	2595		participated in the criminally injurious conduct;
2590	2596		(4) the claimant or victim is the offender or an
2591	2597		accomplice of the offender;
2592	2598		(5) an award of compensation to the claimant or victim
2593	2599		would benefit the offender or an accomplice of the offender;
2594	2600		(6) the claimant or victim was incarcerated in a penal
2595	2601		institution, as defined by Section 1.07, Penal Code, at the time the
2596	2602		offense was committed; or
2597	2603		(7) the claimant or victim knowingly or intentionally
2598	2604		submits false or forged information to the attorney general.
2599	2605		(c) Subsection (b)(3) does not apply to a claimant or victim
2600	2606		who seeks compensation for criminally injurious conduct that is:
2601	2607		(1) in violation of Section 20A.02(a)(7), Penal Code;
2602	2608		or
2603	2609		(2) trafficking of persons, other than an offense
2604	2610		described by Subdivision (1), if the criminally injurious conduct
2605	2611		the claimant or victim participated in was the result of force,
2606	2612		fraud, or coercion.
2607	2613		(d) Except as provided by rules adopted by the attorney
2608	2614		general to prevent the unjust enrichment of an offender, the
2609	2615		attorney general may not deny an award otherwise payable to a
2610	2616		claimant or victim because the claimant or victim:
2611	2617		(1) is an immediate family member of the offender; or
2612	2618		(2) resides in the same household as the offender.
2613	2619		(Code Crim. Proc., Art. 56.41.)
2614	2620		Art. 56B.058. DISCLOSURE AND USE OF INFORMATION. (a) This
2615	2621		article does not apply to information made confidential by law.
2616	2622		(b) An application for compensation under this chapter and
2617	2623		any information, document, summary, or other record provided to or
2618	2624		received, maintained, or created by the attorney general under this
2619	2625		chapter is:
2620	2626		(1) except as provided by Section 552.132(c),
2621	2627		Government Code, not subject to disclosure under Chapter 552 of
2622	2628		that code; and
2623	2629		(2) except as provided by Subsection (c), not subject
2624	2630		to disclosure, discovery, subpoena, or other means of legal
2625	2631		compulsion for release.
2626	2632		(c) The attorney general may not release or disclose an
2627	2633		application for compensation under this chapter, or any
2628	2634		information, document, summary, or other record provided to or
2629	2635		received, maintained, or created by the attorney general under this
2630	2636		chapter, except:
2631	2637		(1) by court order for good cause shown, if the order
2632	2638		includes a finding that the information is not available from any
2633	2639		other source;
2634	2640		(2) with the consent of:
2635	2641		(A) the claimant or victim; or
2636	2642		(B) the person that provided the information to
2637	2643		the attorney general;
2638	2644		(3) to an employee or other person under the direction
2639	2645		of the attorney general;
2640	2646		(4) to another crime victims' compensation program
2641	2647		that meets the requirements of 34 U.S.C. Section 20102(b);
2642	2648		(5) to a person authorized by the attorney general to
2643	2649		receive the information to:
2644	2650		(A) conduct an audit as required by state or
2645	2651		federal law;
2646	2652		(B) provide a review or examination under Article
2647	2653		56B.054 or 56B.055 or under another provision of this chapter to
2648	2654		determine the appropriateness of an award under this chapter;
2649	2655		(C) prevent, deter, or punish fraud related to
2650	2656		this chapter; or
2651	2657		(D) assert subrogation or restitution rights;
2652	2658		(6) as the attorney general determines necessary to
2653	2659		enforce this chapter, including presenting the application,
2654	2660		information, document, summary, or record in court; or
2655	2661		(7) in response to a subpoena that is issued in a
2656	2662		criminal proceeding and that requests an application for
2657	2663		compensation under this chapter, subject to Subsection (d).
2658	2664		(d) In responding to a subpoena described by Subsection
2659	2665		(c)(7), the attorney general shall release only the victim's
2660	2666		completed application form as described by Article 56B.051(a) after
2661	2667		redacting any confidential information described by Section
2662	2668		552.132(b), Government Code. The release of a victim's completed
2663	2669		application form under this subsection does not affect the
2664	2670		authority of the court to order the release or disclosure of
2665	2671		additional information under this article. (Code Crim. Proc., Art.
2666	2672		56.65.)
2667	2673		SUBCHAPTER C. AWARD OF COMPENSATION
2668	2674		Art. 56B.101. TYPES OF ASSISTANCE. (a) On approving an
2669	2675		application for compensation under Article 56B.057, the attorney
2670	2676		general shall determine the type of state assistance that will best
2671	2677		aid the claimant or victim.
2672	2678		(b) The attorney general may:
2673	2679		(1) authorize a cash payment to or on behalf of a
2674	2680		claimant or victim for pecuniary loss;
2675	2681		(2) refer a claimant or victim to a state agency for
2676	2682		vocational or other rehabilitative services; or
2677	2683		(3) provide counseling services for a claimant or
2678	2684		victim or contract with a private entity to provide counseling
2679	2685		services. (Code Crim. Proc., Art. 56.35.)
2680	2686		Art. 56B.102. EMERGENCY AWARD. (a) Before acting on an
2681	2687		application for compensation under this chapter, the attorney
2682	2688		general may make an emergency award if it appears likely that:
2683	2689		(1) a final award will be made; and
2684	2690		(2) the claimant or victim will suffer undue hardship
2685	2691		if immediate economic relief is not obtained.
2686	2692		(b) An emergency award may not exceed $1,500.
2687	2693		(c) The amount of an emergency award must be:
2688	2694		(1) deducted from the final award; or
2689	2695		(2) repaid by and recoverable from the claimant or
2690	2696		victim to the extent the emergency award exceeds the final award.
2691	2697		(Code Crim. Proc., Art. 56.50.)
2692	2698		Art. 56B.103. COMPENSATION FOR PECUNIARY LOSS. (a) The
2693	2699		attorney general shall award compensation for pecuniary loss
2694	2700		arising from criminally injurious conduct if the attorney general
2695	2701		is satisfied by a preponderance of the evidence that the
2696	2702		requirements of this chapter are met.
2697	2703		(b) The attorney general shall establish whether, as a
2698	2704		direct result of criminally injurious conduct, a claimant or victim
2699	2705		suffered personal injury or death that resulted in a pecuniary loss
2700	2706		for which the claimant or victim is not compensated from a
2701	2707		collateral source. (Code Crim. Proc., Arts. 56.34(a), (b).)
2702	2708		Art. 56B.104. COMPENSATION FOR HEALTH CARE SERVICES. (a)
2703	2709		The attorney general shall award compensation for health care
2704	2710		services according to the medical fee guidelines prescribed by
2705	2711		Subtitle A, Title 5, Labor Code.
2706	2712		(b) The attorney general, a claimant, or a victim is not
2707	2713		liable for health care service charges that exceed the medical fee
2708	2714		guidelines. A health care provider shall accept compensation from
2709	2715		the attorney general as payment in full for the charges unless an
2710	2716		investigation of the charges by the attorney general determines
2711	2717		that there is a reasonable health care justification for the
2712	2718		deviation from the guidelines.
2713	2719		(c) The attorney general may not compensate a claimant or
2714	2720		victim for health care services that the attorney general
2715	2721		determines are not medically necessary.
2716	2722		(d) The attorney general, a claimant, or a victim is not
2717	2723		liable for a charge that is not medically necessary. (Code Crim.
2718	2724		Proc., Arts. 56.34(c), (d), 56.385(b), (c).)
2719	2725		Art. 56B.105. COMPENSATION FOR CERTAIN CRIMINALLY
2720	2726		INJURIOUS CONDUCT PROHIBITED. (a) Except as provided by
2721	2727		Subsection (b), the attorney general may not award compensation for
2722	2728		pecuniary loss arising from criminally injurious conduct that
2723	2729		occurred before January 1, 1980.
2724	2730		(b) The attorney general may award compensation for
2725	2731		pecuniary loss arising from criminally injurious conduct that
2726	2732		occurred before January 1, 1980, if:
2727	2733		(1) the conduct was in violation of Chapter 19, Penal
2728	2734		Code;
2729	2735		(2) the identity of the victim is established by a law
2730	2736		enforcement agency on or after January 1, 2009; and
2731	2737		(3) the claimant files the application for
2732	2738		compensation within the limitations period provided by Article
2733	2739		56B.052(e). (Code Crim. Proc., Art. 56.61.)
2734	2740		Art. 56B.106. LIMITS ON COMPENSATION. (a) Except as
2735	2741		otherwise provided by this article, awards payable to a victim and
2736	2742		any other claimant sustaining pecuniary loss because of injury or
2737	2743		death of that victim may not exceed $50,000 in the aggregate.
2738	2744		(b) In addition to an award payable under Subsection (a),
2739	2745		the attorney general may award not more than $75,000 for
2740	2746		extraordinary pecuniary loss if the personal injury to a victim is
2741	2747		catastrophic and results in a total and permanent disability to the
2742	2748		victim. An award described by this subsection may be made for lost
2743	2749		wages and the reasonable and necessary costs of:
2744	2750		(1) making a home or motor vehicle accessible;
2745	2751		(2) obtaining job training and vocational
2746	2752		rehabilitation;
2747	2753		(3) training in the use of a special appliance;
2748	2754		(4) receiving home health care;
2749	2755		(5) durable medical equipment;
2750	2756		(6) rehabilitation technology; and
2751	2757		(7) long-term medical expenses incurred as a result of
2752	2758		medically indicated treatment for the personal injury.
2753	2759		(c) A victim who is a victim of stalking, family violence,
2754	2760		or trafficking of persons, or a victim of sexual assault who is
2755	2761		assaulted in the victim's place of residence, may receive a
2756	2762		one-time assistance payment in an amount not to exceed:
2757	2763		(1) $2,000 to be used for relocation expenses,
2758	2764		including expenses for rental deposit, utility connections,
2759	2765		expenses relating to moving belongings, motor vehicle mileage
2760	2766		expenses, and for an out-of-state move, transportation, lodging,
2761	2767		and meals; and
2762	2768		(2) $1,800 to be used for housing rental expenses.
2763	2769		(d) An immediate family member or household member of a
2764	2770		deceased victim may not receive more than $1,000 in lost wages as a
2765	2771		result of bereavement leave taken by the family or household
2766	2772		member.
2767	2773		(e) The attorney general by rule may establish a limitation
2768	2774		on any other pecuniary loss compensated under this chapter,
2769	2775		including a limitation on pecuniary loss incurred as a result of a
2770	2776		claimant's travel to and attendance of a deceased victim's funeral.
2771	2777		(Code Crim. Proc., Art. 56.42.)
2772	2778		Art. 56B.107. DENIAL OR REDUCTION OF AWARD. (a) The
2773	2779		attorney general may deny or reduce an award otherwise payable:
2774	2780		(1) if the claimant or victim has not substantially
2775	2781		cooperated with an appropriate law enforcement agency;
2776	2782		(2) if, as a result of the claimant's or victim's
2777	2783		behavior, the claimant or victim bears a share of the
2778	2784		responsibility for the act or omission giving rise to the claim;
2779	2785		(3) to the extent that pecuniary loss is recouped from
2780	2786		a collateral source; or
2781	2787		(4) if the claimant or victim was engaging in an
2782	2788		activity that at the time of the criminally injurious conduct was
2783	2789		prohibited by law, including a rule.
2784	2790		(b) Subsection (a)(4) does not apply to a claimant or victim
2785	2791		who seeks compensation for criminally injurious conduct that is:
2786	2792		(1) in violation of Section 20A.02(a)(7), Penal Code;
2787	2793		or
2788	2794		(2) trafficking of persons, other than an offense
2789	2795		described by Subdivision (1), if the activity the claimant or
2790	2796		victim engaged in was the result of force, fraud, or coercion.
2791	2797		(Code Crim. Proc., Art. 56.45.)
2792	2798		Art. 56B.108. RECONSIDERATION. (a) On the attorney
2793	2799		general's own motion or on request of a claimant or victim, the
2794	2800		attorney general may reconsider:
2795	2801		(1) a decision to make or deny an award; or
2796	2802		(2) the amount of an award.
2797	2803		(b) At least annually, the attorney general shall
2798	2804		reconsider each award being paid in installments.
2799	2805		(c) On reconsideration, the attorney general may order the
2800	2806		refund of an award if:
2801	2807		(1) the award was obtained by fraud or mistake; or
2802	2808		(2) newly discovered evidence shows the claimant or
2803	2809		victim to be ineligible for the award under Article 56B.057 or
2804	2810		56B.107. (Code Crim. Proc., Art. 56.47.)
2805	2811		SUBCHAPTER D. PAYMENT OF AWARD
2806	2812		Art. 56B.151. METHOD OF PAYMENT. The attorney general may
2807	2813		pay an award in a lump sum or in installments as provided by this
2808	2814		subchapter. (Code Crim. Proc., Art. 56.44(a) (part).)
2809	2815		Art. 56B.152. PAYMENT FOR PECUNIARY LOSS ACCRUED AT TIME OF
2810	2816		AWARD. The attorney general shall pay in a lump sum the part of an
2811	2817		award equal to the amount of pecuniary loss accrued to the date of
2812	2818		the award. (Code Crim. Proc., Art. 56.44(a) (part).)
2813	2819		Art. 56B.153. PAYMENT FOR PECUNIARY LOSS ACCRUED AFTER TIME
2814	2820		OF AWARD. (a) Except as provided by Subsection (b), the attorney
2815	2821		general shall pay in installments the part of an award for allowable
2816	2822		expenses that accrue after the award is made.
2817	2823		(b) At the request of the claimant or victim, the attorney
2818	2824		general may pay in a lump sum an award for future pecuniary loss if
2819	2825		the attorney general finds that:
2820	2826		(1) paying the award in a lump sum will promote the
2821	2827		interests of the claimant or victim; or
2822	2828		(2) the present value of all future pecuniary loss
2823	2829		does not exceed $1,000.
2824	2830		(c) The attorney general may not pay in installments an
2825	2831		award for future pecuniary loss for a period for which the attorney
2826	2832		general cannot reasonably determine the future pecuniary loss.
2827	2833		(Code Crim. Proc., Arts. 56.44(a) (part), (b), (c).)
2828	2834		Art. 56B.154. RECIPIENT OF PAYMENT. The attorney general
2829	2835		may make payments only to an individual who is a claimant or a
2830	2836		victim or to a provider on the individual's behalf. (Code Crim.
2831	2837		Proc., Art. 56.44(d).)
2832	2838		SUBCHAPTER E. GENERAL PROVISIONS RELATING TO PAYMENT
2833	2839		Art. 56B.201. ADJUSTMENT OF AWARDS AND PAYMENTS. (a) The
2834	2840		attorney general shall establish a policy to adjust awards and
2835	2841		payments so that the total amount of awards granted in each calendar
2836	2842		year does not exceed the amount of money credited to the
2837	2843		compensation to victims of crime fund during that year.
2838	2844		(b) On the establishment of a policy under Subsection (a),
2839	2845		the attorney general, the claimant, or the victim is not liable for
2840	2846		the amount of incurred charges exceeding the adjusted amount for
2841	2847		the service on which the adjusted payment is determined.
2842	2848		(c) A service provider who accepts a payment that has been
2843	2849		adjusted by a policy established under Subsection (a) agrees to
2844	2850		accept the adjusted payment as payment in full for the service and
2845	2851		is barred from legal action against the claimant or victim for
2846	2852		collection. (Code Crim. Proc., Arts. 56.34(e), 56.58.)
2847	2853		Art. 56B.202. SUBROGATION. If compensation is awarded
2848	2854		under this chapter, the state is subrogated to all the claimant's or
2849	2855		victim's rights to receive or recover benefits for pecuniary loss
2850	2856		to the extent compensation is awarded from a collateral source.
2851	2857		(Code Crim. Proc., Art. 56.51.)
2852	2858		Art. 56B.203. AWARD NOT SUBJECT TO EXECUTION. (a) Except
2853	2859		as provided by Subsection (b), an award is not subject to execution,
2854	2860		attachment, garnishment, or other process.
2855	2861		(b) An award is not exempt from a claim of a creditor to the
2856	2862		extent that the creditor provided a product, service, or
2857	2863		accommodation, the cost of which is included in the award. (Code
2858	2864		Crim. Proc., Art. 56.49(a).)
2859	2865		Art. 56B.204. ASSIGNMENT OF BENEFITS FOR LOSS ACCRUING IN
2860	2866		FUTURE. (a) Except as provided by Subsections (b) and (c), an
2861	2867		assignment of or agreement to assign a right to benefits for loss
2862	2868		accruing in the future is unenforceable.
2863	2869		(b) An assignment of a right to benefits for loss of
2864	2870		earnings is enforceable to secure payment of alimony, maintenance,
2865	2871		or child support.
2866	2872		(c) An assignment of a right to benefits is enforceable to
2867	2873		the extent that the benefits are for the cost of a product, service,
2868	2874		or accommodation:
2869	2875		(1) made necessary by the injury or death on which the
2870	2876		claim is based; and
2871	2877		(2) provided or to be provided by the assignee. (Code
2872	2878		Crim. Proc., Art. 56.49(b).)
2873	2879		SUBCHAPTER F. PAYMENTS FOR CERTAIN DISABLED PEACE OFFICERS
2874	2880		Art. 56B.251. DEFINITION. In this subchapter, "peace
2875	2881		officer" means an individual elected, appointed, or employed to
2876	2882		serve as a peace officer for a governmental entity under Article
2877	2883		2.12 or other law. The term includes a former peace officer who is
2878	2884		entitled to receive payments under this subchapter because of an
2879	2885		injury suffered while performing duties as a peace officer. (Code
2880	2886		Crim. Proc., Art. 56.542(a).)
2881	2887		Art. 56B.252. APPLICABILITY. This subchapter applies only
2882	2888		to a peace officer who is employed by this state or a local
2883	2889		governmental entity in this state and who sustains an injury in the
2884	2890		performance of the officer's duties as a peace officer as a result
2885	2891		of criminally injurious conduct on or after September 1, 1989.
2886	2892		(Code Crim. Proc., Art. 56.542(b) (part).)
2887	2893		Art. 56B.253. PAYMENT ENTITLEMENT. A peace officer to whom
2888	2894		this subchapter applies is entitled to an annual payment in the
2889	2895		amount described by Article 56B.254 if the officer presents
2890	2896		evidence satisfactory to the attorney general that:
2891	2897		(1) the officer's condition is a total disability
2892	2898		resulting in permanent incapacity for work; and
2893	2899		(2) the total disability has persisted for more than
2894	2900		12 months. (Code Crim. Proc., Art. 56.542(b) (part).)
2895	2901		Art. 56B.254. AMOUNT OF PAYMENT. The amount of an annual
2896	2902		payment under this subchapter is equal to the difference between:
2897	2903		(1) any amount received by the peace officer for the
2898	2904		injury or disability from another source of income, including
2899	2905		settlements related to the injury or disability, insurance
2900	2906		benefits, federal disability benefits, workers' compensation
2901	2907		benefits, and benefits from another governmental entity, if those
2902	2908		amounts do not exceed the amount described by Subdivision (2); and
2903	2909		(2) an amount equal to the officer's average annual
2904	2910		salary during the officer's final three years as a peace officer.
2905	2911		(Code Crim. Proc., Art. 56.542(b) (part).)
2906	2912		Art. 56B.255. METHOD OF PAYMENT. A peace officer who is
2907	2913		entitled to an annual payment under Article 56B.253 may elect to
2908	2914		receive the payment in:
2909	2915		(1) a single payment paid each year; or
2910	2916		(2) equal monthly installments. (Code Crim. Proc.,
2911	2917		Art. 56.542(l).)
2912	2918		Art. 56B.256. COST-OF-LIVING ADJUSTMENT. (a) The amount
2913	2919		of a payment under Article 56B.254 is subject to an annual
2914	2920		cost-of-living adjustment calculated by the attorney general.
2915	2921		(b) The attorney general shall calculate the amount of the
2916	2922		cost-of-living adjustment by multiplying the amount of the annual
2917	2923		payment received by the peace officer under this subchapter during
2918	2924		the preceding year by the percentage by which the Consumer Price
2919	2925		Index for All Urban Consumers published by the Bureau of Labor
2920	2926		Statistics of the United States Department of Labor, or its
2921	2927		successor index, increased during the preceding calendar year.
2922	2928		(Code Crim. Proc., Art. 56.542(c).)
2923	2929		Art. 56B.257. CALCULATION OF INITIAL PAYMENT. The attorney
2924	2930		general shall calculate the amount of an initial payment based on an
2925	2931		injury suffered after September 1, 1989, by:
2926	2932		(1) calculating the amount to which the peace officer
2927	2933		is entitled under Article 56B.254; and
2928	2934		(2) adding to that amount the cumulative successive
2929	2935		cost-of-living adjustments for the intervening years calculated
2930	2936		from the date of the injury. (Code Crim. Proc., Art. 56.542(d).)
2931	2937		Art. 56B.258. PROOF REQUIRED FOR PAYMENT. To receive a
2932	2938		payment under this subchapter, a peace officer must provide to the
2933	2939		attorney general:
2934	2940		(1) proof that the injury:
2935	2941		(A) was sustained in the performance of the
2936	2942		applicant's duties as a peace officer; and
2937	2943		(B) is a total disability resulting in permanent
2938	2944		incapacity for work; and
2939	2945		(2) any other information or evidence the attorney
2940	2946		general requires. (Code Crim. Proc., Art. 56.542(e).)
2941	2947		Art. 56B.259. HEARING. The attorney general may approve
2942	2948		the application without a hearing or may conduct a hearing under
2943	2949		Article 56B.056. (Code Crim. Proc., Art. 56.542(f) (part).)
2944	2950		Art. 56B.260. JUDICIAL REVIEW. The decision of the
2945	2951		attorney general is subject to judicial review under Subchapter H.
2946	2952		(Code Crim. Proc., Art. 56.542(f) (part).)
2947	2953		Art. 56B.261. PERIODIC REVIEW. The attorney general may
2948	2954		appoint a panel of physicians to periodically review each
2949	2955		application for assistance under this subchapter to ensure the
2950	2956		validity of the application and the necessity of continued
2951	2957		assistance to the peace officer. (Code Crim. Proc., Art.
2952	2958		56.542(g).)
2953	2959		Art. 56B.262. ISSUANCE OF WARRANT FOR PAYMENT. (a) The
2954	2960		attorney general shall notify the comptroller of the attorney
2955	2961		general's determination that a claim under this subchapter is valid
2956	2962		and justifies payment. On receipt of the notice, the comptroller
2957	2963		shall issue a warrant to or on behalf of the peace officer in the
2958	2964		proper amount from amounts in the compensation to victims of crime
2959	2965		fund. A payment under this subchapter to or on behalf of a peace
2960	2966		officer is payable as soon as possible after the attorney general
2961	2967		notifies the comptroller.
2962	2968		(b) The attorney general and the comptroller by rule shall
2963	2969		adopt a memorandum of understanding to establish procedures under
2964	2970		which annual payments continue to a peace officer until continued
2965	2971		assistance is no longer necessary. (Code Crim. Proc., Arts.
2966	2972		56.542(h), (i).)
2967	2973		Art. 56B.263. LIMITS ON COMPENSATION. The total aggregate
2968	2974		amount of all annual payments made to an individual peace officer
2969	2975		under this subchapter may not exceed $200,000. The limits on
2970	2976		compensation imposed by Article 56B.106 do not apply to payments
2971	2977		made under this subchapter. (Code Crim. Proc., Art. 56.542(k).)
2972	2978		Art. 56B.264. APPLICATION OF OTHER LAW. (a) Article
2973	2979		56B.052 does not apply to the filing of an application under this
2974	2980		subchapter.
2975	2981		(b) Other provisions of this chapter apply to this
2976	2982		subchapter to the extent applicable and consistent with this
2977	2983		subchapter. (Code Crim. Proc., Art. 56.542(j).)
2978	2984		SUBCHAPTER G. ATTORNEY'S FEES
2979	2985		Art. 56B.301. AWARD OF ATTORNEY'S FEES. (a) As part of an
2980	2986		order, the attorney general shall determine and award reasonable
2981	2987		attorney's fees commensurate with legal services rendered, to be
2982	2988		paid by the state to the attorney representing the claimant or
2983	2989		victim.
2984	2990		(b) Attorney's fees may be denied on a finding that the
2985	2991		claim or appeal is frivolous.
2986	2992		(c) An award of attorney's fees is in addition to an award of
2987	2993		compensation.
2988	2994		(d) Attorney's fees may not be paid to an attorney of a
2989	2995		claimant or victim unless an award is made to the claimant or
2990	2996		victim. (Code Crim. Proc., Arts. 56.43(a) (part), (b), (c), (e).)
2991	2997		Art. 56B.302. AMOUNT OF ATTORNEY'S FEES. (a) Attorney's
2992	2998		fees may not exceed 25 percent of the amount of the award the
2993	2999		attorney assisted the claimant or victim in obtaining.
2994	3000		(b) If there is no dispute of the attorney general's
2995	3001		determination of the amount due to the claimant or victim and a
2996	3002		hearing is not held, the attorney's fee shall be the lesser of:
2997	3003		(1) 25 percent of the amount the attorney assisted the
2998	3004		claimant or victim in obtaining; or
2999	3005		(2) $300.
3000	3006		(c) An attorney may not contract for or receive an amount
3001	3007		that exceeds the amount allowed under this article. (Code Crim.
3002	3008		Proc., Arts. 56.43(a) (part), (d).)
3003	3009		SUBCHAPTER H. JUDICIAL REVIEW
3004	3010		Art. 56B.351. NOTICE OF DISSATISFACTION. Not later than
3005	3011		the 40th day after the date the attorney general renders a final
3006	3012		decision, a claimant or victim may file with the attorney general a
3007	3013		notice of dissatisfaction with the decision. (Code Crim. Proc.,
3008	3014		Art. 56.48(a) (part).)
3009	3015		Art. 56B.352. SUIT; VENUE. Not later than the 40th day
3010	3016		after the date the claimant or victim gives notice of
3011	3017		dissatisfaction under Article 56B.351, the claimant or victim must
3012	3018		bring suit in:
3013	3019		(1) the district court having jurisdiction in the
3014	3020		county in which:
3015	3021		(A) the injury or death occurred; or
3016	3022		(B) the victim resided at the time of the injury
3017	3023		or death; or
3018	3024		(2) if the victim resided out of state at the time of
3019	3025		the injury or death:
3020	3026		(A) the district court having jurisdiction in the
3021	3027		county in which the injury or death occurred; or
3022	3028		(B) a district court in Travis County. (Code
3023	3029		Crim. Proc., Art. 56.48(a) (part).)
3024	3030		Art. 56B.353. RESTRICTIONS ON ATTORNEY GENERAL DURING
3025	3031		JUDICIAL REVIEW. While judicial review of a decision by the
3026	3032		attorney general is pending, the attorney general:
3027	3033		(1) shall suspend payments to the claimant or victim;
3028	3034		and
3029	3035		(2) may not reconsider the award. (Code Crim. Proc.,
3030	3036		Art. 56.48(b).)
3031	3037		Art. 56B.354. STANDARD OF REVIEW. The court shall
3032	3038		determine the issues by trial de novo. (Code Crim. Proc., Art.
3033	3039		56.48(c) (part).)
3034	3040		Art. 56B.355. BURDEN OF PROOF. The burden of proof is on
3035	3041		the claimant or victim filing the notice of dissatisfaction. (Code
3036	3042		Crim. Proc., Art. 56.48(c) (part).)
3037	3043		Art. 56B.356. ATTORNEY'S FEES. In the event of judicial
3038	3044		review, a court may award as attorney's fees an amount not to exceed
3039	3045		25 percent of the total recovery by the claimant or victim. (Code
3040	3046		Crim. Proc., Art. 56.48(d).)
3041	3047		Art. 56B.357. CALCULATION OF TIME. In calculating a period
3042	3048		under Article 56B.351 or 56B.352, if the last day is a legal holiday
3043	3049		or Sunday, the last day is not counted, and the time is extended to
3044	3050		include the next business day. (Code Crim. Proc., Art. 56.48(e).)
3045	3051		SUBCHAPTER I. PRIVATE ACTION
3046	3052		Art. 56B.401. NOTICE OF PROPOSED PRIVATE ACTION. Before a
3047	3053		claimant or victim may bring an action to recover damages related to
3048	3054		criminally injurious conduct for which compensation under this
3049	3055		chapter is claimed or awarded, the claimant or victim must give the
3050	3056		attorney general written notice of the proposed action. (Code
3051	3057		Crim. Proc., Art. 56.52(a) (part).)
3052	3058		Art. 56B.402. RECEIPT OF NOTICE. After receiving notice
3053	3059		under Article 56B.401, the attorney general shall promptly:
3054	3060		(1) join in the action as a party plaintiff to recover
3055	3061		benefits awarded;
3056	3062		(2) require the claimant or victim to bring the action
3057	3063		in the claimant's or victim's name as a trustee on behalf of the
3058	3064		state to recover benefits awarded; or
3059	3065		(3) reserve the attorney general's rights and take
3060	3066		neither action described by Subdivision (1) or (2). (Code Crim.
3061	3067		Proc., Art. 56.52(a) (part).)
3062	3068		Art. 56B.403. DEDUCTION FOR REASONABLE EXPENSES. (a) A
3063	3069		claimant or victim who brings an action as a trustee as described by
3064	3070		Article 56B.402(2) and recovers compensation awarded by the
3065	3071		attorney general may deduct from the benefits recovered on behalf
3066	3072		of the state the reasonable expenses of the suit, including
3067	3073		attorney's fees, expended in pursuing the recovery for the state.
3068	3074		(b) The claimant or victim must justify a deduction under
3069	3075		Subsection (a) to the attorney general in writing on a form provided
3070	3076		by the attorney general. (Code Crim. Proc., Art. 56.52(b).)
3071	3077		Art. 56B.404. LIMITATIONS ON RESOLUTION OF ACTION. (a) A
3072	3078		claimant or victim may not settle or otherwise resolve any such
3073	3079		action without the attorney general's written authorization.
3074	3080		(b) A third party or agent, insurer, or attorney of a third
3075	3081		party may not participate in the settlement or other resolution of
3076	3082		such an action if the third party, agent, insurer, or attorney
3077	3083		actually knows, or should know, that the claimant or victim has
3078	3084		received money from the compensation to victims of crime fund and is
3079	3085		subject to the subrogation provisions of this subchapter.
3080	3086		(c) Any attempt by a third party or agent, insurer, or
3081	3087		attorney of a third party to settle an action is void and does not
3082	3088		result in a release from liability to the compensation to victims of
3083	3089		crime fund for any rights subrogated under this subchapter.
3084	3090		(d) An agent, insurer, or attorney described by this article
3085	3091		is personally liable to the compensation to victims of crime fund
3086	3092		for any money paid to a claimant or victim in violation of this
3087	3093		article, in an amount not to exceed the full amount of the fund's
3088	3094		right to reimbursement. (Code Crim. Proc., Art. 56.52(c) (part).)
3089	3095		Art. 56B.405. CRIMINAL PENALTY. (a) A claimant, victim, or
3090	3096		third party, or an agent, insurer, or attorney of a third party,
3091	3097		commits an offense if the person knowingly fails to comply with the
3092	3098		requirements of this chapter, Chapter 56A, or Subchapter B, Chapter
3093	3099		58.
3094	3100		(b) An offense under Subsection (a) is a Class B
3095	3101		misdemeanor, except that any fine imposed may not exceed $500.
3096	3102		(Code Crim. Proc., Arts. 56.52(c) (part), (d).)
3097	3103		SUBCHAPTER J. FUNDS
3098	3104		Art. 56B.451. DEFINITION. In this subchapter, "fund" means
3099	3105		the compensation to victims of crime fund. (New.)
3100	3106		Art. 56B.452. ESTABLISHMENT. (a) The compensation to
3101	3107		victims of crime fund is in the state treasury.
3102	3108		(b) Section 403.095, Government Code, does not apply to the
3103	3109		fund. (Code Crim. Proc., Arts. 56.54(a), (g) (part).)
3104	3110		Art. 56B.453. USE OF MONEY. (a) Money in the fund may be
3105	3111		used only as provided by this chapter and is not available for any
3106	3112		other purpose.
3107	3113		(b) Except as provided by Subsection (d) and Articles
3108	3114		56B.455, 56B.458, 56B.459, and 56B.460, the fund may be used only by
3109	3115		the attorney general to pay compensation to claimants or victims
3110	3116		under this chapter.
3111	3117		(c) For purposes of Subsection (b), compensation to
3112	3118		claimants or victims includes money allocated from the fund to the
3113	3119		Crime Victims' Institute created by Section 96.65, Education Code,
3114	3120		for the operation of the institute and for other expenses in
3115	3121		administering this chapter. The institute shall use money
3116	3122		allocated from the fund only for the purposes of Sections 96.65,
3117	3123		96.651, and 96.652, Education Code.
3118	3124		(d) The attorney general may use the fund to:
3119	3125		(1) reimburse a law enforcement agency for the
3120	3126		reasonable costs of a forensic medical examination that are
3121	3127		incurred by the agency under Subchapter F or G, Chapter 56A; and
3122	3128		(2) make a payment to or on behalf of an individual for
3123	3129		the reasonable costs incurred for medical care provided under
3124	3130		Subchapter F or G, Chapter 56A, in accordance with Section 323.004,
3125	3131		Health and Safety Code. (Code Crim. Proc., Arts. 56.54(b), (g)
3126	3132		(part), (k).)
3127	3133		Art. 56B.454. LIMITATIONS ON PAYMENTS. (a) The attorney
3128	3134		general may not make compensation payments that exceed the amount
3129	3135		of money available in the fund.
3130	3136		(b) General revenue funds may not be used for payments under
3131	3137		this chapter. (Code Crim. Proc., Arts. 56.54(d), (e).)
3132	3138		Art. 56B.455. AMOUNT CARRIED FORWARD. An amount of money
3133	3139		deposited to the credit of the fund not to exceed one-quarter of the
3134	3140		amount disbursed from that fund in the form of compensation
3135	3141		payments during a state fiscal year shall be carried forward into
3136	3142		the next succeeding state fiscal year and applied toward the amount
3137	3143		listed in that fiscal year's method of financing. (Code Crim.
3138	3144		Proc., Art. 56.54(h).)
3139	3145		Art. 56B.456. TRANSFER OF MONEY FROM AUXILIARY FUND. (a)
3140	3146		Not later than September 15 of each year, the attorney general,
3141	3147		after consulting with the comptroller, shall certify the amount of
3142	3148		money remaining in the compensation to victims of crime auxiliary
3143	3149		fund at the end of the preceding state fiscal year.
3144	3150		(b) If the amount remaining in the compensation to victims
3145	3151		of crime auxiliary fund as certified under Subsection (a) exceeds
3146	3152		$5 million, as soon as practicable after the date of certification,
3147	3153		the attorney general may transfer to the fund an amount that is not
3148	3154		more than 50 percent of the excess amount in the auxiliary fund.
3149	3155		Money transferred under this subsection may be used only to make
3150	3156		compensation payments during the state fiscal year in which the
3151	3157		amount is transferred. (Code Crim. Proc., Art. 56.54(m).)
3152	3158		Art. 56B.457. GIFTS, GRANTS, AND DONATIONS. (a) The
3153	3159		attorney general may accept gifts, grants, and donations to be
3154	3160		credited to the fund.
3155	3161		(b) The attorney general shall file annually with the
3156	3162		governor and the presiding officer of each house of the legislature
3157	3163		a complete and detailed written report accounting for all gifts,
3158	3164		grants, and donations received and disbursed, used, or maintained
3159	3165		by the attorney general that are credited to the fund. (Code Crim.
3160	3166		Proc., Art. 56.54(f).)
3161	3167		Art. 56B.458. EMERGENCY RESERVE. (a) If the amount
3162	3168		available in the fund is sufficient in a state fiscal year to make
3163	3169		all compensation payments, the attorney general may retain any
3164	3170		portion of the fund that was deposited during the fiscal year that
3165	3171		exceeded compensation payments made during that fiscal year as an
3166	3172		emergency reserve for the next fiscal year. The emergency reserve
3167	3173		may not exceed $10,000,000.
3168	3174		(b) The emergency reserve may be used only:
3169	3175		(1) to make compensation awards in claims; and
3170	3176		(2) to provide emergency relief and assistance,
3171	3177		including crisis intervention, emergency housing, travel, food, or
3172	3178		expenses and technical assistance expenses incurred in
3173	3179		implementing this article in incidents resulting from an act of
3174	3180		mass violence or from an act of international terrorism as defined
3175	3181		by 18 U.S.C. Section 2331, occurring in this state or for Texas
3176	3182		residents injured or killed in an act of terrorism outside of the
3177	3183		United States. (Code Crim. Proc., Art. 56.54(i).)
3178	3184		Art. 56B.459. APPROPRIATION FOR ASSOCIATE JUDGE PROGRAM.
3179	3185		The legislature may appropriate money in the fund to administer the
3180	3186		associate judge program under Subchapter C, Chapter 201, Family
3181	3187		Code. (Code Crim. Proc., Art. 56.54(j).)
3182	3188		Art. 56B.460. APPROPRIATION FOR OTHER CRIME VICTIM
3183	3189		ASSISTANCE. (a) Not later than December 15 of each even-numbered
3184	3190		year, the attorney general, after consulting with the comptroller,
3185	3191		shall prepare forecasts and certify estimates of:
3186	3192		(1) the amount of money in the fund that the attorney
3187	3193		general anticipates will remain unexpended at the end of the
3188	3194		current state fiscal year and that is available for appropriation
3189	3195		in the next state fiscal biennium;
3190	3196		(2) the amount of money that the attorney general
3191	3197		anticipates will be received from deposits made to the credit of the
3192	3198		fund during the next state fiscal biennium, other than deposits of:
3193	3199		(A) gifts, grants, and donations; and
3194	3200		(B) money received from the United States; and
3195	3201		(3) the amount of money from the fund that the attorney
3196	3202		general anticipates will be obligated during the next state fiscal
3197	3203		biennium to comply with this chapter, Chapter 56A, and Subchapter
3198	3204		B, Chapter 58.
3199	3205		(b) At the time the attorney general certifies the estimates
3200	3206		made under Subsection (a), the attorney general shall also certify
3201	3207		for the next state fiscal biennium the amount of excess money in the
3202	3208		fund available for the purposes of Subsection (c), calculated by
3203	3209		multiplying the amount estimated under Subsection (a)(3) by 105
3204	3210		percent and subtracting that product from the sum of the amounts
3205	3211		estimated under Subsections (a)(1) and (2).
3206	3212		(c) For a state fiscal biennium, the legislature may
3207	3213		appropriate from the fund the amount of excess money in the fund
3208	3214		certified for the biennium under Subsection (b) to state agencies
3209	3215		that deliver or fund victim-related services or assistance.
3210	3216		(d) The attorney general and the comptroller shall
3211	3217		cooperate in determining the proper allocation of the various
3212	3218		sources of revenue deposited to the credit of the fund for purposes
3213	3219		of this article.
3214	3220		(e) The attorney general may use money appropriated from the
3215	3221		fund for grants or contracts supporting victim-related services or
3216	3222		assistance, including support for private Texas nonprofit
3217	3223		corporations that provide victim-related civil legal services
3218	3224		directly to victims, immediate family members of victims, or
3219	3225		claimants. A grant supporting victim-related services or
3220	3226		assistance is governed by Chapter 783, Government Code.
3221	3227		(f) The attorney general shall adopt rules necessary to
3222	3228		implement this article. (Code Crim. Proc., Art. 56.541.)
3223	3229		Art. 56B.461. USE OF AUXILIARY FUND. As appropriated by the
3224	3230		legislature, the attorney general may use the compensation to
3225	3231		victims of crime auxiliary fund to cover costs incurred by the
3226	3232		attorney general in administering the address confidentiality
3227	3233		program established under Subchapter B, Chapter 58. (Code Crim.
3228	3234		Proc., Art. 56.54(l).)
3229	3235		Art. 56B.462. PAYERS OF LAST RESORT. The fund and the
3230	3236		compensation to victims of crime auxiliary fund are the payers of
3231	3237		last resort. (Code Crim. Proc., Art. 56.34(f).)
3232	3238		SUBCHAPTER K. ADMINISTRATIVE PENALTY
3233	3239		Art. 56B.501. CONDUCT SUBJECT TO PENALTY; AMOUNT OF
3234	3240		PENALTY. (a) A person who presents to the attorney general, or
3235	3241		engages in conduct that results in the presentation to the attorney
3236	3242		general of, an application for compensation under this chapter that
3237	3243		contains a statement or representation the person knows to be false
3238	3244		is liable to the attorney general for:
3239	3245		(1) the amount paid in reliance on the application,
3240	3246		plus interest on that amount determined at the rate provided by law
3241	3247		for legal judgments and accruing from the date on which the payment
3242	3248		was made;
3243	3249		(2) payment of an administrative penalty in an amount
3244	3250		not to exceed twice the amount paid as a result of the false
3245	3251		application for benefits or claim for pecuniary loss; and
3246	3252		(3) payment of an administrative penalty in an amount
3247	3253		not to exceed $10,000 for each item or service for which payment was
3248	3254		claimed.
3249	3255		(b) In determining the amount of the penalty to be assessed
3250	3256		under Subsection (a)(3), the attorney general shall consider:
3251	3257		(1) the seriousness of the violation;
3252	3258		(2) whether the person has previously submitted a
3253	3259		false application for benefits or a claim for pecuniary loss; and
3254	3260		(3) the amount necessary to deter the person from
3255	3261		submitting future false applications for benefits or claims for
3256	3262		pecuniary loss. (Code Crim. Proc., Arts. 56.64(a), (b).)
3257	3263		Art. 56B.502. REPORT AND NOTICE OF VIOLATION AND PENALTY.
3258	3264		(a) On determining that a violation has occurred, the attorney
3259	3265		general may issue a report stating:
3260	3266		(1) the facts on which the determination is made; and
3261	3267		(2) the attorney general's recommendation on the
3262	3268		imposition of an administrative penalty, including a
3263	3269		recommendation on the amount of the penalty.
3264	3270		(b) The attorney general shall give written notice of the
3265	3271		report to the person described by Article 56B.501. The notice may
3266	3272		be given by certified mail and must:
3267	3273		(1) include a brief summary of the alleged violation;
3268	3274		(2) state the amount of the recommended penalty; and
3269	3275		(3) inform the person of the right to a hearing on the
3270	3276		occurrence of the violation, the amount of the penalty, or both.
3271	3277		(Code Crim. Proc., Arts. 56.64(c), (d).)
3272	3278		Art. 56B.503. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
3273	3279		Not later than the 20th day after the date the person receives the
3274	3280		notice, the person in writing may:
3275	3281		(1) accept the attorney general's determination and
3276	3282		recommended administrative penalty; or
3277	3283		(2) request a hearing on the occurrence of the
3278	3284		violation, the amount of the penalty, or both.
3279	3285		(b) If the person accepts the attorney general's
3280	3286		determination and recommended penalty, the attorney general by
3281	3287		order shall approve the determination and impose the recommended
3282	3288		penalty. (Code Crim. Proc., Arts. 56.64(e), (f).)
3283	3289		Art. 56B.504. HEARING. (a) If the person requests a
3284	3290		hearing as provided by Article 56B.503(a) or fails to respond to the
3285	3291		notice in a timely manner, the attorney general shall set a
3286	3292		contested case hearing under Chapter 2001, Government Code, and
3287	3293		notify the person of the hearing.
3288	3294		(b) The administrative law judge shall make findings of fact
3289	3295		and conclusions of law and promptly issue to the attorney general a
3290	3296		proposal for a decision regarding the occurrence of the violation
3291	3297		and the amount of a proposed administrative penalty. (Code Crim.
3292	3298		Proc., Art. 56.64(g) (part).)
3293	3299		Art. 56B.505. DECISION BY ATTORNEY GENERAL. (a) Based on
3294	3300		the findings of fact, conclusions of law, and proposal for a
3295	3301		decision, the attorney general by order may find that:
3296	3302		(1) a violation occurred and impose an administrative
3297	3303		penalty; or
3298	3304		(2) a violation did not occur.
3299	3305		(b) Notice of the attorney general's order given to the
3300	3306		person under Chapter 2001, Government Code, must include a
3301	3307		statement of the person's right to judicial review of the order.
3302	3308		(Code Crim. Proc., Arts. 56.64(g) (part), (h).)
3303	3309		Art. 56B.506. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
3304	3310		(a) Not later than the 30th day after the date the attorney
3305	3311		general's order becomes final under Section 2001.144, Government
3306	3312		Code, the person shall:
3307	3313		(1) pay the administrative penalty;
3308	3314		(2) pay the penalty and file a petition for judicial
3309	3315		review contesting the occurrence of the violation, the amount of
3310	3316		the penalty, or both; or
3311	3317		(3) without paying the penalty, file a petition for
3312	3318		judicial review contesting the occurrence of the violation, the
3313	3319		amount of the penalty, or both.
3314	3320		(b) Within the 30-day period, a person who acts under
3315	3321		Subsection (a)(3) may:
3316	3322		(1) stay enforcement of the penalty by:
3317	3323		(A) paying the penalty to the court for placement
3318	3324		in an escrow account; or
3319	3325		(B) giving to the court a supersedeas bond that
3320	3326		is approved by the court and that is:
3321	3327		(i) for the amount of the penalty; and
3322	3328		(ii) effective until judicial review of the
3323	3329		attorney general's order is final; or
3324	3330		(2) request the court to stay enforcement of the
3325	3331		penalty by:
3326	3332		(A) filing with the court a sworn affidavit of
3327	3333		the person stating that the person is financially unable to pay the
3328	3334		penalty or give the supersedeas bond; and
3329	3335		(B) delivering a copy of the affidavit to the
3330	3336		attorney general by certified mail.
3331	3337		(c) On receipt by the attorney general of a copy of an
3332	3338		affidavit under Subsection (b)(2), the attorney general may file
3333	3339		with the court a contest to the affidavit not later than the fifth
3334	3340		day after the date the copy is received.
3335	3341		(d) The court shall hold a hearing on the facts alleged in
3336	3342		the affidavit as soon as practicable and shall stay the enforcement
3337	3343		of the penalty on finding that the alleged facts are true. A person
3338	3344		who files an affidavit under Subsection (b)(2) has the burden of
3339	3345		proving that the person is financially unable to pay the penalty or
3340	3346		give a supersedeas bond. (Code Crim. Proc., Arts. 56.64(i), (j),
3341	3347		(k).)
3342	3348		Art. 56B.507. COLLECTION OF PENALTY. If the person does not
3343	3349		pay the administrative penalty and the enforcement of the penalty
3344	3350		is not stayed, the attorney general may file suit to collect the
3345	3351		penalty. (Code Crim. Proc., Art. 56.64(l).)
3346	3352		Art. 56B.508. DECISION BY COURT. (a) If the court sustains
3347	3353		the finding that a violation occurred, the court may order the
3348	3354		person to pay the full or a reduced administrative penalty.
3349	3355		(b) If the court does not sustain the finding that a
3350	3356		violation occurred, the court shall order that a penalty is not
3351	3357		owed. (Code Crim. Proc., Art. 56.64(n).)
3352	3358		Art. 56B.509. REMITTANCE OF PENALTY AND INTEREST. (a) If
3353	3359		the person paid the administrative penalty and the amount is
3354	3360		reduced or is not upheld by the court, the court shall order that
3355	3361		the appropriate amount plus accrued interest be remitted to the
3356	3362		person.
3357	3363		(b) The interest accrues at the rate charged on loans to
3358	3364		depository institutions by the New York Federal Reserve Bank. The
3359	3365		interest shall be paid for the period beginning on the date the
3360	3366		penalty was paid and ending on the date the penalty is remitted.
3361	3367		(Code Crim. Proc., Art. 56.64(o) (part).)
3362	3368		Art. 56B.510. RELEASE OF BOND. (a) If the person gave a
3363	3369		supersedeas bond and the administrative penalty is not upheld by
3364	3370		the court, the court shall order the release of the bond.
3365	3371		(b) If the person gave a supersedeas bond and the amount of
3366	3372		the penalty is reduced, the court shall order the release of the
3367	3373		bond after the person pays the amount. (Code Crim. Proc., Art.
3368	3374		56.64(o) (part).)
3369	3375		Art. 56B.511. DISPOSITION OF PENALTY. An administrative
3370	3376		penalty collected under this subchapter shall be sent to the
3371	3377		comptroller and deposited to the credit of the compensation to
3372	3378		victims of crime fund. (Code Crim. Proc., Art. 56.64(p).)
3373	3379		Art. 56B.512. RECOVERY OF EXPENSES. In addition to the
3374	3380		administrative penalty authorized by this subchapter, the attorney
3375	3381		general may recover all expenses incurred by the attorney general
3376	3382		in the investigation, institution, and prosecution of the suit,
3377	3383		including investigative costs, witness fees, attorney's fees, and
3378	3384		deposition expenses. (Code Crim. Proc., Art. 56.64(r).)
3379	3385		Art. 56B.513. ADMINISTRATIVE PROCEDURE. A proceeding under
3380	3386		this subchapter is subject to Chapter 2001, Government Code. (Code
3381	3387		Crim. Proc., Art. 56.64(q).)
3382	3388		SUBCHAPTER L. OTHER PENALTIES AND SANCTIONS
3383	3389		Art. 56B.551. LETTER OF REPRIMAND. (a) The attorney
3384	3390		general may issue a letter of reprimand against an individual who
3385	3391		the attorney general finds has filed or has caused to be filed under
3386	3392		this chapter an application for benefits or claim for pecuniary
3387	3393		loss that contains a statement or representation that the
3388	3394		individual knows is false.
3389	3395		(b) The attorney general must give the individual notice of
3390	3396		the proposed action before issuing the letter.
3391	3397		(c) An individual may challenge the denial of compensation
3392	3398		and the issuance of a letter of reprimand in a contested case
3393	3399		hearing under Chapter 2001, Government Code.
3394	3400		(d) A letter of reprimand issued under this article is
3395	3401		public information. (Code Crim. Proc., Art. 56.62.)
3396	3402		Art. 56B.552. CIVIL PENALTY. (a) A person is subject to a
3397	3403		civil penalty of not less than $2,500 or more than $25,000 for each
3398	3404		application for compensation that:
3399	3405		(1) is filed under this chapter by the person or as a
3400	3406		result of the person's conduct; and
3401	3407		(2) contains a material statement or representation
3402	3408		that the person knows is false.
3403	3409		(b) The attorney general shall institute and conduct a suit
3404	3410		to collect on behalf of the state the civil penalty authorized by
3405	3411		this article.
3406	3412		(c) A civil penalty recovered under this article shall be
3407	3413		deposited to the credit of the compensation to victims of crime
3408	3414		fund.
3409	3415		(d) The civil penalty authorized by this article is in
3410	3416		addition to any other civil, administrative, or criminal penalty
3411	3417		provided by law.
3412	3418		(e) In addition to the civil penalty authorized by this
3413	3419		article, the attorney general may recover expenses incurred by the
3414	3420		attorney general in the investigation, institution, and
3415	3421		prosecution of the suit, including investigative costs, witness
3416	3422		fees, attorney's fees, and deposition expenses. (Code Crim. Proc.,
3417	3423		Art. 56.63.)
3418	3424		SECTION 1.07. Title 1, Code of Criminal Procedure, is amended by adding Chapter 58 to read as follows:
3419	3425		CHAPTER 58. CONFIDENTIALITY OF IDENTIFYING INFORMATION AND MEDICAL
3420	3426		RECORDS OF CERTAIN CRIME VICTIMS
3421	3427		SUBCHAPTER A. GENERAL PROVISIONS
3422	3428		Art. 58.001. GENERAL DEFINITIONS
3423	3429		SUBCHAPTER B. ADDRESS CONFIDENTIALITY PROGRAM FOR CERTAIN CRIME
3424	3430		VICTIMS
3425	3431		Art. 58.051. DEFINITIONS
3426	3432		Art. 58.052. ADDRESS CONFIDENTIALITY PROGRAM
3427	3433		Art. 58.053. AGENCY ACCEPTANCE OF SUBSTITUTE ADDRESS
3428	3434		REQUIRED; EXEMPTIONS
3429	3435		Art. 58.054. ELIGIBILITY
3430	3436		Art. 58.055. APPLICATION
3431	3437		Art. 58.056. APPLICATION AND ELIGIBILITY RULES AND
3432	3438		PROCEDURES
3433	3439		Art. 58.057. FALSE STATEMENT ON APPLICATION
3434	3440		Art. 58.058. EXCLUSION FROM PARTICIPATION IN PROGRAM;
3435	3441		WITHDRAWAL
3436	3442		Art. 58.059. CERTIFICATION OF PARTICIPATION IN PROGRAM
3437	3443		Art. 58.060. CONFIDENTIALITY OF PARTICIPANT
3438	3444		INFORMATION; DESTRUCTION OF INFORMATION
3439	3445		Art. 58.061. EXCEPTIONS
3440	3446		Art. 58.062. LIABILITY
3441	3447		SUBCHAPTER C. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF SEX
3442	3448		OFFENSE VICTIMS
3443	3449		Art. 58.101. DEFINITION
3444	3450		Art. 58.102. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM
3445	3451		Art. 58.103. VICTIM INFORMATION CONFIDENTIAL
3446	3452		Art. 58.104. COURT-ORDERED DISCLOSURE OF VICTIM
3447	3453		INFORMATION
3448	3454		Art. 58.105. DISCLOSURE OF CERTAIN CHILD VICTIM
3449	3455		INFORMATION PROHIBITED
3450	3456		Art. 58.106. DISCLOSURE OF INFORMATION OF CONFINED
3451	3457		VICTIM
3452	3458		Art. 58.107. OFFENSE
3453	3459		SUBCHAPTER D. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
3454	3460		VICTIMS OF STALKING
3455	3461		Art. 58.151. DEFINITION
3456	3462		Art. 58.152. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM
3457	3463		Art. 58.153. VICTIM INFORMATION CONFIDENTIAL
3458	3464		Art. 58.154. COURT-ORDERED DISCLOSURE OF VICTIM
3459	3465		INFORMATION
3460	3466		Art. 58.155. DISCLOSURE OF CERTAIN CHILD VICTIM
3461	3467		INFORMATION PROHIBITED
3462	3468		Art. 58.156. OFFENSE
3463	3469		Art. 58.157. EFFECT ON OTHER LAW
3464	3470		SUBCHAPTER E. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
3465	3471		VICTIMS OF FAMILY VIOLENCE
3466	3472		Art. 58.201. DEFINITION
3467	3473		Art. 58.202. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM
3468	3474		Art. 58.203. VICTIM INFORMATION CONFIDENTIAL
3469	3475		Art. 58.204. COURT-ORDERED DISCLOSURE OF VICTIM
3470	3476		INFORMATION
3471	3477		Art. 58.205. DISCLOSURE OF CERTAIN CHILD VICTIM
3472	3478		INFORMATION PROHIBITED
3473	3479		Art. 58.206. OFFENSE
3474	3480		Art. 58.207. APPLICABILITY OF SUBCHAPTER TO DEPARTMENT
3475	3481		OF FAMILY AND PROTECTIVE SERVICES
3476	3482		Art. 58.208. APPLICABILITY OF SUBCHAPTER TO POLITICAL
3477	3483		SUBDIVISIONS
3478	3484		SUBCHAPTER F. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
3479	3485		VICTIMS OF TRAFFICKING OF PERSONS
3480	3486		Art. 58.251. DEFINITION
3481	3487		Art. 58.252. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM
3482	3488		Art. 58.253. VICTIM INFORMATION CONFIDENTIAL
3483	3489		Art. 58.254. COURT-ORDERED DISCLOSURE OF VICTIM
3484	3490		INFORMATION
3485	3491		Art. 58.255. DISCLOSURE OF CHILD VICTIM INFORMATION
3486	3492		PROHIBITED
3487	3493		Art. 58.256. OFFENSE
3488	3494		SUBCHAPTER G. SEALING OF MEDICAL RECORDS OF CERTAIN CHILD VICTIMS
3489	3495		Art. 58.301. DEFINITIONS
3490	3496		Art. 58.302. SEALING OF MEDICAL RECORDS
3491	3497		Art. 58.303. ACCESS TO SEALED MEDICAL RECORDS
3492	3498		Art. 58.304. LIABILITY
3493	3499		CHAPTER 58. CONFIDENTIALITY OF IDENTIFYING INFORMATION AND MEDICAL
3494	3500		RECORDS OF CERTAIN CRIME VICTIMS
3495	3501		SUBCHAPTER A. GENERAL PROVISIONS
3496	3502		Art. 58.001. GENERAL DEFINITIONS. In this chapter:
3497	3503		(1) "Name" means the legal name of a person.
3498	3504		(2) "Pseudonym" means a set of initials or a
3499	3505		fictitious name chosen by a victim to designate the victim in all
3500	3506		public files and records concerning the offense, including police
3501	3507		summary reports, press releases, and records of judicial
3502	3508		proceedings.
3503	3509		(3) "Public servant" has the meaning assigned by
3504	3510		Section 1.07(a), Penal Code. (Code Crim. Proc., Arts. 57.01(1),
3505	3511		(2), (3), 57A.01(1), (2), (3), 57B.01(1), (2), (3), 57D.01(1), (2),
3506	3512		(3).)
3507	3513		SUBCHAPTER B. ADDRESS CONFIDENTIALITY PROGRAM FOR CERTAIN CRIME
3508	3514		VICTIMS
3509	3515		Art. 58.051. DEFINITIONS. In this subchapter:
3510	3516		(1) "Applicant" means a person who applies to
3511	3517		participate in the program.
3512	3518		(2) "Family violence" has the meaning assigned by
3513	3519		Section 71.004, Family Code.
3514	3520		(3) "Family violence shelter center" has the meaning
3515	3521		assigned by Section 51.002, Human Resources Code.
3516	3522		(4) "Household" has the meaning assigned by Section
3517	3523		71.005, Family Code.
3518	3524		(5) "Mail" means first class mail and any mail sent by
3519	3525		a government agency. The term does not include a package,
3520	3526		regardless of size or type of mailing.
3521	3527		(6) "Participant" means an applicant who is certified
3522	3528		for participation in the program.
3523	3529		(7) "Program" means the address confidentiality
3524	3530		program created under this subchapter.
3525	3531		(8) "Sexual abuse" means any conduct that constitutes
3526	3532		an offense under Section 21.02, 21.11, or 25.02, Penal Code.
3527	3533		(9) "Sexual assault" means any conduct that
3528	3534		constitutes an offense under Section 22.011 or 22.021, Penal Code.
3529	3535		(10) "Stalking" means any conduct that constitutes an
3530	3536		offense under Section 42.072, Penal Code.
3531	3537		(11) "Trafficking of persons" means any conduct that:
3532	3538		(A) constitutes an offense under Section 20A.02,
3533	3539		20A.03, 43.03, 43.04, 43.05, 43.25, 43.251, or 43.26, Penal Code;
3534	3540		and
3535	3541		(B) results in a person:
3536	3542		(i) engaging in forced labor or services;
3537	3543		or
3538	3544		(ii) otherwise becoming a victim of the
3539	3545		offense. (Code Crim. Proc., Art. 56.81.)
3540	3546		Art. 58.052. ADDRESS CONFIDENTIALITY PROGRAM. (a) The
3541	3547		attorney general shall establish an address confidentiality
3542	3548		program, as provided by this subchapter, to assist a victim of
3543	3549		family violence, sexual assault or abuse, stalking, or trafficking
3544	3550		of persons in maintaining a confidential address.
3545	3551		(b) The attorney general shall:
3546	3552		(1) designate a substitute post office box address
3547	3553		that a participant may use in place of the participant's true
3548	3554		residential, business, or school address;
3549	3555		(2) act as agent to receive service of process and mail
3550	3556		on behalf of the participant; and
3551	3557		(3) forward to the participant mail received by the
3552	3558		office of the attorney general on behalf of the participant.
3553	3559		(c) A summons, writ, notice, demand, or process may be
3554	3560		served on the attorney general on behalf of the participant by
3555	3561		delivery of two copies of the document to the office of the attorney
3556	3562		general. The attorney general shall retain a copy of the summons,
3557	3563		writ, notice, demand, or process and forward the original to the
3558	3564		participant not later than the third day after the date of service
3559	3565		on the attorney general.
3560	3566		(d) The attorney general shall make and retain a copy of the
3561	3567		envelope in which certified mail is received on behalf of the
3562	3568		participant.
3563	3569		(e) The attorney general shall adopt rules to administer the
3564	3570		program. (Code Crim. Proc., Arts. 56.82, 56.93.)
3565	3571		Art. 58.053. AGENCY ACCEPTANCE OF SUBSTITUTE ADDRESS
3566	3572		REQUIRED; EXEMPTIONS. (a) Except as provided by Subsection (b), a
3567	3573		state or local agency must accept the substitute post office box
3568	3574		address designated by the attorney general if the substitute
3569	3575		address is presented to the agency by a participant in place of the
3570	3576		participant's true residential, business, or school address.
3571	3577		(b) The attorney general by rule may permit an agency to
3572	3578		require a participant to provide the participant's true
3573	3579		residential, business, or school address, if necessary for the
3574	3580		agency to perform a duty or function that is imposed by law or
3575	3581		administrative requirement. (Code Crim. Proc., Art. 56.89.)
3576	3582		Art. 58.054. ELIGIBILITY. To be eligible to participate in
3577	3583		the program:
3578	3584		(1) an applicant must:
3579	3585		(A) meet with a victim's assistance counselor
3580	3586		from a state or local agency or other for-profit or nonprofit entity
3581	3587		that is identified by the attorney general as an entity that
3582	3588		provides shelter or civil legal services or counseling to victims
3583	3589		of family violence, sexual assault or abuse, stalking, or
3584	3590		trafficking of persons;
3585	3591		(B) be protected under, or be filing an
3586	3592		application on behalf of a victim who is the applicant's child or
3587	3593		another person in the applicant's household and who is protected
3588	3594		under:
3589	3595		(i) a temporary injunction issued under
3590	3596		Subchapter F, Chapter 6, Family Code;
3591	3597		(ii) a temporary ex parte order issued
3592	3598		under Chapter 83, Family Code;
3593	3599		(iii) an order issued under Subchapter A or
3594	3600		B, Chapter 7B, of this code or Chapter 85, Family Code; or
3595	3601		(iv) a magistrate's order for emergency
3596	3602		protection issued under Article 17.292; or
3597	3603		(C) possess documentation of family violence, as
3598	3604		identified by the rules adopted under Article 58.056, or of sexual
3599	3605		assault or abuse or stalking, as described by Section 92.0161,
3600	3606		Property Code; and
3601	3607		(2) an applicant must:
3602	3608		(A) file an application for participation with
3603	3609		the attorney general or a state or local agency or other entity
3604	3610		identified by the attorney general under Subdivision (1);
3605	3611		(B) file an affirmation that the applicant has
3606	3612		discussed safety planning with a victim's assistance counselor
3607	3613		described by Subdivision (1)(A);
3608	3614		(C) designate the attorney general as agent to
3609	3615		receive service of process and mail on behalf of the applicant; and
3610	3616		(D) live at a residential address, or relocate to
3611	3617		a residential address, that is unknown to the person who committed
3612	3618		or is alleged to have committed the family violence, sexual assault
3613	3619		or abuse, stalking, or trafficking of persons. (Code Crim. Proc.,
3614	3620		Art. 56.83(a).)
3615	3621		Art. 58.055. APPLICATION. (a) An application under
3616	3622		Article 58.054(2)(A) must contain:
3617	3623		(1) a signed, sworn statement by the applicant stating
3618	3624		that the applicant fears for the safety of the applicant, the
3619	3625		applicant's child, or another person in the applicant's household
3620	3626		because of a threat of immediate or future harm caused by the person
3621	3627		who committed or is alleged to have committed the family violence,
3622	3628		sexual assault or abuse, stalking, or trafficking of persons;
3623	3629		(2) the applicant's true residential address and, if
3624	3630		applicable, the applicant's business and school addresses; and
3625	3631		(3) a statement by the applicant of whether there is an
3626	3632		existing court order or a pending court case for child support or
3627	3633		child custody or visitation that involves the applicant, the
3628	3634		applicant's child, or another person in the applicant's household
3629	3635		and, if so, the name and address of:
3630	3636		(A) the legal counsel of record; and
3631	3637		(B) each parent involved in the court order or
3632	3638		pending case.
3633	3639		(b) An application under Article 58.054(2)(A) must be
3634	3640		completed by the applicant in person at the state or local agency or
3635	3641		other entity with which the application is filed.
3636	3642		(c) A state or local agency or other entity with which an
3637	3643		application is filed under Article 58.054(2)(A) shall forward the
3638	3644		application to the office of the attorney general.
3639	3645		(d) Any assistance or counseling provided by the attorney
3640	3646		general or an employee or agent of the attorney general to an
3641	3647		applicant does not constitute legal advice.
3642	3648		(e) The attorney general shall make program information and
3643	3649		application materials available online. (Code Crim. Proc., Arts.
3644	3650		56.83(b), (c) (part), (d), (f), 56.92.)
3645	3651		Art. 58.056. APPLICATION AND ELIGIBILITY RULES AND
3646	3652		PROCEDURES. (a) The attorney general may establish procedures for
3647	3653		requiring an applicant, in appropriate circumstances, to submit
3648	3654		with the application under Article 58.054(2)(A) independent
3649	3655		documentary evidence of family violence, sexual assault or abuse,
3650	3656		stalking, or trafficking of persons in the form of:
3651	3657		(1) an active or recently issued order described by
3652	3658		Article 58.054(1)(B);
3653	3659		(2) an incident report or other record maintained by a
3654	3660		law enforcement agency or official;
3655	3661		(3) a statement of a physician or other health care
3656	3662		provider regarding the medical condition of the applicant,
3657	3663		applicant's child, or other person in the applicant's household as a
3658	3664		result of the family violence, sexual assault or abuse, stalking,
3659	3665		or trafficking of persons;
3660	3666		(4) a statement of a mental health professional, a
3661	3667		member of the clergy, an attorney or other legal advocate, a trained
3662	3668		staff member of a family violence center, or another professional
3663	3669		who has assisted the applicant, applicant's child, or other person
3664	3670		in the applicant's household in addressing the effects of the
3665	3671		family violence, sexual assault or abuse, stalking, or trafficking
3666	3672		of persons; or
3667	3673		(5) any other independent documentary evidence
3668	3674		necessary to show the applicant's eligibility to participate in the
3669	3675		program.
3670	3676		(b) The attorney general by rule may establish additional
3671	3677		eligibility requirements for participation in the program that are
3672	3678		consistent with the purpose of the program as stated in Article
3673	3679		58.052(a). (Code Crim. Proc., Arts. 56.83(e), (e-1).)
3674	3680		Art. 58.057. FALSE STATEMENT ON APPLICATION. (a) An
3675	3681		applicant who knowingly or intentionally makes a false statement in
3676	3682		an application under Article 58.054(2)(A) is subject to prosecution
3677	3683		under Chapter 37, Penal Code.
3678	3684		(b) An applicant is ineligible for, and a participant may be
3679	3685		excluded from, participation in the program if the applicant or
3680	3686		participant knowingly makes a false statement on an application
3681	3687		filed under Article 58.054(2)(A). (Code Crim. Proc., Arts.
3682	3688		56.83(c) (part), 56.86(a).)
3683	3689		Art. 58.058. EXCLUSION FROM PARTICIPATION IN PROGRAM;
3684	3690		WITHDRAWAL. (a) A participant may be excluded from participation
3685	3691		in the program if:
3686	3692		(1) mail forwarded to the participant by the attorney
3687	3693		general is returned undeliverable on at least four occasions;
3688	3694		(2) the participant changes the participant's true
3689	3695		residential address as provided in the application filed under
3690	3696		Article 58.054(2)(A) and does not notify the attorney general of
3691	3697		the change at least 10 days before the date of the change; or
3692	3698		(3) the participant changes the participant's name.
3693	3699		(b) A participant may withdraw from the program by notifying
3694	3700		the attorney general in writing of the withdrawal. (Code Crim.
3695	3701		Proc., Arts. 56.86(b), 56.87.)
3696	3702		Art. 58.059. CERTIFICATION OF PARTICIPATION IN PROGRAM.
3697	3703		(a) The attorney general shall certify for participation in the
3698	3704		program an applicant who satisfies the eligibility requirements
3699	3705		under Articles 58.054 and 58.056(b).
3700	3706		(b) A certification under this article expires on the third
3701	3707		anniversary of the date of certification.
3702	3708		(c) To renew a certification under this article, a
3703	3709		participant must satisfy the eligibility requirements under
3704	3710		Articles 58.054 and 58.056(b) as if the participant were originally
3705	3711		applying for participation in the program. (Code Crim. Proc.,
3706	3712		Arts. 56.84, 56.85.)
3707	3713		Art. 58.060. CONFIDENTIALITY OF PARTICIPANT INFORMATION;
3708	3714		DESTRUCTION OF INFORMATION. (a) Information relating to a
3709	3715		participant:
3710	3716		(1) is confidential, except as provided by Article
3711	3717		58.061; and
3712	3718		(2) may not be disclosed under Chapter 552, Government
3713	3719		Code.
3714	3720		(b) Except as provided by Article 58.052(d), the attorney
3715	3721		general may not make a copy of any mail received by the office of the
3716	3722		attorney general on behalf of the participant.
3717	3723		(c) The attorney general shall destroy all information
3718	3724		relating to a participant on the third anniversary of the date the
3719	3725		participant's participation in the program ends. (Code Crim.
3720	3726		Proc., Art. 56.88.)
3721	3727		Art. 58.061. EXCEPTIONS. (a) The attorney general shall
3722	3728		disclose a participant's true residential, business, or school
3723	3729		address if:
3724	3730		(1) requested by:
3725	3731		(A) a law enforcement agency for the purpose of
3726	3732		conducting an investigation;
3727	3733		(B) the Department of Family and Protective
3728	3734		Services for the purpose of conducting a child protective services
3729	3735		investigation under Chapter 261, Family Code; or
3730	3736		(C) the Department of State Health Services or a
3731	3737		local health authority for the purpose of making a notification
3732	3738		described by Article 21.31 of this code, Section 54.033, Family
3733	3739		Code, or Section 81.051, Health and Safety Code; or
3734	3740		(2) required by court order.
3735	3741		(b) The attorney general may disclose a participant's true
3736	3742		residential, business, or school address if:
3737	3743		(1) the participant consents to the disclosure; and
3738	3744		(2) the disclosure is necessary to administer the
3739	3745		program.
3740	3746		(c) A person to whom a participant's true residential,
3741	3747		business, or school address is disclosed under this article shall
3742	3748		maintain the requested information in a manner that protects the
3743	3749		confidentiality of the participant's true residential, business,
3744	3750		or school address. (Code Crim. Proc., Art. 56.90.)
3745	3751		Art. 58.062. LIABILITY. (a) The attorney general or an
3746	3752		agent or employee of the attorney general is immune from liability
3747	3753		for any act or omission by the agent or employee in administering
3748	3754		the program if the agent or employee was acting in good faith and in
3749	3755		the course and scope of assigned responsibilities and duties.
3750	3756		(b) An agent or employee of the attorney general who does
3751	3757		not act in good faith and in the course and scope of assigned
3752	3758		responsibilities and duties in disclosing a participant's true
3753	3759		residential, business, or school address is subject to prosecution
3754	3760		under Chapter 39, Penal Code. (Code Crim. Proc., Art. 56.91.)
3755	3761		SUBCHAPTER C. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF SEX
3756	3762		OFFENSE VICTIMS
3757	3763		Art. 58.101. DEFINITION. In this subchapter, "victim"
3758	3764		means a person who was the subject of:
3759	3765		(1) an offense the commission of which leads to a
3760	3766		reportable conviction or adjudication under Chapter 62; or
3761	3767		(2) an offense that is part of the same criminal
3762	3768		episode, as defined by Section 3.01, Penal Code, as an offense
3763	3769		described by Subdivision (1). (Code Crim. Proc., Art. 57.01(4).)
3764	3770		Art. 58.102. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a)
3765	3771		A victim may choose a pseudonym to be used instead of the victim's
3766	3772		name to designate the victim in all public files and records
3767	3773		concerning the offense, including police summary reports, press
3768	3774		releases, and records of judicial proceedings. A victim who elects
3769	3775		to use a pseudonym as provided by this subchapter must complete a
3770	3776		pseudonym form developed under Subsection (b) and return the form
3771	3777		to the law enforcement agency investigating the offense.
3772	3778		(b) The Sexual Assault Prevention and Crisis Services
3773	3779		Program of the office of the attorney general shall develop and
3774	3780		distribute to all law enforcement agencies of the state a pseudonym
3775	3781		form to record the name, address, telephone number, and pseudonym
3776	3782		of a victim. (Code Crim. Proc., Arts. 57.02(a), (b).)
3777	3783		Art. 58.103. VICTIM INFORMATION CONFIDENTIAL. (a) A
3778	3784		victim who completes a pseudonym form and returns the form to the
3779	3785		law enforcement agency investigating the offense may not be
3780	3786		required to disclose the victim's name, address, and telephone
3781	3787		number in connection with the investigation or prosecution of the
3782	3788		offense.
3783	3789		(b) A completed and returned pseudonym form is confidential
3784	3790		and may not be disclosed to any person other than a defendant in the
3785	3791		case or the defendant's attorney, except on an order of a court.
3786	3792		The court finding required by Article 58.104 is not required to
3787	3793		disclose the confidential pseudonym form to the defendant in the
3788	3794		case or to the defendant's attorney.
3789	3795		(c) If a victim completes a pseudonym form and returns the
3790	3796		form to a law enforcement agency under Article 58.102(a), the law
3791	3797		enforcement agency receiving the form shall:
3792	3798		(1) remove the victim's name and substitute the
3793	3799		pseudonym for the name on all reports, files, and records in the
3794	3800		agency's possession;
3795	3801		(2) notify the attorney representing the state of the
3796	3802		pseudonym and that the victim has elected to be designated by the
3797	3803		pseudonym; and
3798	3804		(3) maintain the form in a manner that protects the
3799	3805		confidentiality of the information contained on the form.
3800	3806		(d) An attorney representing the state who receives notice
3801	3807		that a victim has elected to be designated by a pseudonym shall
3802	3808		ensure that the victim is designated by the pseudonym in all legal
3803	3809		proceedings concerning the offense. (Code Crim. Proc., Arts.
3804	3810		57.02(c), (d), (e), (f).)
3805	3811		Art. 58.104. COURT-ORDERED DISCLOSURE OF VICTIM
3806	3812		INFORMATION. A court may order the disclosure of a victim's name,
3807	3813		address, and telephone number only if the court finds that the
3808	3814		information is essential in the trial of the defendant for the
3809	3815		offense or the identity of the victim is in issue. (Code Crim.
3810	3816		Proc., Art. 57.02(g).)
3811	3817		Art. 58.105. DISCLOSURE OF CERTAIN CHILD VICTIM INFORMATION
3812	3818		PROHIBITED. Except as required or permitted by other law or by
3813	3819		court order, a public servant or other person who has access to or
3814	3820		obtains the name, address, telephone number, or other identifying
3815	3821		information of a victim younger than 17 years of age may not release
3816	3822		or disclose the identifying information to any person who is not
3817	3823		assisting in the investigation, prosecution, or defense of the
3818	3824		case. This article does not apply to the release or disclosure of a
3819	3825		victim's identifying information by:
3820	3826		(1) the victim; or
3821	3827		(2) the victim's parent, conservator, or guardian,
3822	3828		unless the parent, conservator, or guardian is a defendant in the
3823	3829		case. (Code Crim. Proc., Art. 57.02(h).)
3824	3830		Art. 58.106. DISCLOSURE OF INFORMATION OF CONFINED VICTIM.
3825	3831		This subchapter does not prohibit the inspector general of the
3826	3832		Texas Department of Criminal Justice from disclosing a victim's
3827	3833		identifying information to an employee of the department or the
3828	3834		department's ombudsperson if the victim is an inmate or state jail
3829	3835		defendant confined in a facility operated by or under contract with
3830	3836		the department. (Code Crim. Proc., Art. 57.02(i) as added Acts 80th
3831	3837		Leg., R.S., Chs. 619, 1217.)
3832	3838		Art. 58.107. OFFENSE. (a) A public servant commits an
3833	3839		offense if the public servant:
3834	3840		(1) has access to the name, address, or telephone
3835	3841		number of a victim 17 years of age or older who has chosen a
3836	3842		pseudonym under this subchapter; and
3837	3843		(2) knowingly discloses the name, address, or
3838	3844		telephone number of the victim to:
3839	3845		(A) a person who is not assisting in the
3840	3846		investigation or prosecution of the offense; or
3841	3847		(B) a person other than:
3842	3848		(i) the defendant;
3843	3849		(ii) the defendant's attorney; or
3844	3850		(iii) the person specified in the order of a
3845	3851		court.
3846	3852		(b) Unless the disclosure is required or permitted by other
3847	3853		law, a public servant or other person commits an offense if the
3848	3854		person:
3849	3855		(1) has access to or obtains the name, address, or
3850	3856		telephone number of a victim younger than 17 years of age; and
3851	3857		(2) knowingly discloses the name, address, or
3852	3858		telephone number of the victim to:
3853	3859		(A) a person who is not assisting in the
3854	3860		investigation or prosecution of the offense; or
3855	3861		(B) a person other than:
3856	3862		(i) the defendant;
3857	3863		(ii) the defendant's attorney; or
3858	3864		(iii) a person specified in an order of a
3859	3865		court.
3860	3866		(c) It is an affirmative defense to prosecution under
3861	3867		Subsection (b) that the actor is:
3862	3868		(1) the victim; or
3863	3869		(2) the victim's parent, conservator, or guardian,
3864	3870		unless the actor is a defendant in the case.
3865	3871		(d) It is an exception to the application of this article
3866	3872		that:
3867	3873		(1) the person who discloses the name, address, or
3868	3874		telephone number of a victim is the inspector general of the Texas
3869	3875		Department of Criminal Justice;
3870	3876		(2) the victim is an inmate or state jail defendant
3871	3877		confined in a facility operated by or under contract with the
3872	3878		department; and
3873	3879		(3) the person to whom the disclosure is made is an
3874	3880		employee of the department or the department's ombudsperson.
3875	3881		(e) An offense under this article is a Class C misdemeanor.
3876	3882		(Code Crim. Proc., Art. 57.03.)
3877	3883		SUBCHAPTER D. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
3878	3884		VICTIMS OF STALKING
3879	3885		Art. 58.151. DEFINITION. In this subchapter, "victim"
3880	3886		means a person who is the subject of:
3881	3887		(1) an offense that allegedly constitutes stalking
3882	3888		under Section 42.072, Penal Code; or
3883	3889		(2) an offense that is part of the same criminal
3884	3890		episode, as defined by Section 3.01, Penal Code, as an offense under
3885	3891		Section 42.072, Penal Code. (Code Crim. Proc., Art. 57A.01(4).)
3886	3892		Art. 58.152. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a)
3887	3893		A victim may choose a pseudonym to be used instead of the victim's
3888	3894		name to designate the victim in all public files and records
3889	3895		concerning the offense, including police summary reports, press
3890	3896		releases, and records of judicial proceedings. A victim who elects
3891	3897		to use a pseudonym as provided by this subchapter must complete a
3892	3898		pseudonym form developed under Subsection (b) and return the form
3893	3899		to the law enforcement agency investigating the offense.
3894	3900		(b) The office of the attorney general shall develop and
3895	3901		distribute to all law enforcement agencies of the state a pseudonym
3896	3902		form to record the name, address, telephone number, and pseudonym
3897	3903		of a victim. (Code Crim. Proc., Arts. 57A.02(a), (b).)
3898	3904		Art. 58.153. VICTIM INFORMATION CONFIDENTIAL. (a) A
3899	3905		victim who completes a pseudonym form and returns the form to the
3900	3906		law enforcement agency investigating the offense may not be
3901	3907		required to disclose the victim's name, address, and telephone
3902	3908		number in connection with the investigation or prosecution of the
3903	3909		offense.
3904	3910		(b) A completed and returned pseudonym form is confidential
3905	3911		and may not be disclosed to any person other than the victim
3906	3912		identified by the pseudonym form, a defendant in the case, or the
3907	3913		defendant's attorney, except on an order of a court. The court
3908	3914		finding required by Article 58.154 is not required to disclose the
3909	3915		confidential pseudonym form to the victim identified by the
3910	3916		pseudonym form, the defendant in the case, or the defendant's
3911	3917		attorney.
3912	3918		(c) If a victim completes a pseudonym form and returns the
3913	3919		form to a law enforcement agency under Article 58.152(a), the law
3914	3920		enforcement agency receiving the form shall:
3915	3921		(1) remove the victim's name and substitute the
3916	3922		pseudonym for the name on all reports, files, and records in the
3917	3923		agency's possession;
3918	3924		(2) notify the attorney representing the state of the
3919	3925		pseudonym and that the victim has elected to be designated by the
3920	3926		pseudonym;
3921	3927		(3) provide to the victim a copy of the completed
3922	3928		pseudonym form showing that the form was returned to the law
3923	3929		enforcement agency; and
3924	3930		(4) maintain the form in a manner that protects the
3925	3931		confidentiality of the information contained on the form.
3926	3932		(d) An attorney representing the state who receives notice
3927	3933		that a victim has elected to be designated by a pseudonym shall
3928	3934		ensure that the victim is designated by the pseudonym in all legal
3929	3935		proceedings concerning the offense. (Code Crim. Proc.,
3930	3936		Arts. 57A.02(c), (d), (e), (f).)
3931	3937		Art. 58.154. COURT-ORDERED DISCLOSURE OF VICTIM
3932	3938		INFORMATION. A court may order the disclosure of a victim's name,
3933	3939		address, and telephone number only if the court finds that:
3934	3940		(1) the information is essential in the trial of the
3935	3941		defendant for the offense;
3936	3942		(2) the identity of the victim is in issue; or
3937	3943		(3) the disclosure is in the best interest of the
3938	3944		victim. (Code Crim. Proc., Art. 57A.02(g).)
3939	3945		Art. 58.155. DISCLOSURE OF CERTAIN CHILD VICTIM INFORMATION
3940	3946		PROHIBITED. Except as required or permitted by other law or by
3941	3947		court order, a public servant or other person who has access to or
3942	3948		obtains the name, address, telephone number, or other identifying
3943	3949		information of a victim younger than 17 years of age may not release
3944	3950		or disclose the identifying information to any person who is not
3945	3951		assisting in the investigation, prosecution, or defense of the
3946	3952		case. This article does not apply to the release or disclosure of a
3947	3953		victim's identifying information by:
3948	3954		(1) the victim; or
3949	3955		(2) the victim's parent, conservator, or guardian,
3950	3956		unless the victim's parent, conservator, or guardian allegedly
3951	3957		committed the offense described by Article 58.151. (Code Crim.
3952	3958		Proc., Art. 57A.02(h).)
3953	3959		Art. 58.156. OFFENSE. (a) A public servant commits an
3954	3960		offense if the public servant:
3955	3961		(1) has access to the name, address, or telephone
3956	3962		number of a victim 17 years of age or older who has chosen a
3957	3963		pseudonym under this subchapter; and
3958	3964		(2) knowingly discloses the name, address, or
3959	3965		telephone number of the victim to:
3960	3966		(A) a person who is not assisting in the
3961	3967		investigation or prosecution of the offense; or
3962	3968		(B) a person other than:
3963	3969		(i) the defendant;
3964	3970		(ii) the defendant's attorney; or
3965	3971		(iii) the person specified in the order of a
3966	3972		court.
3967	3973		(b) Unless the disclosure is required or permitted by other
3968	3974		law, a public servant or other person commits an offense if the
3969	3975		person:
3970	3976		(1) has access to or obtains the name, address, or
3971	3977		telephone number of a victim younger than 17 years of age; and
3972	3978		(2) knowingly discloses the name, address, or
3973	3979		telephone number of the victim to:
3974	3980		(A) a person who is not assisting in the
3975	3981		investigation or prosecution of the offense; or
3976	3982		(B) a person other than:
3977	3983		(i) the defendant;
3978	3984		(ii) the defendant's attorney; or
3979	3985		(iii) a person specified in an order of a
3980	3986		court.
3981	3987		(c) It is an affirmative defense to prosecution under
3982	3988		Subsection (b) that the actor is:
3983	3989		(1) the victim; or
3984	3990		(2) the victim's parent, conservator, or guardian,
3985	3991		unless the victim's parent, conservator, or guardian allegedly
3986	3992		committed the offense described by Article 58.151.
3987	3993		(d) An offense under this article is a Class C misdemeanor.
3988	3994		(Code Crim. Proc., Art. 57A.03.)
3989	3995		Art. 58.157. EFFECT ON OTHER LAW. This subchapter does not
3990	3996		affect:
3991	3997		(1) a victim's responsibility to provide documentation
3992	3998		of stalking under Section 92.0161, Property Code; or
3993	3999		(2) a person's power or duty to disclose the documented
3994	4000		information as provided by Subsection (j) of that section. (Code
3995	4001		Crim. Proc., Art. 57A.04.)
3996	4002		SUBCHAPTER E. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
3997	4003		VICTIMS OF FAMILY VIOLENCE
3998	4004		Art. 58.201. DEFINITION. In this subchapter, "victim"
3999	4005		means a person who is the subject of:
4000	4006		(1) an offense that allegedly constitutes family
4001	4007		violence, as defined by Section 71.004, Family Code; or
4002	4008		(2) an offense that is part of the same criminal
4003	4009		episode, as defined by Section 3.01, Penal Code, as an offense
4004	4010		described by Subdivision (1). (Code Crim. Proc., Art. 57B.01(4).)
4005	4011		Art. 58.202. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a)
4006	4012		A victim may choose a pseudonym to be used instead of the victim's
4007	4013		name to designate the victim in all public files and records
4008	4014		concerning the offense, including police summary reports, press
4009	4015		releases, and records of judicial proceedings. A victim who elects
4010	4016		to use a pseudonym as provided by this subchapter must complete a
4011	4017		pseudonym form developed under Subsection (b) and return the form
4012	4018		to the law enforcement agency investigating the offense.
4013	4019		(b) The office of the attorney general shall develop and
4014	4020		distribute to all law enforcement agencies of the state a pseudonym
4015	4021		form to record the name, address, telephone number, and pseudonym
4016	4022		of a victim. (Code Crim. Proc., Arts. 57B.02(a), (b).)
4017	4023		Art. 58.203. VICTIM INFORMATION CONFIDENTIAL. (a) A
4018	4024		victim who completes a pseudonym form and returns the form to the
4019	4025		law enforcement agency investigating the offense may not be
4020	4026		required to disclose the victim's name, address, and telephone
4021	4027		number in connection with the investigation or prosecution of the
4022	4028		offense.
4023	4029		(b) A completed and returned pseudonym form is confidential
4024	4030		and may not be disclosed to any person other than a defendant in the
4025	4031		case or the defendant's attorney, except on an order of a court.
4026	4032		The court finding required by Article 58.204 is not required to
4027	4033		disclose the confidential pseudonym form to the defendant in the
4028	4034		case or to the defendant's attorney.
4029	4035		(c) If a victim completes a pseudonym form and returns the
4030	4036		form to a law enforcement agency under Article 58.202(a), the law
4031	4037		enforcement agency receiving the form shall:
4032	4038		(1) remove the victim's name and substitute the
4033	4039		pseudonym for the name on all reports, files, and records in the
4034	4040		agency's possession;
4035	4041		(2) notify the attorney representing the state of the
4036	4042		pseudonym and that the victim has elected to be designated by the
4037	4043		pseudonym; and
4038	4044		(3) maintain the form in a manner that protects the
4039	4045		confidentiality of the information contained on the form.
4040	4046		(d) An attorney representing the state who receives notice
4041	4047		that a victim has elected to be designated by a pseudonym shall
4042	4048		ensure that the victim is designated by the pseudonym in all legal
4043	4049		proceedings concerning the offense. (Code Crim. Proc.,
4044	4050		Arts. 57B.02(c), (d), (e), (f).)
4045	4051		Art. 58.204. COURT-ORDERED DISCLOSURE OF VICTIM
4046	4052		INFORMATION. A court may order the disclosure of a victim's name,
4047	4053		address, and telephone number only if the court finds that the
4048	4054		information is essential in the trial of the defendant for the
4049	4055		offense or the identity of the victim is in issue. (Code Crim.
4050	4056		Proc., Art. 57B.02(g).)
4051	4057		Art. 58.205. DISCLOSURE OF CERTAIN CHILD VICTIM INFORMATION
4052	4058		PROHIBITED. Except as required or permitted by other law or by
4053	4059		court order, a public servant or other person who has access to or
4054	4060		obtains the name, address, telephone number, or other identifying
4055	4061		information of a victim younger than 17 years of age may not release
4056	4062		or disclose the identifying information to any person who is not
4057	4063		assisting in the investigation, prosecution, or defense of the
4058	4064		case. This article does not apply to the release or disclosure of a
4059	4065		victim's identifying information by:
4060	4066		(1) the victim; or
4061	4067		(2) the victim's parent, conservator, or guardian,
4062	4068		unless the victim's parent, conservator, or guardian allegedly
4063	4069		committed the offense described by Article 58.201. (Code
4064	4070		Crim. Proc., Art. 57B.02(h).)
4065	4071		Art. 58.206. OFFENSE. (a) A public servant commits an
4066	4072		offense if the public servant:
4067	4073		(1) has access to the name, address, or telephone
4068	4074		number of a victim 17 years of age or older who has chosen a
4069	4075		pseudonym under this subchapter; and
4070	4076		(2) knowingly discloses the name, address, or
4071	4077		telephone number of the victim to:
4072	4078		(A) a person who is not assisting in the
4073	4079		investigation or prosecution of the offense; or
4074	4080		(B) a person other than:
4075	4081		(i) the defendant;
4076	4082		(ii) the defendant's attorney; or
4077	4083		(iii) the person specified in the order of a
4078	4084		court.
4079	4085		(b) Unless the disclosure is required or permitted by other
4080	4086		law, a public servant or other person commits an offense if the
4081	4087		person:
4082	4088		(1) has access to or obtains the name, address, or
4083	4089		telephone number of a victim younger than 17 years of age; and
4084	4090		(2) knowingly discloses the name, address, or
4085	4091		telephone number of the victim to:
4086	4092		(A) a person who is not assisting in the
4087	4093		investigation or prosecution of the offense; or
4088	4094		(B) a person other than:
4089	4095		(i) the defendant;
4090	4096		(ii) the defendant's attorney; or
4091	4097		(iii) a person specified in an order of a
4092	4098		court.
4093	4099		(c) It is an affirmative defense to prosecution under
4094	4100		Subsection (b) that the actor is:
4095	4101		(1) the victim; or
4096	4102		(2) the victim's parent, conservator, or guardian,
4097	4103		unless the victim's parent, conservator, or guardian allegedly
4098	4104		committed the offense described by Article 58.201.
4099	4105		(d) An offense under this article is a Class C misdemeanor.
4100	4106		(Code Crim. Proc., Art. 57B.03.)
4101	4107		Art. 58.207. APPLICABILITY OF SUBCHAPTER TO DEPARTMENT OF
4102	4108		FAMILY AND PROTECTIVE SERVICES. (a) This subchapter does not
4103	4109		require the Department of Family and Protective Services to use a
4104	4110		pseudonym in a department report, file, or record relating to the
4105	4111		abuse, neglect, or exploitation of a child or adult who may also be
4106	4112		the subject of an offense described by Article 58.201.
4107	4113		(b) To the extent permitted by law, the Department of Family
4108	4114		and Protective Services and a department employee, as necessary in
4109	4115		performing department duties, may disclose the name of a victim who
4110	4116		elects to use a pseudonym under this subchapter. (Code
4111	4117		Crim. Proc., Art. 57B.04.)
4112	4118		Art. 58.208. APPLICABILITY OF SUBCHAPTER TO POLITICAL
4113	4119		SUBDIVISIONS. This subchapter does not require a political
4114	4120		subdivision to use a pseudonym in a report, file, or record that:
4115	4121		(1) is not intended for distribution to the public; or
4116	4122		(2) is not the subject of an open records request under
4117	4123		Chapter 552, Government Code. (Code Crim. Proc., Art. 57B.05.)
4118	4124		SUBCHAPTER F. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF
4119	4125		VICTIMS OF TRAFFICKING OF PERSONS
4120	4126		Art. 58.251. DEFINITION. In this subchapter, "victim"
4121	4127		means a person who is the subject of:
4122	4128		(1) an offense under Section 20A.02, Penal Code; or
4123	4129		(2) an offense that is part of the same criminal
4124	4130		episode, as defined by Section 3.01, Penal Code, as an offense under
4125	4131		Section 20A.02, Penal Code. (Code Crim. Proc., Art. 57D.01(4).)
4126	4132		Art. 58.252. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a)
4127	4133		A victim may choose a pseudonym to be used instead of the victim's
4128	4134		name to designate the victim in all public files and records
4129	4135		concerning the offense, including police summary reports, press
4130	4136		releases, and records of judicial proceedings. A victim who elects
4131	4137		to use a pseudonym as provided by this subchapter must complete a
4132	4138		pseudonym form developed under Subsection (b) and return the form
4133	4139		to the law enforcement agency investigating the offense.
4134	4140		(b) The office of the attorney general shall develop and
4135	4141		distribute to all law enforcement agencies of the state a pseudonym
4136	4142		form to record the name, address, telephone number, and pseudonym
4137	4143		of a victim. (Code Crim. Proc., Arts. 57D.02(a), (b).)
4138	4144		Art. 58.253. VICTIM INFORMATION CONFIDENTIAL. (a) A
4139	4145		victim who completes a pseudonym form and returns the form to the
4140	4146		law enforcement agency investigating the offense may not be
4141	4147		required to disclose the victim's name, address, and telephone
4142	4148		number in connection with the investigation or prosecution of the
4143	4149		offense.
4144	4150		(b) A completed and returned pseudonym form is confidential
4145	4151		and may not be disclosed to any person other than a defendant in the
4146	4152		case or the defendant's attorney, except on an order of a court.
4147	4153		The court finding required by Article 58.254 is not required to
4148	4154		disclose the confidential pseudonym form to the defendant in the
4149	4155		case or to the defendant's attorney.
4150	4156		(c) If a victim completes a pseudonym form and returns the
4151	4157		form to a law enforcement agency under Article 58.252(a), the law
4152	4158		enforcement agency receiving the form shall:
4153	4159		(1) remove the victim's name and substitute the
4154	4160		pseudonym for the name on all reports, files, and records in the
4155	4161		agency's possession;
4156	4162		(2) notify the attorney representing the state of the
4157	4163		pseudonym and that the victim has elected to be designated by the
4158	4164		pseudonym; and
4159	4165		(3) maintain the form in a manner that protects the
4160	4166		confidentiality of the information contained on the form.
4161	4167		(d) An attorney representing the state who receives notice
4162	4168		that a victim has elected to be designated by a pseudonym shall
4163	4169		ensure that the victim is designated by the pseudonym in all legal
4164	4170		proceedings concerning the offense. (Code Crim. Proc.,
4165	4171		Arts. 57D.02(c), (d), (e), (f).)
4166	4172		Art. 58.254. COURT-ORDERED DISCLOSURE OF VICTIM
4167	4173		INFORMATION. A court may order the disclosure of a victim's name,
4168	4174		address, and telephone number only if the court finds that the
4169	4175		information is essential in the trial of the defendant for the
4170	4176		offense or the identity of the victim is in issue. (Code Crim.
4171	4177		Proc., Art. 57D.02(g).)
4172	4178		Art. 58.255. DISCLOSURE OF CHILD VICTIM INFORMATION
4173	4179		PROHIBITED. Except as required or permitted by other law or by
4174	4180		court order, a public servant or other person who has access to or
4175	4181		obtains the name, address, telephone number, or other identifying
4176	4182		information of a victim younger than 18 years of age may not release
4177	4183		or disclose the identifying information to any person who is not
4178	4184		assisting in the investigation, prosecution, or defense of the
4179	4185		case. This article does not apply to the release or disclosure of a
4180	4186		victim's identifying information by:
4181	4187		(1) the victim; or
4182	4188		(2) the victim's parent, conservator, or guardian,
4183	4189		unless the victim's parent, conservator, or guardian allegedly
4184	4190		committed the offense described by Article 58.251. (Code Crim.
4185	4191		Proc., Art. 57D.02(h).)
4186	4192		Art. 58.256. OFFENSE. (a) A public servant commits an
4187	4193		offense if the public servant:
4188	4194		(1) has access to the name, address, or telephone
4189	4195		number of a victim 18 years of age or older who has chosen a
4190	4196		pseudonym under this subchapter; and
4191	4197		(2) knowingly discloses the name, address, or
4192	4198		telephone number of the victim to:
4193	4199		(A) a person who is not assisting in the
4194	4200		investigation or prosecution of the offense; or
4195	4201		(B) a person other than:
4196	4202		(i) the defendant;
4197	4203		(ii) the defendant's attorney; or
4198	4204		(iii) the person specified in the order of a
4199	4205		court.
4200	4206		(b) Unless the disclosure is required or permitted by other
4201	4207		law, a public servant or other person commits an offense if the
4202	4208		person:
4203	4209		(1) has access to or obtains the name, address, or
4204	4210		telephone number of a victim younger than 18 years of age; and
4205	4211		(2) knowingly discloses the name, address, or
4206	4212		telephone number of the victim to:
4207	4213		(A) a person who is not assisting in the
4208	4214		investigation or prosecution of the offense; or
4209	4215		(B) a person other than:
4210	4216		(i) the defendant;
4211	4217		(ii) the defendant's attorney; or
4212	4218		(iii) a person specified in an order of a
4213	4219		court.
4214	4220		(c) It is an affirmative defense to prosecution under
4215	4221		Subsection (b) that the actor is:
4216	4222		(1) the victim; or
4217	4223		(2) the victim's parent, conservator, or guardian,
4218	4224		unless the victim's parent, conservator, or guardian allegedly
4219	4225		committed the offense described by Article 58.251.
4220	4226		(d) An offense under this article is a Class C misdemeanor.
4221	4227		(Code Crim. Proc., Art. 57D.03.)
4222	4228		SUBCHAPTER G. SEALING OF MEDICAL RECORDS OF CERTAIN CHILD VICTIMS
4223	4229		Art. 58.301. DEFINITIONS. In this subchapter:
4224	4230		(1) "Child" means a person who is younger than 18 years
4225	4231		of age.
4226	4232		(2) "Medical records" means any information used or
4227	4233		generated by health care providers, including records relating to
4228	4234		emergency room treatment, rehabilitation therapy, or counseling.
4229	4235		(Code Crim. Proc., Art. 57C.01.)
4230	4236		Art. 58.302. SEALING OF MEDICAL RECORDS. (a) Except as
4231	4237		provided by Subsection (c), on a motion filed by a person described
4232	4238		by Subsection (b), the court shall seal the medical records of a
4233	4239		child who is a victim of an offense described by Section 1, Article
4234	4240		38.071.
4235	4241		(b) A motion under this article may be filed on the court's
4236	4242		own motion or by:
4237	4243		(1) the attorney representing the state;
4238	4244		(2) the defendant; or
4239	4245		(3) the parent or guardian of the victim or, if the
4240	4246		victim is no longer a child, the victim.
4241	4247		(c) The court is not required to seal the records described
4242	4248		by this article on a finding of good cause after a hearing held
4243	4249		under Subsection (d).
4244	4250		(d) The court shall grant the motion without a hearing
4245	4251		unless the motion is contested not later than the seventh day after
4246	4252		the date the motion is filed. (Code Crim. Proc., Arts. 57C.02(a),
4247	4253		(b), (c), (d).)
4248	4254		Art. 58.303. ACCESS TO SEALED MEDICAL RECORDS. Medical
4249	4255		records sealed under this subchapter are not open for inspection by
4250	4256		any person except:
4251	4257		(1) on further order of the court after:
4252	4258		(A) notice to a parent or guardian of the victim
4253	4259		whose information is sealed or, if the victim is no longer a child,
4254	4260		notice to the victim; and
4255	4261		(B) a finding of good cause;
4256	4262		(2) in connection with a criminal or civil proceeding
4257	4263		as otherwise provided by law; or
4258	4264		(3) on request of a parent or legal guardian of the
4259	4265		victim whose information is sealed or, if the victim is no longer a
4260	4266		child, on request of the victim. (Code Crim. Proc., Art.
4261	4267		57C.02(e).)
4262	4268		Art. 58.304. LIABILITY. Except on a showing of bad faith, a
4263	4269		clerk of the court is not liable for any failure to seal medical
4264	4270		records after the court grants a motion under this subchapter.
4265	4271		(Code Crim. Proc., Art. 57C.02(f).)
4266	4272		ARTICLE 2. CONFORMING AMENDMENTS
4267	4273		SECTION 2.01. Section 101.005(d), Business & Commerce Code,
4268	4274		is amended to read as follows:
4269	4275		(d) A penalty collected under this section by the attorney
4270	4276		general or a district or county attorney shall be deposited in the
4271	4277		state treasury to the credit of the compensation to victims of crime
4272	4278		fund established under Subchapter J, Chapter 56B [Article 56.54],
4273	4279		Code of Criminal Procedure.
4274	4280		SECTION 2.02. Section 140A.110(c), Civil Practice and
4275	4281		Remedies Code, is amended to read as follows:
4276	4282		(c) The first $10 million, after any costs of suit described
4277	4283		by Subsection (b), that is paid to the state under this chapter in a
4278	4284		fiscal year shall be dedicated to the compensation to victims of
4279	4285		crime fund described by Subchapter J, Chapter 56B [Article 56.54],
4280	4286		Code of Criminal Procedure.
4281	4287		SECTION 2.03. Section 154.023(c), Civil Practice and
4282	4288		Remedies Code, is amended to read as follows:
4283	4289		(c) Mediation includes victim-offender mediation by the
4284	4290		Texas Department of Criminal Justice described in Article 56A.602
4285	4291		[56.13], Code of Criminal Procedure.
4286	4292		SECTION 2.04. Section 154.073(g), Civil Practice and
4287	4293		Remedies Code, is amended to read as follows:
4288	4294		(g) This section applies to a victim-offender mediation by
4289	4295		the Texas Department of Criminal Justice as described in Article
4290	4296		56A.602 [56.13], Code of Criminal Procedure.
4291	4297		SECTION 2.05. Article 2.13951(e), Code of Criminal
4292	4298		Procedure, is amended to read as follows:
4293	4299		(e) A civil penalty collected under this article shall be
4294	4300		deposited to the credit of the compensation to victims of crime fund
4295	4301		established under Subchapter J [B], Chapter 56B [56].
4296	4302		SECTION 2.06. Article 2.21(f-1), Code of Criminal
4297	4303		Procedure, is amended to read as follows:
4298	4304		(f-1) Notwithstanding Section 263.156, Local Government
4299	4305		Code, or any other law, the commissioners court shall remit 50
4300	4306		percent of any proceeds of the disposal of an eligible exhibit as
4301	4307		surplus or salvage property as described by Subsection (f), less
4302	4308		the reasonable expense of keeping the exhibit before disposal and
4303	4309		the costs of that disposal, to each of the following:
4304	4310		(1) the county treasury, to be used only to defray the
4305	4311		costs incurred by the district clerk of the county for the
4306	4312		management, maintenance, or destruction of eligible exhibits in the
4307	4313		county; and
4308	4314		(2) the state treasury to the credit of the
4309	4315		compensation to victims of crime fund established under Subchapter
4310	4316		J [B], Chapter 56B [56].
4311	4317		SECTION 2.07. Article 2.31, Code of Criminal Procedure, as
4312	4318		added by Chapter 176 (S.B. 604), Acts of the 82nd Legislature,
4313	4319		Regular Session, 2011, is amended to read as follows:
4314	4320		Art. 2.31. COUNTY JAILERS. If a jailer licensed under
4315	4321		Chapter 1701, Occupations Code, has successfully completed a
4316	4322		training program provided by the sheriff, the jailer may execute
4317	4323		lawful process issued to the jailer by any magistrate or court on a
4318	4324		person confined in the jail at which the jailer is employed to the
4319	4325		same extent that a peace officer is authorized to execute process
4320	4326		under Article 2.13(b)(2), including:
4321	4327		(1) a warrant under Chapter 15, 17, or 18;
4322	4328		(2) a capias under Chapter 17 or 23;
4323	4329		(3) a subpoena under Chapter 20A [20] or 24; or
4324	4330		(4) an attachment under Chapter 20A [20] or 24.
4325	4331		SECTION 2.08. Article 2.31, Code of Criminal Procedure, as
4326	4332		added by Chapter 1341 (S.B. 1233), Acts of the 82nd Legislature,
4327	4333		Regular Session, 2011, is amended to read as follows:
4328	4334		Art. 2.31. COUNTY JAILERS. A jailer licensed under Chapter
4329	4335		1701, Occupations Code, may execute lawful process issued to the
4330	4336		jailer by any magistrate or court on a person confined in the jail
4331	4337		at which the jailer is employed to the same extent that a peace
4332	4338		officer is authorized to execute process under Article 2.13(b)(2),
4333	4339		including:
4334	4340		(1) a warrant under Chapter 15, 17, or 18;
4335	4341		(2) a capias under Chapter 17 or 23;
4336	4342		(3) a subpoena under Chapter 20A [20] or 24; or
4337	4343		(4) an attachment under Chapter 20A [20] or 24.
4338	4344		SECTION 2.09. Article 26.13(e), Code of Criminal Procedure,
4339	4345		is amended to read as follows:
4340	4346		(e) Before accepting a plea of guilty or a plea of nolo
4341	4347		contendere, the court shall, as applicable in the case:
4342	4348		(1) inquire as to whether a victim impact statement
4343	4349		has been returned to the attorney representing the state and ask for
4344	4350		a copy of the statement if one has been returned; and
4345	4351		(2) inquire as to whether the attorney representing
4346	4352		the state has given notice of the existence and terms of any plea
4347	4353		bargain agreement to the victim, guardian of a victim, or close
4348	4354		relative of a deceased victim, as those terms are defined by Article
4349	4355		56A.001 [56.01].
4350	4356		SECTION 2.10. Article 36.03(d)(1), Code of Criminal
4351	4357		Procedure, is amended to read as follows:
4352	4358		(1) "Close relative of a deceased victim" and
4353	4359		"guardian of a victim" have the meanings assigned by Article
4354	4360		56A.001 [56.01].
4355	4361		SECTION 2.11. Sections 4(c) and (d), Article 38.11, Code of
4356	4362		Criminal Procedure, are amended to read as follows:
4357	4363		(c) Notwithstanding Subsection (b), if the information,
4358	4364		document, or item was disclosed or received in violation of a grand
4359	4365		jury oath given to either a juror or a witness under Article 19A.202
4360	4366		[19.34] or 20A.256 [20.16], a journalist may be compelled to
4361	4367		testify if the person seeking the testimony, production, or
4362	4368		disclosure makes a clear and specific showing that the subpoenaing
4363	4369		party has exhausted reasonable efforts to obtain from alternative
4364	4370		sources the confidential source of any information, document, or
4365	4371		item obtained. In this context, the court has the discretion to
4366	4372		conduct an in camera hearing. The court may not order the
4367	4373		production of the confidential source until a ruling has been made
4368	4374		on the motion.
4369	4375		(d) An application for a subpoena of a journalist under
4370	4376		Article 24.03, or a subpoena of a journalist issued by an attorney
4371	4377		representing the state under Article 20A.251 [20.10] or 20A.252
4372	4378		[20.11], must be signed by the elected district attorney, elected
4373	4379		criminal district attorney, or elected county attorney, as
4374	4380		applicable. If the elected district attorney, elected criminal
4375	4381		district attorney, or elected county attorney has been disqualified
4376	4382		or recused or has resigned, the application for the subpoena or the
4377	4383		subpoena must be signed by the person succeeding the elected
4378	4384		attorney. If the elected officer is not in the jurisdiction, the
4379	4385		highest ranking assistant to the elected officer must sign the
4380	4386		subpoena.
4381	4387		SECTION 2.12. Section 11, Article 42.01, Code of Criminal
4382	4388		Procedure, is amended to read as follows:
4383	4389		Sec. 11. In addition to the information described by
4384	4390		Section 1, the judgment should reflect whether a victim impact
4385	4391		statement was returned to the attorney representing the state
4386	4392		pursuant to Article 56A.157(a) [56.03(e)].
4387	4393		SECTION 2.13. Section 1(b), Article 42.03, Code of Criminal
4388	4394		Procedure, is amended to read as follows:
4389	4395		(b) The court shall permit a victim, close relative of a
4390	4396		deceased victim, or guardian of a victim, as defined by Article
4391	4397		56A.001 [56.01 of this code], to appear in person to present to the
4392	4398		court and to the defendant a statement of the person's views about
4393	4399		the offense, the defendant, and the effect of the offense on the
4394	4400		victim. The victim, relative, or guardian may not direct questions
4395	4401		to the defendant while making the statement. The court reporter may
4396	4402		not transcribe the statement. The statement must be made:
4397	4403		(1) after punishment has been assessed and the court
4398	4404		has determined whether or not to grant community supervision in the
4399	4405		case;
4400	4406		(2) after the court has announced the terms and
4401	4407		conditions of the sentence; and
4402	4408		(3) after sentence is pronounced.
4403	4409		SECTION 2.14. Articles 42.037(a) and (i), Code of Criminal
4404	4410		Procedure, are amended to read as follows:
4405	4411		(a) In addition to any fine authorized by law, the court
4406	4412		that sentences a defendant convicted of an offense may order the
4407	4413		defendant to make restitution to any victim of the offense or to the
4408	4414		compensation to victims of crime fund established under Subchapter
4409	4415		J [B], Chapter 56B [56], to the extent that fund has paid
4410	4416		compensation to or on behalf of the victim. If the court does not
4411	4417		order restitution or orders partial restitution under this
4412	4418		subsection, the court shall state on the record the reasons for not
4413	4419		making the order or for the limited order.
4414	4420		(i) In addition to any other terms and conditions of
4415	4421		community supervision imposed under Chapter 42A, the court may
4416	4422		require a defendant to reimburse the compensation to victims of
4417	4423		crime fund created under Subchapter J [B], Chapter 56B [56], for any
4418	4424		amounts paid from that fund to or on behalf of a victim of the
4419	4425		defendant's offense. In this subsection, "victim" has the meaning
4420	4426		assigned by Article 56B.003 [56.32].
4421	4427		SECTION 2.15. Section 8(a), Article 42.09, Code of Criminal
4422	4428		Procedure, is amended to read as follows:
4423	4429		(a) A county that transfers a defendant to the Texas
4424	4430		Department of Criminal Justice under this article shall deliver to
4425	4431		an officer designated by the department:
4426	4432		(1) a copy of the judgment entered pursuant to Article
4427	4433		42.01, completed on a standardized felony judgment form described
4428	4434		by Section 4 of that article;
4429	4435		(2) a copy of any order revoking community supervision
4430	4436		and imposing sentence pursuant to Article 42A.755, including:
4431	4437		(A) any amounts owed for restitution, fines, and
4432	4438		court costs, completed on a standardized felony judgment form
4433	4439		described by Section 4, Article 42.01; and
4434	4440		(B) a copy of the client supervision plan
4435	4441		prepared for the defendant by the community supervision and
4436	4442		corrections department supervising the defendant, if such a plan
4437	4443		was prepared;
4438	4444		(3) a written report that states the nature and the
4439	4445		seriousness of each offense and that states the citation to the
4440	4446		provision or provisions of the Penal Code or other law under which
4441	4447		the defendant was convicted;
4442	4448		(4) a copy of the victim impact statement, if one has
4443	4449		been prepared in the case under Subchapter D, Chapter 56A [Article
4444	4450		56.03];
4445	4451		(5) a statement as to whether there was a change in
4446	4452		venue in the case and, if so, the names of the county prosecuting
4447	4453		the offense and the county in which the case was tried;
4448	4454		(6) if requested, information regarding the criminal
4449	4455		history of the defendant, including the defendant's state
4450	4456		identification number if the number has been issued;
4451	4457		(7) a copy of the indictment or information for each
4452	4458		offense;
4453	4459		(8) a checklist sent by the department to the county
4454	4460		and completed by the county in a manner indicating that the
4455	4461		documents required by this subsection and Subsection (c) accompany
4456	4462		the defendant;
4457	4463		(9) if prepared, a copy of a presentence or
4458	4464		postsentence report prepared under Subchapter F, Chapter 42A;
4459	4465		(10) a copy of any detainer, issued by an agency of the
4460	4466		federal government, that is in the possession of the county and that
4461	4467		has been placed on the defendant;
4462	4468		(11) if prepared, a copy of the defendant's Texas
4463	4469		Uniform Health Status Update Form; and
4464	4470		(12) a written description of a hold or warrant,
4465	4471		issued by any other jurisdiction, that the county is aware of and
4466	4472		that has been placed on or issued for the defendant.
4467	4473		SECTION 2.16. Section 1(4), Article 42.22, Code of Criminal
4468	4474		Procedure, is amended to read as follows:
4469	4475		(4) "Victim" means:
4470	4476		(A) a "close relative of a deceased victim,"
4471	4477		"guardian of a victim," or "victim," as those terms are defined by
4472	4478		Article 56A.001 [56.01 of this code]; or
4473	4479		(B) an individual who suffers damages as a result
4474	4480		of another committing an offense under Section 38.04, Penal Code,
4475	4481		in which the defendant used a motor vehicle while the defendant was
4476	4482		in flight.
4477	4483		SECTION 2.17. Article 42A.301(b), Code of Criminal
4478	4484		Procedure, is amended to read as follows:
4479	4485		(b) Conditions of community supervision may include
4480	4486		conditions requiring the defendant to:
4481	4487		(1) commit no offense against the laws of this state or
4482	4488		of any other state or of the United States;
4483	4489		(2) avoid injurious or vicious habits;
4484	4490		(3) avoid persons or places of disreputable or harmful
4485	4491		character, including any person, other than a family member of the
4486	4492		defendant, who is an active member of a criminal street gang;
4487	4493		(4) report to the supervision officer as directed by
4488	4494		the judge or supervision officer and obey all rules and regulations
4489	4495		of the community supervision and corrections department;
4490	4496		(5) permit the supervision officer to visit the
4491	4497		defendant at the defendant's home or elsewhere;
4492	4498		(6) work faithfully at suitable employment to the
4493	4499		extent possible;
4494	4500		(7) remain within a specified place;
4495	4501		(8) pay in one or more amounts:
4496	4502		(A) the defendant's fine, if one is assessed; and
4497	4503		(B) all court costs, regardless of whether a fine
4498	4504		is assessed;
4499	4505		(9) support the defendant's dependents;
4500	4506		(10) participate, for a period specified by the judge,
4501	4507		in any community-based program, including a community service
4502	4508		project under Article 42A.304;
4503	4509		(11) if the judge determines that the defendant has
4504	4510		financial resources that enable the defendant to offset in part or
4505	4511		in whole the costs of the legal services provided to the defendant
4506	4512		in accordance with Article 1.051(c) or (d), including any expenses
4507	4513		and costs, reimburse the county in which the prosecution was
4508	4514		instituted for the costs of the legal services in an amount that the
4509	4515		judge finds the defendant is able to pay, except that the defendant
4510	4516		may not be ordered to pay an amount that exceeds:
4511	4517		(A) the actual costs, including any expenses and
4512	4518		costs, paid by the county for the legal services provided by an
4513	4519		appointed attorney; or
4514	4520		(B) if the defendant was represented by a public
4515	4521		defender's office, the actual amount, including any expenses and
4516	4522		costs, that would have otherwise been paid to an appointed attorney
4517	4523		had the county not had a public defender's office;
4518	4524		(12) if under custodial supervision in a community
4519	4525		corrections facility:
4520	4526		(A) remain under that supervision;
4521	4527		(B) obey all rules and regulations of the
4522	4528		facility; and
4523	4529		(C) pay a percentage of the defendant's income
4524	4530		to:
4525	4531		(i) the facility for room and board; and
4526	4532		(ii) the defendant's dependents for their
4527	4533		support during the period of custodial supervision;
4528	4534		(13) submit to testing for alcohol or controlled
4529	4535		substances;
4530	4536		(14) attend counseling sessions for substance abusers
4531	4537		or participate in substance abuse treatment services in a program
4532	4538		or facility approved or licensed by the Department of State Health
4533	4539		Services;
4534	4540		(15) with the consent of the victim of a misdemeanor
4535	4541		offense or of any offense under Title 7, Penal Code, participate in
4536	4542		victim-defendant mediation;
4537	4543		(16) submit to electronic monitoring;
4538	4544		(17) reimburse the compensation to victims of crime
4539	4545		fund for any amounts paid from that fund to or on behalf of a victim,
4540	4546		as defined by Article 56B.003 [56.32], of the offense or if no
4541	4547		reimbursement is required, make one payment to the compensation to
4542	4548		victims of crime fund in an amount not to exceed $50 if the offense
4543	4549		is a misdemeanor or not to exceed $100 if the offense is a felony;
4544	4550		(18) reimburse a law enforcement agency for the
4545	4551		analysis, storage, or disposal of raw materials, controlled
4546	4552		substances, chemical precursors, drug paraphernalia, or other
4547	4553		materials seized in connection with the offense;
4548	4554		(19) pay all or part of the reasonable and necessary
4549	4555		costs incurred by the victim for psychological counseling made
4550	4556		necessary by the offense or for counseling and education relating
4551	4557		to acquired immune deficiency syndrome or human immunodeficiency
4552	4558		virus made necessary by the offense;
4553	4559		(20) make one payment in an amount not to exceed $50 to
4554	4560		a crime stoppers organization, as defined by Section 414.001,
4555	4561		Government Code, and as certified by the Texas Crime Stoppers
4556	4562		Council;
4557	4563		(21) submit a DNA sample to the Department of Public
4558	4564		Safety under Subchapter G, Chapter 411, Government Code, for the
4559	4565		purpose of creating a DNA record of the defendant;
4560	4566		(22) in any manner required by the judge, provide in
4561	4567		the county in which the offense was committed public notice of the
4562	4568		offense for which the defendant was placed on community
4563	4569		supervision; and
4564	4570		(23) reimburse the county in which the prosecution was
4565	4571		instituted for compensation paid to any interpreter in the case.
4566	4572		SECTION 2.18. Article 46C.003, Code of Criminal Procedure,
4567	4573		is amended to read as follows:
4568	4574		Art. 46C.003. VICTIM NOTIFICATION OF RELEASE. If the court
4569	4575		issues an order that requires the release of an acquitted person on
4570	4576		discharge or on a regimen of outpatient care, the clerk of the court
4571	4577		issuing the order, using the information provided on any victim
4572	4578		impact statement received by the court under Subchapter D, Chapter
4573	4579		56A [Article 56.03] or other information made available to the
4574	4580		court, shall notify the victim or the victim's guardian or close
4575	4581		relative of the release. Notwithstanding Article 56A.156
4576	4582		[56.03(f)], the clerk of the court may inspect a victim impact
4577	4583		statement for the purpose of notification under this article. On
4578	4584		request, a victim assistance coordinator may provide the clerk of
4579	4585		the court with information or other assistance necessary for the
4580	4586		clerk to comply with this article.
4581	4587		SECTION 2.19. Article 59.06(k)(3), Code of Criminal
4582	4588		Procedure, is amended to read as follows:
4583	4589		(3) The attorney general shall deposit the money or
4584	4590		proceeds from the sale of the property into an escrow account. The
4585	4591		money in the account is available to satisfy a judgment against the
4586	4592		person who committed the crime in favor of a victim of the crime if
4587	4593		the judgment is for damages incurred by the victim caused by the
4588	4594		commission of the crime. The attorney general shall transfer the
4589	4595		money in the account that has not been ordered paid to a victim in
4590	4596		satisfaction of a judgment to the compensation to victims of crime
4591	4597		fund on the fifth anniversary of the date the account was
4592	4598		established. In this subsection, "victim" has the meaning assigned
4593	4599		by Article 56B.003 [56.32].
4594	4600		SECTION 2.20. Article 59.13(a), Code of Criminal Procedure,
4595	4601		is amended to read as follows:
4596	4602		(a) The attorney representing the state may disclose
4597	4603		information to the primary state or federal financial institution
4598	4604		regulator, including grand jury information or otherwise
4599	4605		confidential information, relating to any action contemplated or
4600	4606		brought under this chapter that involves property consisting of a
4601	4607		depository account in a regulated financial institution or assets
4602	4608		held by a regulated financial institution as security for an
4603	4609		obligation owed to a regulated financial institution. An attorney
4604	4610		representing the state who discloses information as permitted by
4605	4611		this subsection is not subject to contempt under Subchapter E,
4606	4612		Chapter 20A, [Article 20.02] for that disclosure.
4607	4613		SECTION 2.21. Article 62.0061(d), Code of Criminal
4608	4614		Procedure, is amended to read as follows:
4609	4615		(d) A commercial social networking site that uses
4610	4616		information received under Subsection (a) in any manner not
4611	4617		described by Subsection (c)(1) or that violates a rule adopted by
4612	4618		the department under Subsection (b) is subject to a civil penalty of
4613	4619		$1,000 for each misuse of information or rule violation. A
4614	4620		commercial social networking site that is assessed a civil penalty
4615	4621		under this article shall pay, in addition to the civil penalty, all
4616	4622		court costs, investigative costs, and attorney's fees associated
4617	4623		with the assessment of the penalty. A civil penalty assessed under
4618	4624		this subsection shall be deposited to the compensation to victims
4619	4625		of crime fund established under Subchapter J [B], Chapter 56B [56].
4620	4626		SECTION 2.22. Article 63.065(b), Code of Criminal
4621	4627		Procedure, is amended to read as follows:
4622	4628		(b) Notwithstanding Article 56B.453(a) [56.54(g)], the
4623	4629		legislature may appropriate money in the compensation to victims of
4624	4630		crime fund and the compensation to victims of crime auxiliary fund
4625	4631		to fund the University of North Texas Health Science Center at Fort
4626	4632		Worth missing persons DNA database. Legislative appropriations
4627	4633		under this subsection shall be deposited to the credit of the
4628	4634		account created under Subsection (a).
4629	4635		SECTION 2.23. Sections 96.65(a)(1), (2), and (4), Education
4630	4636		Code, are amended to read as follows:
4631	4637		(1) "Close relative of a deceased victim" has the
4632	4638		meaning assigned by Article 56A.001 [56.01], Code of Criminal
4633	4639		Procedure.
4634	4640		(2) "Guardian of a victim" has the meaning assigned by
4635	4641		Article 56A.001 [56.01], Code of Criminal Procedure.
4636	4642		(4) "Victim" has the meaning assigned by Article
4637	4643		56A.001 [56.01], Code of Criminal Procedure.
4638	4644		SECTION 2.24. Section 96.651(a)(2), Education Code, is
4639	4645		amended to read as follows:
4640	4646		(2) "Victim" has the meaning assigned by Article
4641	4647		56A.001 [56.01], Code of Criminal Procedure.
4642	4648		SECTION 2.25. Section 13.002(e), Election Code, is amended
4643	4649		to read as follows:
4644	4650		(e) A person who is certified for participation in the
4645	4651		address confidentiality program administered by the attorney
4646	4652		general under Subchapter B [C], Chapter 58 [56], Code of Criminal
4647	4653		Procedure, is not eligible for early voting by mail under Section
4648	4654		82.007 unless the person submits an application under this section
4649	4655		by personal delivery. The secretary of state may adopt rules to
4650	4656		implement this subsection.
4651	4657		SECTION 2.26. Section 13.004(c), Election Code, is amended
4652	4658		to read as follows:
4653	4659		(c) The following information furnished on a registration
4654	4660		application is confidential and does not constitute public
4655	4661		information for purposes of Chapter 552, Government Code:
4656	4662		(1) a social security number;
4657	4663		(2) a Texas driver's license number;
4658	4664		(3) a number of a personal identification card issued
4659	4665		by the Department of Public Safety;
4660	4666		(4) an indication that an applicant is interested in
4661	4667		working as an election judge;
4662	4668		(5) the residence address of the applicant, if the
4663	4669		applicant is a federal judge or state judge, as defined by Section
4664	4670		13.0021, the spouse of a federal judge or state judge, or an
4665	4671		individual to whom Section 552.1175, Government Code, applies and
4666	4672		the applicant:
4667	4673		(A) included an affidavit with the registration
4668	4674		application describing the applicant's status under this
4669	4675		subdivision, including an affidavit under Section 13.0021 if the
4670	4676		applicant is a federal judge or state judge or the spouse of a
4671	4677		federal judge or state judge;
4672	4678		(B) provided the registrar with an affidavit
4673	4679		describing the applicant's status under this subdivision,
4674	4680		including an affidavit under Section 15.0215 if the applicant is a
4675	4681		federal judge or state judge or the spouse of a federal judge or
4676	4682		state judge; or
4677	4683		(C) provided the registrar with a completed form
4678	4684		approved by the secretary of state for the purpose of notifying the
4679	4685		registrar of the applicant's status under this subdivision;
4680	4686		(6) the residence address of the applicant, if the
4681	4687		applicant, the applicant's child, or another person in the
4682	4688		applicant's household is a victim of family violence as defined by
4683	4689		Section 71.004, Family Code, who provided the registrar with:
4684	4690		(A) a copy of a protective order issued under
4685	4691		Chapter 85, Family Code, or a magistrate's order for emergency
4686	4692		protection issued under Article 17.292, Code of Criminal Procedure;
4687	4693		or
4688	4694		(B) other independent documentary evidence
4689	4695		necessary to show that the applicant, the applicant's child, or
4690	4696		another person in the applicant's household is a victim of family
4691	4697		violence;
4692	4698		(7) the residence address of the applicant, if the
4693	4699		applicant, the applicant's child, or another person in the
4694	4700		applicant's household is a victim of sexual assault or abuse,
4695	4701		stalking, or trafficking of persons who provided the registrar
4696	4702		with:
4697	4703		(A) a copy of a protective order issued under
4698	4704		Subchapter A or B, Chapter 7B [7A or Article 6.09], Code of Criminal
4699	4705		Procedure, or a magistrate's order for emergency protection issued
4700	4706		under Article 17.292, Code of Criminal Procedure; or
4701	4707		(B) other independent documentary evidence
4702	4708		necessary to show that the applicant, the applicant's child, or
4703	4709		another person in the applicant's household is a victim of sexual
4704	4710		assault or abuse, stalking, or trafficking of persons; or
4705	4711		(8) the residence address of the applicant, if the
4706	4712		applicant:
4707	4713		(A) is a participant in the address
4708	4714		confidentiality program administered by the attorney general under
4709	4715		Subchapter B [C], Chapter 58 [56], Code of Criminal Procedure; and
4710	4716		(B) provided the registrar with proof of
4711	4717		certification under Article 58.059 [56.84], Code of Criminal
4712	4718		Procedure.
4713	4719		SECTION 2.27. Section 18.0051, Election Code, is amended to
4714	4720		read as follows:
4715	4721		Sec. 18.0051. CONTENTS OF LIST: SUBSTITUTE ADDRESS. An
4716	4722		original or supplemental list of registered voters must contain a
4717	4723		voter's substitute post office box address designated by the
4718	4724		attorney general under Article 58.052(b) [56.82(b)], Code of
4719	4725		Criminal Procedure, for use by the voter in place of the voter's
4720	4726		true residential, business, or school address if the voter is
4721	4727		eligible for early voting by mail under Section 82.007 and has
4722	4728		submitted an early voting ballot application as required by Section
4723	4729		84.0021.
4724	4730		SECTION 2.28. Section 82.007, Election Code, is amended to
4725	4731		read as follows:
4726	4732		Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY
4727	4733		PROGRAM. A qualified voter is eligible for early voting by mail if:
4728	4734		(1) the voter submitted a registration application by
4729	4735		personal delivery as required by Section 13.002(e); and
4730	4736		(2) at the time the voter's early voting ballot
4731	4737		application is submitted, the voter is certified for participation
4732	4738		in the address confidentiality program administered by the attorney
4733	4739		general under Subchapter B [C], Chapter 58 [56], Code of Criminal
4734	4740		Procedure.
4735	4741		SECTION 2.29. Section 84.0021(a), Election Code, is amended
4736	4742		to read as follows:
4737	4743		(a) An early voting ballot application submitted by a
4738	4744		qualified voter who is eligible for early voting by mail under
4739	4745		Section 82.007 must include:
4740	4746		(1) the applicant's name and address at which the
4741	4747		applicant is registered to vote;
4742	4748		(2) the substitute post office box address designated
4743	4749		by the attorney general under Article 58.052(b) [56.82(b)], Code of
4744	4750		Criminal Procedure, for use by the voter in place of the voter's
4745	4751		true residential, business, or school address; and
4746	4752		(3) an indication of each election for which the
4747	4753		applicant is applying for a ballot.
4748	4754		SECTION 2.30. Section 6.405(a), Family Code, is amended to
4749	4755		read as follows:
4750	4756		(a) The petition in a suit for dissolution of a marriage
4751	4757		must state whether, in regard to a party to the suit or a child of a
4752	4758		party to the suit:
4753	4759		(1) there is in effect:
4754	4760		(A) a protective order under Title 4;
4755	4761		(B) a protective order under Subchapter A,
4756	4762		Chapter 7B [7A], Code of Criminal Procedure; or
4757	4763		(C) an order for emergency protection under
4758	4764		Article 17.292, Code of Criminal Procedure; or
4759	4765		(2) an application for an order described by
4760	4766		Subdivision (1) is pending.
4761	4767		SECTION 2.31. Section 51.17(h), Family Code, is amended to
4762	4768		read as follows:
4763	4769		(h) Articles 58.001, 58.101, 58.102, 58.103, 58.104,
4764	4770		58.105, [57.01] and 58.106 [57.02], Code of Criminal Procedure,
4765	4771		relating to the use of a pseudonym by a victim in a criminal case,
4766	4772		apply in a proceeding held under this title.
4767	4773		SECTION 2.32. Section 57.002, Family Code, is amended to
4768	4774		read as follows:
4769	4775		Sec. 57.002. VICTIM'S RIGHTS. (a) A victim, guardian of a
4770	4776		victim, or close relative of a deceased victim is entitled to the
4771	4777		following rights within the juvenile justice system:
4772	4778		(1) the right to receive from law enforcement agencies
4773	4779		adequate protection from harm and threats of harm arising from
4774	4780		cooperation with prosecution efforts;
4775	4781		(2) the right to have the court or person appointed by
4776	4782		the court take the safety of the victim or the victim's family into
4777	4783		consideration as an element in determining whether the child should
4778	4784		be detained before the child's conduct is adjudicated;
4779	4785		(3) the right, if requested, to be informed of
4780	4786		relevant court proceedings, including appellate proceedings, and
4781	4787		to be informed in a timely manner if those court proceedings have
4782	4788		been canceled or rescheduled;
4783	4789		(4) the right to be informed, when requested, by the
4784	4790		court or a person appointed by the court concerning the procedures
4785	4791		in the juvenile justice system, including general procedures
4786	4792		relating to:
4787	4793		(A) the preliminary investigation and deferred
4788	4794		prosecution of a case; and
4789	4795		(B) the appeal of the case;
4790	4796		(5) the right to provide pertinent information to a
4791	4797		juvenile court conducting a disposition hearing concerning the
4792	4798		impact of the offense on the victim and the victim's family by
4793	4799		testimony, written statement, or any other manner before the court
4794	4800		renders its disposition;
4795	4801		(6) the right to receive information regarding
4796	4802		compensation to victims as provided by [Subchapter B,] Chapter 56B
4797	4803		[56], Code of Criminal Procedure, including information related to
4798	4804		the costs that may be compensated under that chapter [subchapter]
4799	4805		and the amount of compensation, eligibility for compensation, and
4800	4806		procedures for application for compensation under that chapter
4801	4807		[subchapter], the payment of medical expenses under Subchapter F,
4802	4808		Chapter 56A [Section 56.06], Code of Criminal Procedure, for a
4803	4809		victim of a sexual assault, and when requested, to referral to
4804	4810		available social service agencies that may offer additional
4805	4811		assistance;
4806	4812		(7) the right to be informed, upon request, of
4807	4813		procedures for release under supervision or transfer of the person
4808	4814		to the custody of the Texas Department of Criminal Justice for
4809	4815		parole, to participate in the release or transfer for parole
4810	4816		process, to be notified, if requested, of the person's release,
4811	4817		escape, or transfer for parole proceedings concerning the person,
4812	4818		to provide to the Texas Juvenile Justice Department for inclusion
4813	4819		in the person's file information to be considered by the department
4814	4820		before the release under supervision or transfer for parole of the
4815	4821		person, and to be notified, if requested, of the person's release or
4816	4822		transfer for parole;
4817	4823		(8) the right to be provided with a waiting area,
4818	4824		separate or secure from other witnesses, including the child
4819	4825		alleged to have committed the conduct and relatives of the child,
4820	4826		before testifying in any proceeding concerning the child, or, if a
4821	4827		separate waiting area is not available, other safeguards should be
4822	4828		taken to minimize the victim's contact with the child and the
4823	4829		child's relatives and witnesses, before and during court
4824	4830		proceedings;
4825	4831		(9) the right to prompt return of any property of the
4826	4832		victim that is held by a law enforcement agency or the attorney for
4827	4833		the state as evidence when the property is no longer required for
4828	4834		that purpose;
4829	4835		(10) the right to have the attorney for the state
4830	4836		notify the employer of the victim, if requested, of the necessity of
4831	4837		the victim's cooperation and testimony in a proceeding that may
4832	4838		necessitate the absence of the victim from work for good cause;
4833	4839		(11) the right to be present at all public court
4834	4840		proceedings related to the conduct of the child as provided by
4835	4841		Section 54.08, subject to that section; and
4836	4842		(12) any other right appropriate to the victim that a
4837	4843		victim of criminal conduct has under Subchapter B, Chapter 56A
4838	4844		[Article 56.02 or 56.021], Code of Criminal Procedure.
4839	4845		(b) In notifying a victim of the release or escape of a
4840	4846		person, the Texas Juvenile Justice Department shall use the same
4841	4847		procedure established for the notification of the release or escape
4842	4848		of an adult offender under Subchapter K, Chapter 56A [Article
4843	4849		56.11], Code of Criminal Procedure.
4844	4850		SECTION 2.33. Section 57.003(d), Family Code, is amended to
4845	4851		read as follows:
4846	4852		(d) The victim assistance coordinator shall ensure that at a
4847	4853		minimum, a victim, guardian of a victim, or close relative of a
4848	4854		deceased victim receives:
4849	4855		(1) a written notice of the rights outlined in Section
4850	4856		57.002;
4851	4857		(2) an application for compensation under the Crime
4852	4858		Victims' Compensation Act ([Subchapter B,] Chapter 56B [56], Code
4853	4859		of Criminal Procedure); and
4854	4860		(3) a victim impact statement with information
4855	4861		explaining the possible use and consideration of the victim impact
4856	4862		statement at detention, adjudication, and release proceedings
4857	4863		involving the juvenile.
4858	4864		SECTION 2.34. Section 57.0031, Family Code, is amended to
4859	4865		read as follows:
4860	4866		Sec. 57.0031. NOTIFICATION OF RIGHTS OF VICTIMS OF
4861	4867		JUVENILES. At the initial contact or at the earliest possible time
4862	4868		after the initial contact between the victim of a reported crime and
4863	4869		the juvenile probation office having the responsibility for the
4864	4870		disposition of the juvenile, the office shall provide the victim a
4865	4871		written notice:
4866	4872		(1) containing information about the availability of
4867	4873		emergency and medical services, if applicable;
4868	4874		(2) stating that the victim has the right to receive
4869	4875		information regarding compensation to victims of crime as provided
4870	4876		by the Crime Victims' Compensation Act ([Subchapter B,] Chapter 56B
4871	4877		[56], Code of Criminal Procedure), including information about:
4872	4878		(A) the costs that may be compensated and the
4873	4879		amount of compensation, eligibility for compensation, and
4874	4880		procedures for application for compensation;
4875	4881		(B) the payment for a medical examination for a
4876	4882		victim of a sexual assault; and
4877	4883		(C) referral to available social service
4878	4884		agencies that may offer additional assistance;
4879	4885		(3) stating the name, address, and phone number of the
4880	4886		victim assistance coordinator for victims of juveniles;
4881	4887		(4) containing the following statement: "You may call
4882	4888		the crime victim assistance coordinator for the status of the case
4883	4889		and information about victims' rights.";
4884	4890		(5) stating the rights of victims of crime under
4885	4891		Section 57.002;
4886	4892		(6) summarizing each procedural stage in the
4887	4893		processing of a juvenile case, including preliminary
4888	4894		investigation, detention, informal adjustment of a case,
4889	4895		disposition hearings, release proceedings, restitution, and
4890	4896		appeals;
4891	4897		(7) suggesting steps the victim may take if the victim
4892	4898		is subjected to threats or intimidation;
4893	4899		(8) stating the case number and assigned court for the
4894	4900		case; and
4895	4901		(9) stating that the victim has the right to file a
4896	4902		victim impact statement and to have it considered in juvenile
4897	4903		proceedings.
4898	4904		SECTION 2.35. Section 85.025(b-3), Family Code, is amended
4899	4905		to read as follows:
4900	4906		(b-3) Subsection (b) does not apply to a protective order
4901	4907		issued under Subchapter A, Chapter 7B [7A], Code of Criminal
4902	4908		Procedure.
4903	4909		SECTION 2.36. Section 102.008(b), Family Code, is amended
4904	4910		to read as follows:
4905	4911		(b) The petition must include:
4906	4912		(1) a statement that the court in which the petition is
4907	4913		filed has continuing, exclusive jurisdiction or that no court has
4908	4914		continuing jurisdiction of the suit;
4909	4915		(2) the name and date of birth of the child, except
4910	4916		that if adoption of a child is requested, the name of the child may
4911	4917		be omitted;
4912	4918		(3) the full name of the petitioner and the
4913	4919		petitioner's relationship to the child or the fact that no
4914	4920		relationship exists;
4915	4921		(4) the names of the parents, except in a suit in which
4916	4922		adoption is requested;
4917	4923		(5) the name of the managing conservator, if any, or
4918	4924		the child's custodian, if any, appointed by order of a court of
4919	4925		another state or country;
4920	4926		(6) the names of the guardians of the person and estate
4921	4927		of the child, if any;
4922	4928		(7) the names of possessory conservators or other
4923	4929		persons, if any, having possession of or access to the child under
4924	4930		an order of the court;
4925	4931		(8) the name of an alleged father of the child or a
4926	4932		statement that the identity of the father of the child is unknown;
4927	4933		(9) a full description and statement of value of all
4928	4934		property owned or possessed by the child;
4929	4935		(10) a statement describing what action the court is
4930	4936		requested to take concerning the child and the statutory grounds on
4931	4937		which the request is made;
4932	4938		(11) a statement as to whether, in regard to a party to
4933	4939		the suit or a child of a party to the suit:
4934	4940		(A) there is in effect:
4935	4941		(i) a protective order under Title 4;
4936	4942		(ii) a protective order under Subchapter A,
4937	4943		Chapter 7B [7A], Code of Criminal Procedure; or
4938	4944		(iii) an order for emergency protection
4939	4945		under Article 17.292, Code of Criminal Procedure; or
4940	4946		(B) an application for an order described by
4941	4947		Paragraph (A) is pending; and
4942	4948		(12) any other information required by this title.
4943	4949		SECTION 2.37. Section 160.6035(a), Family Code, is amended
4944	4950		to read as follows:
4945	4951		(a) The petition in a proceeding to adjudicate parentage
4946	4952		must include a statement as to whether, in regard to a party to the
4947	4953		proceeding or a child of a party to the proceeding:
4948	4954		(1) there is in effect:
4949	4955		(A) a protective order under Title 4;
4950	4956		(B) a protective order under Subchapter A,
4951	4957		Chapter 7B [7A], Code of Criminal Procedure; or
4952	4958		(C) an order for emergency protection under
4953	4959		Article 17.292, Code of Criminal Procedure; or
4954	4960		(2) an application for an order described by
4955	4961		Subdivision (1) is pending.
4956	4962		SECTION 2.38. Section 41.310(c), Government Code, is
4957	4963		amended to read as follows:
4958	4964		(c) The counsellor, in consultation with the board of
4959	4965		directors, shall notify the foreperson [foreman] of the appropriate
4960	4966		grand jury, in the manner provided by Article 20A.051 [20.09], Code
4961	4967		of Criminal Procedure, if:
4962	4968		(1) the counsellor receives credible evidence of
4963	4969		illegal or improper conduct by Texas Juvenile Justice Department
4964	4970		officers, employees, or contractors that the counsellor reasonably
4965	4971		believes jeopardizes the health, safety, and welfare of children in
4966	4972		the custody of that department;
4967	4973		(2) the counsellor reasonably believes the conduct:
4968	4974		(A) could constitute an offense described by
4969	4975		Article 104.003(a), Code of Criminal Procedure; and
4970	4976		(B) involves the alleged physical or sexual abuse
4971	4977		of a child in the custody of a Texas Juvenile Justice Department
4972	4978		facility or an investigation related to the alleged abuse; and
4973	4979		(3) the counsellor has reason to believe that
4974	4980		information concerning the conduct has not previously been
4975	4981		presented to the appropriate grand jury.
4976	4982		SECTION 2.39. Section 53.002(g), Government Code, is
4977	4983		amended to read as follows:
4978	4984		(g) The judge of each district court in Tarrant County that
4979	4985		gives preference to criminal cases and the judge of each criminal
4980	4986		district court in Tarrant County may appoint two persons to serve as
4981	4987		bailiffs. Notwithstanding Section 53.071 or Article 19A.301
4982	4988		[19.36], Code of Criminal Procedure, the district judges of the
4983	4989		courts in Tarrant County that give preference to criminal cases and
4984	4990		the criminal district courts in Tarrant County may appoint one
4985	4991		bailiff for each grand jury.
4986	4992		SECTION 2.40. Section 61.003(a), Government Code, is
4987	4993		amended to read as follows:
4988	4994		(a) Each person who reports for jury service shall be
4989	4995		personally provided a form letter that when signed by the person
4990	4996		directs the county treasurer to donate all, or a specific amount
4991	4997		designated by the person, of the person's daily reimbursement under
4992	4998		this chapter to:
4993	4999		(1) the compensation to victims of crime fund
4994	5000		established under Subchapter J [B], Chapter 56B [56], Code of
4995	5001		Criminal Procedure;
4996	5002		(2) the child welfare, child protective services, or
4997	5003		child services board of the county appointed under Section 264.005,
4998	5004		Family Code, that serves abused and neglected children;
4999	5005		(3) any program selected by the commissioners court
5000	5006		that is operated by a public or private nonprofit organization and
5001	5007		that provides shelter and services to victims of family violence;
5002	5008		(4) any other program approved by the commissioners
5003	5009		court of the county, including a program established under Article
5004	5010		56A.205 [56.04(f)], Code of Criminal Procedure, that offers
5005	5011		psychological counseling in criminal cases involving graphic
5006	5012		evidence or testimony; or
5007	5013		(5) a veterans court program established by the
5008	5014		commissioners court as provided by Chapter 124.
5009	5015		SECTION 2.41. Section 76.016, Government Code, is amended
5010	5016		to read as follows:
5011	5017		Sec. 76.016. VICTIM NOTIFICATION. (a) A department, using
5012	5018		the name and address provided by the attorney representing the
5013	5019		state under Article 56A.454(b) [56.08(d)], Code of Criminal
5014	5020		Procedure, shall immediately notify a victim of the defendant's
5015	5021		crime or, if the victim has a guardian or is deceased, notify the
5016	5022		guardian of the victim or close relative of the deceased victim of:
5017	5023		(1) the fact that the defendant has been placed on
5018	5024		community supervision;
5019	5025		(2) the conditions of community supervision imposed on
5020	5026		the defendant by the court; and
5021	5027		(3) the date, time, and location of any hearing or
5022	5028		proceeding at which the conditions of the defendant's community
5023	5029		supervision may be modified or the defendant's placement on
5024	5030		community supervision may be revoked or terminated.
5025	5031		(b) In this section, "close relative of a deceased victim,"
5026	5032		"guardian of a victim," and "victim" have the meanings assigned by
5027	5033		Article 56A.001 [56.01], Code of Criminal Procedure.
5028	5034		SECTION 2.42. Section 402.0213(a), Government Code, is
5029	5035		amended to read as follows:
5030	5036		(a) The office of the attorney general may use
5031	5037		videoconferencing technology:
5032	5038		(1) as a substitute for personal appearances in civil
5033	5039		and criminal proceedings, as approved by the court; and
5034	5040		(2) for any proceeding, conference, or training
5035	5041		conducted by an employee of the office of the attorney general whose
5036	5042		duties include the implementation of Chapters 56A and 56B and
5037	5043		Subchapter B, Chapter 58 [56], Code of Criminal Procedure, and
5038	5044		Chapter 57, Family Code.
5039	5045		SECTION 2.43. Section 402.038(b), Government Code, is
5040	5046		amended to read as follows:
5041	5047		(b) To address matters related to border security and
5042	5048		organized crime, the transnational and organized crime division
5043	5049		shall:
5044	5050		(1) establish within the division a prosecution unit
5045	5051		to provide critical assistance to local prosecutors;
5046	5052		(2) using existing funds, establish within the
5047	5053		division a trafficking of persons unit to:
5048	5054		(A) assist local law enforcement agencies and
5049	5055		local prosecutors in investigating and prosecuting trafficking of
5050	5056		persons and related crimes; and
5051	5057		(B) work with the appropriate local and state
5052	5058		agencies to identify victims of trafficking of persons and to
5053	5059		provide the types of assistance available for those victims under
5054	5060		Chapters 56A and 56B and Subchapter B, Chapter 58 [56], Code of
5055	5061		Criminal Procedure; and
5056	5062		(3) develop initiatives to provide greater state
5057	5063		assistance, support, and coordination among state law enforcement
5058	5064		agencies, local law enforcement agencies, and local prosecutors.
5059	5065		SECTION 2.44. Section 411.209(e), Government Code, is
5060	5066		amended to read as follows:
5061	5067		(e) A civil penalty collected by the attorney general under
5062	5068		this section shall be deposited to the credit of the compensation to
5063	5069		victims of crime fund established under Subchapter J [B], Chapter
5064	5070		56B [56], Code of Criminal Procedure.
5065	5071		SECTION 2.45. Section 420.051, Government Code, is amended
5066	5072		to read as follows:
5067	5073		Sec. 420.051. ADVOCATES FOR SURVIVORS OF SEXUAL
5068	5074		ASSAULT. An individual may act as an advocate for survivors of
5069	5075		sexual assault for the purposes of Subchapter H, Chapter 56A
5070	5076		[Article 56.045], Code of Criminal Procedure, if the individual has
5071	5077		completed a sexual assault training program certified by the
5072	5078		attorney general and is an employee or volunteer of a sexual assault
5073	5079		program.
5074	5080		SECTION 2.46. Section 495.027(c), Government Code, is
5075	5081		amended to read as follows:
5076	5082		(c) The department shall transfer 50 percent of all
5077	5083		commissions paid to the department by a vendor under this section to
5078	5084		the compensation to victims of crime fund established by Subchapter
5079	5085		J [B], Chapter 56B [56], Code of Criminal Procedure, and the other
5080	5086		50 percent to the credit of the undedicated portion of the general
5081	5087		revenue fund, except that the department shall transfer the first
5082	5088		$10 million of the commissions collected in any given year under a
5083	5089		contract awarded under this section to the compensation to victims
5084	5090		of crime fund established by Subchapter J [B], Chapter 56B [56],
5085	5091		Code of Criminal Procedure. This section does not reduce any
5086	5092		appropriation to the department.
5087	5093		SECTION 2.47. Section 501.174, Government Code, is amended
5088	5094		to read as follows:
5089	5095		Sec. 501.174. DEPARTMENT TO ADOPT POLICY. The department
5090	5096		shall adopt a policy providing for:
5091	5097		(1) a designated administrator at each correctional
5092	5098		facility to post information throughout the facility describing how
5093	5099		an inmate may confidentially contact the ombudsperson regarding a
5094	5100		sexual assault;
5095	5101		(2) an inmate to write a confidential letter to the
5096	5102		ombudsperson regarding a sexual assault;
5097	5103		(3) employees at correctional facilities, on
5098	5104		notification of the occurrence of a sexual assault, to immediately:
5099	5105		(A) contact the ombudsperson and the office of
5100	5106		the inspector general; and
5101	5107		(B) ensure that the alleged victim is safe;
5102	5108		(4) the office of the inspector general, at the time
5103	5109		the office is notified of the sexual assault, to arrange for a
5104	5110		medical examination of the alleged victim to be conducted in
5105	5111		accordance with Subchapter F, Chapter 56A [Article 56.06], Code of
5106	5112		Criminal Procedure, or, if an appropriate employee of the office of
5107	5113		the inspector general is not available at the time the office is
5108	5114		notified of the sexual assault, a qualified employee at the
5109	5115		correctional facility to conduct a medical examination of the
5110	5116		alleged victim in accordance with that subchapter [Article 56.06,
5111	5117		Code of Criminal Procedure];
5112	5118		(5) a grievance proceeding under Section 501.008 based
5113	5119		on an alleged sexual assault to be exempt from any deadline
5114	5120		applicable to grievances initiated under that section; and
5115	5121		(6) each correctional facility to collect statistics
5116	5122		on all alleged sexual assaults against inmates confined in the
5117	5123		facility and to report the statistics to the ombudsperson.
5118	5124		SECTION 2.48. Section 508.191(c), Government Code, is
5119	5125		amended to read as follows:
5120	5126		(c) In this section, "victim" has the meaning assigned by
5121	5127		Article 56A.001 [56.01(3)], Code of Criminal Procedure.
5122	5128		SECTION 2.49. Sections 552.132(a), (c), and (d), Government
5123	5129		Code, are amended to read as follows:
5124	5130		(a) Except as provided by Subsection (d), in this section,
5125	5131		"crime victim or claimant" means a victim or claimant under
5126	5132		[Subchapter B,] Chapter 56B [56], Code of Criminal Procedure, who
5127	5133		has filed an application for compensation under that chapter
5128	5134		[subchapter].
5129	5135		(c) If the crime victim or claimant is awarded compensation
5130	5136		under Article 56B.103 or 56B.104 [Section 56.34], Code of Criminal
5131	5137		Procedure, as of the date of the award of compensation, the name of
5132	5138		the crime victim or claimant and the amount of compensation awarded
5133	5139		to that crime victim or claimant are public information and are not
5134	5140		excepted from the requirements of Section 552.021.
5135	5141		(d) An employee of a governmental body who is also a victim
5136	5142		under [Subchapter B,] Chapter 56B [56], Code of Criminal Procedure,
5137	5143		regardless of whether the employee has filed an application for
5138	5144		compensation under that chapter [subchapter], may elect whether to
5139	5145		allow public access to information held by the attorney general's
5140	5146		office or other governmental body that would identify or tend to
5141	5147		identify the victim, including a photograph or other visual
5142	5148		representation of the victim. An election under this subsection
5143	5149		must be made in writing on a form developed by the governmental
5144	5150		body, be signed by the employee, and be filed with the governmental
5145	5151		body before the third anniversary of the latest to occur of one of
5146	5152		the following:
5147	5153		(1) the date the crime was committed;
5148	5154		(2) the date employment begins; or
5149	5155		(3) the date the governmental body develops the form
5150	5156		and provides it to employees.
5151	5157		SECTION 2.50. Sections 552.1325(a)(1) and (2), Government
5152	5158		Code, are amended to read as follows:
5153	5159		(1) "Crime victim" means a person who is a victim as
5154	5160		defined by Article 56B.003 [56.32], Code of Criminal Procedure.
5155	5161		(2) "Victim impact statement" means a victim impact
5156	5162		statement under Subchapter D, Chapter 56A [Article 56.03], Code of
5157	5163		Criminal Procedure.
5158	5164		SECTION 2.51. Section 752.056(d), Government Code, is
5159	5165		amended to read as follows:
5160	5166		(d) A civil penalty collected under this section shall be
5161	5167		deposited to the credit of the compensation to victims of crime fund
5162	5168		established under Subchapter J [B], Chapter 56B [56], Code of
5163	5169		Criminal Procedure.
5164	5170		SECTION 2.52. Section 2009.053(a), Government Code, is
5165	5171		amended to read as follows:
5166	5172		(a) A governmental body may appoint a governmental officer
5167	5173		or employee or a private individual to serve as an impartial third
5168	5174		party in an alternative dispute resolution procedure. The
5169	5175		governmental body's appointment of the impartial third party is
5170	5176		subject to the approval of the parties, except:
5171	5177		(1) that when a State Office of Administrative
5172	5178		Hearings administrative law judge has issued an order referring a
5173	5179		case involving a state agency to an alternative dispute resolution
5174	5180		procedure under Section 2003.042(a)(5), the administrative law
5175	5181		judge may appoint the impartial third party for the parties if they
5176	5182		cannot agree on an impartial third party within a reasonable
5177	5183		period; or
5178	5184		(2) for a victim-offender mediation by the Texas
5179	5185		Department of Criminal Justice as described in Article 56A.602
5180	5186		[56.13], Code of Criminal Procedure.
5181	5187		SECTION 2.53. Section 181.059, Health and Safety Code, is
5182	5188		amended to read as follows:
5183	5189		Sec. 181.059. CRIME VICTIM COMPENSATION. This chapter does
5184	5190		not apply to any person or entity in connection with providing,
5185	5191		administering, supporting, or coordinating any of the benefits
5186	5192		regarding compensation to victims of crime as provided by
5187	5193		[Subchapter B,] Chapter 56B [56], Code of Criminal Procedure.
5188	5194		SECTION 2.54. Section 323.004(b), Health and Safety Code,
5189	5195		is amended to read as follows:
5190	5196		(b) A health care facility providing care to a sexual
5191	5197		assault survivor shall provide the survivor with:
5192	5198		(1) subject to Subsection (b-1), a forensic medical
5193	5199		examination in accordance with Subchapter B, Chapter 420,
5194	5200		Government Code, if the examination has been requested by a law
5195	5201		enforcement agency under Subchapter F, Chapter 56A [Article 56.06],
5196	5202		Code of Criminal Procedure, or is conducted under Subchapter G,
5197	5203		Chapter 56A [Article 56.065], Code of Criminal Procedure;
5198	5204		(2) a private area, if available, to wait or speak with
5199	5205		the appropriate medical, legal, or sexual assault crisis center
5200	5206		staff or volunteer until a physician, nurse, or physician assistant
5201	5207		is able to treat the survivor;
5202	5208		(3) access to a sexual assault program advocate, if
5203	5209		available, as provided by Subchapter H, Chapter 56A [Article
5204	5210		56.045], Code of Criminal Procedure;
5205	5211		(4) the information form required by Section 323.005;
5206	5212		(5) a private treatment room, if available;
5207	5213		(6) if indicated by the history of contact, access to
5208	5214		appropriate prophylaxis for exposure to sexually transmitted
5209	5215		infections; and
5210	5216		(7) the name and telephone number of the nearest
5211	5217		sexual assault crisis center.
5212	5218		SECTION 2.55. Section 323.005(a), Health and Safety Code,
5213	5219		is amended to read as follows:
5214	5220		(a) The department shall develop a standard information
5215	5221		form for sexual assault survivors that must include:
5216	5222		(1) a detailed explanation of the forensic medical
5217	5223		examination required to be provided by law, including a statement
5218	5224		that photographs may be taken of the genitalia;
5219	5225		(2) information regarding treatment of sexually
5220	5226		transmitted infections and pregnancy, including:
5221	5227		(A) generally accepted medical procedures;
5222	5228		(B) appropriate medications; and
5223	5229		(C) any contraindications of the medications
5224	5230		prescribed for treating sexually transmitted infections and
5225	5231		preventing pregnancy;
5226	5232		(3) information regarding drug-facilitated sexual
5227	5233		assault, including the necessity for an immediate urine test for
5228	5234		sexual assault survivors who may have been involuntarily drugged;
5229	5235		(4) information regarding crime victims compensation,
5230	5236		including:
5231	5237		(A) a statement that:
5232	5238		(i) a law enforcement agency will pay for
5233	5239		the forensic portion of an examination requested by the agency
5234	5240		under Subchapter F, Chapter 56A [Article 56.06], Code of Criminal
5235	5241		Procedure, and for the evidence collection kit; or
5236	5242		(ii) the Department of Public Safety will
5237	5243		pay the appropriate fees for the forensic portion of an examination
5238	5244		conducted under Subchapter G, Chapter 56A [Article 56.065], Code of
5239	5245		Criminal Procedure, and for the evidence collection kit; and
5240	5246		(B) reimbursement information for the medical
5241	5247		portion of the examination;
5242	5248		(5) an explanation that consent for the forensic
5243	5249		medical examination may be withdrawn at any time during the
5244	5250		examination;
5245	5251		(6) the name and telephone number of sexual assault
5246	5252		crisis centers statewide; and
5247	5253		(7) information regarding postexposure prophylaxis
5248	5254		for HIV infection.
5249	5255		SECTION 2.56. Section 241.007(e), Human Resources Code, is
5250	5256		amended to read as follows:
5251	5257		(e) The chief inspector general of the office of inspector
5252	5258		general, at the direction of the board of directors of the special
5253	5259		prosecution unit, shall notify the foreperson [foreman] of the
5254	5260		appropriate grand jury, in the manner provided by Article 20A.051
5255	5261		[20.09], Code of Criminal Procedure, if:
5256	5262		(1) the chief inspector general receives credible
5257	5263		evidence of illegal or improper conduct by department officers,
5258	5264		employees, or contractors that the inspector general reasonably
5259	5265		believes jeopardizes the health, safety, and welfare of children in
5260	5266		the custody of the department;
5261	5267		(2) the chief inspector general reasonably believes
5262	5268		the conduct:
5263	5269		(A) could constitute an offense under Article
5264	5270		104.003(a), Code of Criminal Procedure; and
5265	5271		(B) involves the alleged physical or sexual abuse
5266	5272		of a child in the custody of a department facility or an
5267	5273		investigation related to the alleged abuse; and
5268	5274		(3) the chief inspector general has reason to believe
5269	5275		that information concerning the conduct has not previously been
5270	5276		presented to the appropriate grand jury.
5271	5277		SECTION 2.57. Section 1701.253(b), Occupations Code, is
5272	5278		amended to read as follows:
5273	5279		(b) In establishing requirements under this section, the
5274	5280		commission shall require courses and programs to provide training
5275	5281		in:
5276	5282		(1) the investigation and documentation of cases that
5277	5283		involve:
5278	5284		(A) child abuse or neglect;
5279	5285		(B) family violence; and
5280	5286		(C) sexual assault;
5281	5287		(2) issues concerning sex offender characteristics;
5282	5288		and
5283	5289		(3) crime victims' rights under Chapter 56A [56], Code
5284	5290		of Criminal Procedure, and Chapter 57, Family Code, and the duty of
5285	5291		law enforcement agencies to ensure that a victim is afforded those
5286	5292		rights.
5287	5293		SECTION 2.58. Section 25.07(a), Penal Code, is amended to
5288	5294		read as follows:
5289	5295		(a) A person commits an offense if, in violation of a
5290	5296		condition of bond set in a family violence, sexual assault or abuse,
5291	5297		stalking, or trafficking case and related to the safety of a victim
5292	5298		or the safety of the community, an order issued under Subchapter A,
5293	5299		Chapter 7B [7A], Code of Criminal Procedure, an order issued under
5294	5300		Article 17.292, Code of Criminal Procedure, an order issued under
5295	5301		Section 6.504, Family Code, Chapter 83, Family Code, if the
5296	5302		temporary ex parte order has been served on the person, Chapter 85,
5297	5303		Family Code, or Subchapter F, Chapter 261, Family Code, or an order
5298	5304		issued by another jurisdiction as provided by Chapter 88, Family
5299	5305		Code, the person knowingly or intentionally:
5300	5306		(1) commits family violence or an act in furtherance
5301	5307		of an offense under Section 20A.02, 22.011, 22.021, or 42.072;
5302	5308		(2) communicates:
5303	5309		(A) directly with a protected individual or a
5304	5310		member of the family or household in a threatening or harassing
5305	5311		manner;
5306	5312		(B) a threat through any person to a protected
5307	5313		individual or a member of the family or household; or
5308	5314		(C) in any manner with the protected individual
5309	5315		or a member of the family or household except through the person's
5310	5316		attorney or a person appointed by the court, if the violation is of
5311	5317		an order described by this subsection and the order prohibits any
5312	5318		communication with a protected individual or a member of the family
5313	5319		or household;
5314	5320		(3) goes to or near any of the following places as
5315	5321		specifically described in the order or condition of bond:
5316	5322		(A) the residence or place of employment or
5317	5323		business of a protected individual or a member of the family or
5318	5324		household; or
5319	5325		(B) any child care facility, residence, or school
5320	5326		where a child protected by the order or condition of bond normally
5321	5327		resides or attends;
5322	5328		(4) possesses a firearm;
5323	5329		(5) harms, threatens, or interferes with the care,
5324	5330		custody, or control of a pet, companion animal, or assistance
5325	5331		animal that is possessed by a person protected by the order or
5326	5332		condition of bond; or
5327	5333		(6) removes, attempts to remove, or otherwise tampers
5328	5334		with the normal functioning of a global positioning monitoring
5329	5335		system.
5330	5336		SECTION 2.59. Section 25.071(a), Penal Code, is amended to
5331	5337		read as follows:
5332	5338		(a) A person commits an offense if, in violation of an order
5333	5339		issued under Subchapter C, Chapter 7B [Article 6.08], Code of
5334	5340		Criminal Procedure, the person knowingly or intentionally:
5335	5341		(1) commits an offense under Title 5 or Section 28.02,
5336	5342		28.03, or 28.08 and commits the offense because of bias or prejudice
5337	5343		as described by Article 42.014, Code of Criminal Procedure;
5338	5344		(2) communicates:
5339	5345		(A) directly with a protected individual in a
5340	5346		threatening or harassing manner;
5341	5347		(B) a threat through any person to a protected
5342	5348		individual; or
5343	5349		(C) in any manner with the protected individual,
5344	5350		if the order prohibits any communication with a protected
5345	5351		individual; or
5346	5352		(3) goes to or near the residence or place of
5347	5353		employment or business of a protected individual.
5348	5354		SECTION 2.60. Section 46.04(c), Penal Code, is amended to
5349	5355		read as follows:
5350	5356		(c) A person, other than a peace officer, as defined by
5351	5357		Section 1.07, actively engaged in employment as a sworn, full-time
5352	5358		paid employee of a state agency or political subdivision, who is
5353	5359		subject to an order issued under Section 6.504 or Chapter 85, Family
5354	5360		Code, under Article 17.292 or Subchapter A, Chapter 7B [7A], Code of
5355	5361		Criminal Procedure, or by another jurisdiction as provided by
5356	5362		Chapter 88, Family Code, commits an offense if the person possesses
5357	5363		a firearm after receiving notice of the order and before expiration
5358	5364		of the order.
5359	5365		SECTION 2.61. Section 77.051(a), Property Code, is amended
5360	5366		to read as follows:
5361	5367		(a) Notwithstanding the confidentiality provisions of
5362	5368		Subchapters C, D, E, and F, Chapter 58 [Chapters 57, 57A, 57B, and
5363	5369		57D], Code of Criminal Procedure, each holder who on March 1 holds
5364	5370		an unclaimed restitution payment that is presumed abandoned under
5365	5371		Section 76.013 or 508.322, Government Code, shall file a property
5366	5372		report with the comptroller on or before the following July 1. The
5367	5373		comptroller may prescribe the form to be used for the report
5368	5374		required by this section and may require the report to be filed
5369	5375		electronically.
5370	5376		SECTION 2.62. Section 77.252(a), Property Code, is amended
5371	5377		to read as follows:
5372	5378		(a) Except as provided by Subsection (b) and Chapter 56B
5373	5379		[56], Code of Criminal Procedure, money in the compensation to
5374	5380		victims of crime auxiliary fund may only be used to pay claims as
5375	5381		provided by this chapter and is not available for any other
5376	5382		purpose. Section 403.095, Government Code, does not apply to the
5377	5383		fund.
5378	5384		SECTION 2.63. Sections 92.0161(c) and (c-1), Property Code,
5379	5385		are amended to read as follows:
5380	5386		(c) If the tenant is a victim or a parent or guardian of a
5381	5387		victim of sexual assault under Section 22.011, Penal Code,
5382	5388		aggravated sexual assault under Section 22.021, Penal Code,
5383	5389		indecency with a child under Section 21.11, Penal Code, sexual
5384	5390		performance by a child under Section 43.25, Penal Code, continuous
5385	5391		sexual abuse of a child under Section 21.02, Penal Code, or an
5386	5392		attempt to commit any of the foregoing offenses under Section
5387	5393		15.01, Penal Code, that takes place during the preceding six-month
5388	5394		period on the premises or at any dwelling on the premises, the
5389	5395		tenant shall provide to the landlord or the landlord's agent a copy
5390	5396		of:
5391	5397		(1) documentation of the assault or abuse, or
5392	5398		attempted assault or abuse, of the victim from a licensed health
5393	5399		care services provider who examined the victim;
5394	5400		(2) documentation of the assault or abuse, or
5395	5401		attempted assault or abuse, of the victim from a licensed mental
5396	5402		health services provider who examined or evaluated the victim;
5397	5403		(3) documentation of the assault or abuse, or
5398	5404		attempted assault or abuse, of the victim from an individual
5399	5405		authorized under Chapter 420, Government Code, who provided
5400	5406		services to the victim; or
5401	5407		(4) documentation of a protective order issued under
5402	5408		Subchapter A, Chapter 7B [7A], Code of Criminal Procedure, except
5403	5409		for a temporary ex parte order.
5404	5410		(c-1) If the tenant is a victim or a parent or guardian of a
5405	5411		victim of stalking under Section 42.072, Penal Code, that takes
5406	5412		place during the preceding six-month period on the premises or at
5407	5413		any dwelling on the premises, the tenant shall provide to the
5408	5414		landlord or the landlord's agent a copy of:
5409	5415		(1) documentation of a protective order issued under
5410	5416		Subchapter A or B, Chapter 7B [7A or Article 6.09], Code of Criminal
5411	5417		Procedure, except for a temporary ex parte order; or
5412	5418		(2) documentation of the stalking from a provider of
5413	5419		services described by Subsection (c)(1), (2), or (3) and:
5414	5420		(A) a law enforcement incident report or, if a
5415	5421		law enforcement incident report is unavailable, another record
5416	5422		maintained in the ordinary course of business by a law enforcement
5417	5423		agency; and
5418	5424		(B) if the report or record described by
5419	5425		Paragraph (A) identifies the victim by means of a pseudonym, as
5420	5426		defined by Article 58.001 [57A.01], Code of Criminal Procedure, a
5421	5427		copy of a pseudonym form completed and returned under Article
5422	5428		58.152(a) [57A.02] of that code.
5423	5429		SECTION 2.64. Section 11.43(j), Tax Code, is amended to
5424	5430		read as follows:
5425	5431		(j) In addition to the items required by Subsection (f), an
5426	5432		application for a residence homestead exemption prescribed by the
5427	5433		comptroller and authorized by Section 11.13 must:
5428	5434		(1) list each owner of the residence homestead and the
5429	5435		interest of each owner;
5430	5436		(2) state that the applicant does not claim an
5431	5437		exemption under that section on another residence homestead in this
5432	5438		state or claim a residence homestead exemption on a residence
5433	5439		homestead outside this state;
5434	5440		(3) state that each fact contained in the application
5435	5441		is true;
5436	5442		(4) include a copy of the applicant's driver's license
5437	5443		or state-issued personal identification certificate unless the
5438	5444		applicant:
5439	5445		(A) is a resident of a facility that provides
5440	5446		services related to health, infirmity, or aging; or
5441	5447		(B) is certified for participation in the address
5442	5448		confidentiality program administered by the attorney general under
5443	5449		Subchapter B [C], Chapter 58 [56], Code of Criminal Procedure;
5444	5450		(5) state that the applicant has read and understands
5445	5451		the notice of the penalties required by Subsection (f); and
5446	5452		(6) be signed by the applicant.
5447	5453		SECTION 2.65. Section 25.025(a), Tax Code, as amended by
5448	5454		Chapters 34 (S.B. 1576), 41 (S.B. 256), 193 (S.B. 510), 1006 (H.B.
5449	5455		1278), and 1145 (H.B. 457), Acts of the 85th Legislature, Regular
5450	5456		Session, 2017, is reenacted and amended to read as follows:
5451	5457		(a) This section applies only to:
5452	5458		(1) a current or former peace officer as defined by
5453	5459		Article 2.12, Code of Criminal Procedure, and the spouse or
5454	5460		surviving spouse of the peace officer;
5455	5461		(2) the adult child of a current peace officer as
5456	5462		defined by Article 2.12, Code of Criminal Procedure;
5457	5463		(3) a county jailer as defined by Section 1701.001,
5458	5464		Occupations Code;
5459	5465		(4) an employee of the Texas Department of Criminal
5460	5466		Justice;
5461	5467		(5) a commissioned security officer as defined by
5462	5468		Section 1702.002, Occupations Code;
5463	5469		(6) an individual who shows that the individual, the
5464	5470		individual's child, or another person in the individual's household
5465	5471		is a victim of family violence as defined by Section 71.004, Family
5466	5472		Code, by providing:
5467	5473		(A) a copy of a protective order issued under
5468	5474		Chapter 85, Family Code, or a magistrate's order for emergency
5469	5475		protection issued under Article 17.292, Code of Criminal Procedure;
5470	5476		or
5471	5477		(B) other independent documentary evidence
5472	5478		necessary to show that the individual, the individual's child, or
5473	5479		another person in the individual's household is a victim of family
5474	5480		violence;
5475	5481		(7) [(6)] an individual who shows that the individual,
5476	5482		the individual's child, or another person in the individual's
5477	5483		household is a victim of sexual assault or abuse, stalking, or
5478	5484		trafficking of persons by providing:
5479	5485		(A) a copy of a protective order issued under
5480	5486		Subchapter A or B, Chapter 7B [7A or Article 6.09], Code of Criminal
5481	5487		Procedure, or a magistrate's order for emergency protection issued
5482	5488		under Article 17.292, Code of Criminal Procedure; or
5483	5489		(B) other independent documentary evidence
5484	5490		necessary to show that the individual, the individual's child, or
5485	5491		another person in the individual's household is a victim of sexual
5486	5492		assault or abuse, stalking, or trafficking of persons;
5487	5493		(8) [(7)] a participant in the address
5488	5494		confidentiality program administered by the attorney general under
5489	5495		Subchapter B [C], Chapter 58 [56], Code of Criminal Procedure, who
5490	5496		provides proof of certification under Article 58.059 [56.84], Code
5491	5497		of Criminal Procedure;
5492	5498		(9) [(8)] a federal judge, a state judge, or the
5493	5499		spouse of a federal judge or state judge;
5494	5500		(10) a current or former district attorney, criminal
5495	5501		district attorney, or county or municipal attorney whose
5496	5502		jurisdiction includes any criminal law or child protective services
5497	5503		matters;
5498	5504		(11) [(9)] a current or former employee of a district
5499	5505		attorney, criminal district attorney, or county or municipal
5500	5506		attorney whose jurisdiction includes any criminal law or child
5501	5507		protective services matters;
5502	5508		(12) [(10)] an officer or employee of a community
5503	5509		supervision and corrections department established under Chapter
5504	5510		76, Government Code, who performs a duty described by Section
5505	5511		76.004(b) of that code;
5506	5512		(13) [(11)] a criminal investigator of the United
5507	5513		States as described by Article 2.122(a), Code of Criminal
5508	5514		Procedure;
5509	5515		(14) [(12)] a police officer or inspector of the
5510	5516		United States Federal Protective Service;
5511	5517		(15) [(13)] a current or former United States attorney
5512	5518		or assistant United States attorney and the spouse and child of the
5513	5519		attorney;
5514	5520		(16) [(14)] a current or former employee of the office
5515	5521		of the attorney general who is or was assigned to a division of that
5516	5522		office the duties of which involve law enforcement;
5517	5523		(17) [(15)] a medical examiner or person who performs
5518	5524		forensic analysis or testing who is employed by this state or one or
5519	5525		more political subdivisions of this state;
5520	5526		(18) [(16)] a current or former member of the United
5521	5527		States armed forces who has served in an area that the president of
5522	5528		the United States by executive order designates for purposes of 26
5523	5529		U.S.C. Section 112 as an area in which armed forces of the United
5524	5530		States are or have engaged in combat;
5525	5531		(19) [(17)] a current or former employee of the Texas
5526	5532		Juvenile Justice Department or of the predecessors in function of
5527	5533		the department;
5528	5534		(20) [(18)] a current or former juvenile probation or
5529	5535		supervision officer certified by the Texas Juvenile Justice
5530	5536		Department, or the predecessors in function of the department,
5531	5537		under Title 12, Human Resources Code;
5532	5538		(21) [(19)] a current or former employee of a juvenile
5533	5539		justice program or facility, as those terms are defined by Section
5534	5540		261.405, Family Code; [and]
5535	5541		(22) [(18)] a current or former employee of the Texas
5536	5542		Civil Commitment Office or the predecessor in function of the
5537	5543		office or a division of the office; and
5538	5544		(23) [(18)] a current or former employee of a federal
5539	5545		judge or state judge.
5540	5546		ARTICLE 3. REPEALER
5541	5547		SECTION 3.01. The following provisions of the Code of
5542	5548		Criminal Procedure are repealed:
5543	5549		(1) Articles 6.08 and 6.09; and
5544	5550		(2) Chapters 7A, 19, 20, 54, 56, 57, 57A, 57B, 57C, and
5545	5551		57D.
5546	5552		ARTICLE 4. GENERAL MATTERS
5547	5553		SECTION 4.01. This Act is enacted under Section 43, Article
5548	5554		III, Texas Constitution. This Act is intended as a codification
5549	5555		only, and no substantive change in the law is intended by this Act.
5550	5556		SECTION 4.02. (a) Chapter 311, Government Code (Code
5551	5557		Construction Act), applies to the construction of each provision in
5552	5558		the Code of Criminal Procedure that is enacted under Section 43,
5553	5559		Article III, Texas Constitution (authorizing the continuing
5554	5560		statutory revision program), in the same manner as to a code enacted
5555	5561		under the continuing statutory revision program, except as
5556	5562		otherwise expressly provided by the Code of Criminal Procedure.
5557	5563		(b) A reference in a law to a statute or a part of a statute
5558	5564		in the Code of Criminal Procedure enacted under Section 43, Article
5559	5565		III, Texas Constitution (authorizing the continuing statutory
5560	5566		revision program), is considered to be a reference to the part of
5561	5567		that code that revises that statute or part of that statute.
5562	5568		SECTION 4.03. This Act takes effect January 1, 2021.
5563		-	______________________________ ______________________________
5564		-	President of the Senate Speaker of the House
5565		-	I certify that H.B. No. 4173 was passed by the House on April
5566		-	26, 2019, by the following vote: Yeas 139, Nays 0, 2 present, not
5567		-	voting.
5568		-	______________________________
5569		-	Chief Clerk of the House
5570		-	I certify that H.B. No. 4173 was passed by the Senate on May
5571		-	21, 2019, by the following vote: Yeas 31, Nays 0.
5572		-	______________________________
5573		-	Secretary of the Senate
5574		-	APPROVED: _____________________
5575		-	Date
5576		-	_____________________
5577		-	Governor
	5569	+	* * * * *