88R16147 CJD-F
By: Thompson of Harris H.B. No. 3786
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of the rights of crime victims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 56A.051, Code of Criminal Procedure, is
amended by adding Subsections (d), (e), (f), and (g) to read as
follows:
(d) A victim, guardian of a victim, or close relative of a
deceased victim may assert and seek enforcement of any right
granted by this subchapter, either orally or in writing.
(e) The attorney representing the state or an attorney
representing a victim, guardian of a victim, or close relative of a
deceased victim may assert a right granted by this subchapter to the
victim, guardian, or relative, or request enforcement of the right,
by filing a motion, petition for a writ of mandamus, or action for
injunctive or declaratory relief in a trial or appellate court with
jurisdiction over the case.
(f) If the court determines, after a hearing at which all
parties have an opportunity to testify, that a right of a victim,
guardian of a victim, or close relative of a deceased victim has
been violated, the court shall order that the victim, guardian, or
relative be provided the right to which the victim, guardian, or
relative was entitled.
(g) A remedy ordered under Subsection (f) may not change
the:
(1) verdict;
(2) sentence imposed;
(3) terms of an accepted plea bargain agreement; or
(4) outcome of a parole hearing.
SECTION 2. This Act takes effect September 1, 2023.