| 1 | 1 | | 88R16147 CJD-F |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 3786 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the enforcement of the rights of crime victims. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article 56A.051, Code of Criminal Procedure, is |
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| 10 | 10 | | amended by adding Subsections (d), (e), (f), and (g) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (d) A victim, guardian of a victim, or close relative of a |
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| 13 | 13 | | deceased victim may assert and seek enforcement of any right |
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| 14 | 14 | | granted by this subchapter, either orally or in writing. |
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| 15 | 15 | | (e) The attorney representing the state or an attorney |
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| 16 | 16 | | representing a victim, guardian of a victim, or close relative of a |
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| 17 | 17 | | deceased victim may assert a right granted by this subchapter to the |
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| 18 | 18 | | victim, guardian, or relative, or request enforcement of the right, |
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| 19 | 19 | | by filing a motion, petition for a writ of mandamus, or action for |
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| 20 | 20 | | injunctive or declaratory relief in a trial or appellate court with |
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| 21 | 21 | | jurisdiction over the case. |
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| 22 | 22 | | (f) If the court determines, after a hearing at which all |
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| 23 | 23 | | parties have an opportunity to testify, that a right of a victim, |
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| 24 | 24 | | guardian of a victim, or close relative of a deceased victim has |
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| 25 | 25 | | been violated, the court shall order that the victim, guardian, or |
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| 26 | 26 | | relative be provided the right to which the victim, guardian, or |
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| 27 | 27 | | relative was entitled. |
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| 28 | 28 | | (g) A remedy ordered under Subsection (f) may not change |
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| 29 | 29 | | the: |
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| 30 | 30 | | (1) verdict; |
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| 31 | 31 | | (2) sentence imposed; |
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| 32 | 32 | | (3) terms of an accepted plea bargain agreement; or |
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| 33 | 33 | | (4) outcome of a parole hearing. |
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| 34 | 34 | | SECTION 2. This Act takes effect September 1, 2023. |
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