Texas 2023 - 88th Regular

Texas House Bill HB4216 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R22783 MEW-D
2	2	By: Morales of Harris, Darby, Leach, Bowers H.B. No. 4216
3	3	Substitute the following for H.B. No. 4216:
4	4	By: Moody C.S.H.B. No. 4216
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain notifications related to the rights of crime
10	10	victims.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 56A.051(a), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(a) A victim, guardian of a victim, or close relative of a
15	15	deceased victim is entitled to the following rights within the
16	16	criminal justice system:
17	17	(1) the right to receive from a law enforcement agency
18	18	adequate protection from harm and threats of harm arising from
19	19	cooperation with prosecution efforts;
20	20	(2) the right to have the magistrate consider the
21	21	safety of the victim or the victim's family in setting the amount of
22	22	bail for the defendant;
23	23	(3) if requested, the right to be informed in the
24	24	manner provided by Article 56A.0525:
25	25	(A) by the attorney representing the state of
26	26	relevant court proceedings, including appellate proceedings, and
27	27	to be informed if those proceedings have been canceled or
28	28	rescheduled before the event; and
29	29	(B) by an appellate court of the court's
30	30	decisions, after the decisions are entered but before the decisions
31	31	are made public;
32	32	(4) when requested, the right to be informed in the
33	33	manner provided by Article 56A.0525:
34	34	(A) by a peace officer concerning the defendant's
35	35	right to bail and the procedures in criminal investigations; and
36	36	(B) by the office of the attorney representing
37	37	the state concerning the general procedures in the criminal justice
38	38	system, including general procedures in guilty plea negotiations
39	39	and arrangements, restitution, and the appeals and parole process;
40	40	(5) the right to provide pertinent information to a
41	41	community supervision and corrections department conducting a
42	42	presentencing investigation concerning the impact of the offense on
43	43	the victim and the victim's family by testimony, written statement,
44	44	or any other manner before any sentencing of the defendant;
45	45	(6) the right to receive information, in the manner
46	46	provided by Article 56A.0525, regarding compensation to victims of
47	47	crime as provided by Chapter 56B, including information related to
48	48	the costs that may be compensated under that chapter and the amount
49	49	of compensation, eligibility for compensation, and procedures for
50	50	application for compensation under that chapter, the payment for a
51	51	forensic medical examination under Article 56A.252 for a victim of
52	52	an alleged sexual assault, and when requested, to referral to
53	53	available social service agencies that may offer additional
54	54	assistance;
55	55	(7) the right to:
56	56	(A) be informed, on request, and in the manner
57	57	provided by Article 56A.0525, of parole procedures;
58	58	(B) participate in the parole process;
59	59	(C) provide to the board for inclusion in the
60	60	defendant's file information to be considered by the board before
61	61	the parole of any defendant convicted of any offense subject to this
62	62	chapter; and
63	63	(D) be notified in the manner provided by Article
64	64	56A.0525, if requested, of parole proceedings concerning a
65	65	defendant in the victim's case and of the defendant's release;
66	66	(8) the right to be provided with a waiting area,
67	67	separate or secure from other witnesses, including the defendant
68	68	and relatives of the defendant, before testifying in any proceeding
69	69	concerning the defendant; if a separate waiting area is not
70	70	available, other safeguards should be taken to minimize the
71	71	victim's contact with the defendant and the defendant's relatives
72	72	and witnesses, before and during court proceedings;
73	73	(9) the right to the prompt return of any of the
74	74	victim's property that is held by a law enforcement agency or the
75	75	attorney representing the state as evidence when the property is no
76	76	longer required for that purpose;
77	77	(10) the right to have the attorney representing the
78	78	state notify the victim's employer, if requested, that the victim's
79	79	cooperation and testimony is necessary in a proceeding that may
80	80	require the victim to be absent from work for good cause;
81	81	(11) the right to request victim-offender mediation
82	82	coordinated by the victim services division of the department;
83	83	(12) the right to be informed, in the manner provided
84	84	by Article 56A.0525, of the uses of a victim impact statement and
85	85	the statement's purpose in the criminal justice system as described
86	86	by Subchapter D, to complete the victim impact statement, and to
87	87	have the victim impact statement considered:
88	88	(A) by the attorney representing the state and
89	89	the judge before sentencing or before a plea bargain agreement is
90	90	accepted; and
91	91	(B) by the board before a defendant is released
92	92	on parole;
93	93	(13) for a victim of an assault or sexual assault who
94	94	is younger than 17 years of age or whose case involves family
95	95	violence, as defined by Section 71.004, Family Code, the right to
96	96	have the court consider the impact on the victim of a continuance
97	97	requested by the defendant; if requested by the attorney
98	98	representing the state or by the defendant's attorney, the court
99	99	shall state on the record the reason for granting or denying the
100	100	continuance; and
101	101	(14) if the offense is a capital felony, the right to:
102	102	(A) receive by mail from the court a written
103	103	explanation of defense-initiated victim outreach if the court has
104	104	authorized expenditures for a defense-initiated victim outreach
105	105	specialist;
106	106	(B) not be contacted by the victim outreach
107	107	specialist unless the victim, guardian, or relative has consented
108	108	to the contact by providing a written notice to the court; and
109	109	(C) designate a victim service provider to
110	110	receive all communications from a victim outreach specialist acting
111	111	on behalf of any person.
112	112	SECTION 2. Articles 56A.052(a), (b), (d), and (e), Code of
113	113	Criminal Procedure, are amended to read as follows:
114	114	(a) If the offense is a sexual assault, a victim, guardian
115	115	of a victim, or close relative of a deceased victim is entitled to
116	116	the following rights within the criminal justice system:
117	117	(1) if requested, the right to a disclosure of
118	118	information, in the manner provided by Article 56A.0525, regarding:
119	119	(A) any evidence that was collected during the
120	120	investigation of the offense, unless disclosing the information
121	121	would interfere with the investigation or prosecution of the
122	122	offense, in which event the victim, guardian, or relative shall be
123	123	informed of the estimated date on which that information is
124	124	expected to be disclosed; and
125	125	(B) the status of any analysis being performed of
126	126	any evidence described by Paragraph (A);
127	127	(2) if requested, the right to be notified in the
128	128	manner provided by Article 56A.0525:
129	129	(A) at the time a request is submitted to a crime
130	130	laboratory to process and analyze any evidence that was collected
131	131	during the investigation of the offense;
132	132	(B) at the time of the submission of a request to
133	133	compare any biological evidence collected during the investigation
134	134	of the offense with DNA profiles maintained in a state or federal
135	135	DNA database; and
136	136	(C) of the results of the comparison described by
137	137	Paragraph (B), unless disclosing the results would interfere with
138	138	the investigation or prosecution of the offense, in which event the
139	139	victim, guardian, or relative shall be informed of the estimated
140	140	date on which those results are expected to be disclosed;
141	141	(3) if requested, the right to counseling regarding
142	142	acquired immune deficiency syndrome (AIDS) and human
143	143	immunodeficiency virus (HIV) infection; and
144	144	(4) for the victim, the right to:
145	145	(A) testing for acquired immune deficiency
146	146	syndrome (AIDS), human immunodeficiency virus (HIV) infection,
147	147	antibodies to HIV, or infection with any other probable causative
148	148	agent of AIDS; and
149	149	(B) a forensic medical examination to the extent
150	150	provided by Subchapters F and G if, within 120 hours of the offense:
151	151	(i) the offense is reported to a law
152	152	enforcement agency; or
153	153	(ii) a forensic medical examination is
154	154	otherwise conducted at a health care provider.
155	155	(b) A victim, guardian of a victim, or close relative of a
156	156	deceased victim who requests to be notified under Subsection (a)(2)
157	157	must provide a current address and phone number to the attorney
158	158	representing the state and the law enforcement agency that is
159	159	investigating the offense. The victim, guardian, or relative must
160	160	inform the attorney representing the state and the law enforcement
161	161	agency of any change in the address or phone number. The victim,
162	162	guardian, or relative must provide an e-mail address and update any
163	163	change in that e-mail address if the victim, guardian, or relative
164	164	chooses to receive notifications by e-mail.
165	165	(d) This subsection applies only to a victim of an offense
166	166	under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,
167	167	42.072, or 43.05, Penal Code. A victim described by this
168	168	subsection or a parent or guardian of the victim, if the victim is
169	169	younger than 18 years of age or an adult ward, is entitled to the
170	170	following rights within the criminal justice system:
171	171	(1) the right to be informed in the manner provided by
172	172	Article 56A.0525:
173	173	(A) that the victim or, if the victim is younger
174	174	than 18 years of age or an adult ward, the victim's parent or
175	175	guardian or another adult acting on the victim's behalf may file an
176	176	application for a protective order under Article 7B.001;
177	177	(B) of the court in which the application for a
178	178	protective order may be filed;
179	179	(C) that, on request of the victim or, if the
180	180	victim is younger than 18 years of age or an adult ward, on request
181	181	of the victim's parent or guardian or another adult acting on the
182	182	victim's behalf, the attorney representing the state may, subject
183	183	to the Texas Disciplinary Rules of Professional Conduct, file the
184	184	application for a protective order on behalf of the requestor; and
185	185	(D) that, subject to the Texas Disciplinary Rules
186	186	of Professional Conduct, the attorney representing the state
187	187	generally is required to file the application for a protective
188	188	order with respect to the victim if the defendant is convicted of or
189	189	placed on deferred adjudication community supervision for the
190	190	offense;
191	191	(2) the right to:
192	192	(A) request that the attorney representing the
193	193	state, subject to the Texas Disciplinary Rules of Professional
194	194	Conduct, file an application for a protective order described by
195	195	Subdivision (1); and
196	196	(B) be notified in the manner provided by Article
197	197	56A.0525 when the attorney representing the state files an
198	198	application for a protective order under Article 7B.001;
199	199	(3) if the victim or the victim's parent or guardian,
200	200	as applicable, is present when the defendant is convicted or placed
201	201	on deferred adjudication community supervision, the right to:
202	202	(A) be given by the court the information
203	203	described by Subdivision (1), in the manner provided by Article
204	204	56A.0525; and
205	205	(B) file an application for a protective order
206	206	under Article 7B.001 immediately following the defendant's
207	207	conviction or placement on deferred adjudication community
208	208	supervision if the court has jurisdiction over the application; and
209	209	(4) if the victim or the victim's parent or guardian,
210	210	as applicable, is not present when the defendant is convicted or
211	211	placed on deferred adjudication community supervision, the right to
212	212	be given by the attorney representing the state the information
213	213	described by Subdivision (1), in the manner provided by Article
214	214	56A.0525.
215	215	(e) A victim of an offense under Section 20A.02, 20A.03, or
216	216	43.05, Penal Code, is entitled to be informed, in the manner
217	217	provided by Article 56A.0525, that the victim may petition for an
218	218	order of nondisclosure of criminal history record information under
219	219	Section 411.0728, Government Code, if the victim:
220	220	(1) has been convicted of or placed on deferred
221	221	adjudication community supervision for an offense described by
222	222	Subsection (a)(1) of that section; and
223	223	(2) committed that offense solely as a victim of an
224	224	offense under Section 20A.02, 20A.03, or 43.05, Penal Code.
225	225	SECTION 3. Subchapter B, Chapter 56A, Code of Criminal
226	226	Procedure, is amended by adding Article 56A.0525 to read as
227	227	follows:
228	228	Art. 56A.0525. AUTHORIZED FORM OF NOTIFICATIONS. For
229	229	purposes of this subchapter, a judge, attorney representing the
230	230	state, peace officer, or law enforcement agency that is required to
231	231	notify, inform, or disclose information to a victim, guardian of a
232	232	victim, or close relative of a deceased victim in accordance with a
233	233	right granted under this subchapter shall provide the notification
234	234	or information in the following manner:
235	235	(1) electronically, including by text message,
236	236	videoconference, or e-mail;
237	237	(2) by mail;
238	238	(3) through an anonymous, online portal; or
239	239	(4) by contacting by telephone or otherwise making
240	240	personal contact with the victim, guardian, or relative, as
241	241	applicable.
242	242	SECTION 4. This Act takes effect September 1, 2023.