88R22783 MEW-D
By: Morales of Harris, Darby, Leach, Bowers H.B. No. 4216
Substitute the following for H.B. No. 4216:
By: Moody C.S.H.B. No. 4216
A BILL TO BE ENTITLED
AN ACT
relating to certain notifications related to the rights of crime
victims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 56A.051(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A victim, guardian of a victim, or close relative of a
deceased victim is entitled to the following rights within the
criminal justice system:
(1) the right to receive from a law enforcement agency
adequate protection from harm and threats of harm arising from
cooperation with prosecution efforts;
(2) the right to have the magistrate consider the
safety of the victim or the victim's family in setting the amount of
bail for the defendant;
(3) if requested, the right to be informed in the
manner provided by Article 56A.0525:
(A) by the attorney representing the state of
relevant court proceedings, including appellate proceedings, and
to be informed if those proceedings have been canceled or
rescheduled before the event; and
(B) by an appellate court of the court's
decisions, after the decisions are entered but before the decisions
are made public;
(4) when requested, the right to be informed in the
manner provided by Article 56A.0525:
(A) by a peace officer concerning the defendant's
right to bail and the procedures in criminal investigations; and
(B) by the office of the attorney representing
the state concerning the general procedures in the criminal justice
system, including general procedures in guilty plea negotiations
and arrangements, restitution, and the appeals and parole process;
(5) the right to provide pertinent information to a
community supervision and corrections department conducting a
presentencing investigation concerning the impact of the offense on
the victim and the victim's family by testimony, written statement,
or any other manner before any sentencing of the defendant;
(6) the right to receive information, in the manner
provided by Article 56A.0525, regarding compensation to victims of
crime as provided by Chapter 56B, including information related to
the costs that may be compensated under that chapter and the amount
of compensation, eligibility for compensation, and procedures for
application for compensation under that chapter, the payment for a
forensic medical examination under Article 56A.252 for a victim of
an alleged sexual assault, and when requested, to referral to
available social service agencies that may offer additional
assistance;
(7) the right to:
(A) be informed, on request, and in the manner
provided by Article 56A.0525, of parole procedures;
(B) participate in the parole process;
(C) provide to the board for inclusion in the
defendant's file information to be considered by the board before
the parole of any defendant convicted of any offense subject to this
chapter; and
(D) be notified in the manner provided by Article
56A.0525, if requested, of parole proceedings concerning a
defendant in the victim's case and of the defendant's release;
(8) the right to be provided with a waiting area,
separate or secure from other witnesses, including the defendant
and relatives of the defendant, before testifying in any proceeding
concerning the defendant; if a separate waiting area is not
available, other safeguards should be taken to minimize the
victim's contact with the defendant and the defendant's relatives
and witnesses, before and during court proceedings;
(9) the right to the prompt return of any of the
victim's property that is held by a law enforcement agency or the
attorney representing the state as evidence when the property is no
longer required for that purpose;
(10) the right to have the attorney representing the
state notify the victim's employer, if requested, that the victim's
cooperation and testimony is necessary in a proceeding that may
require the victim to be absent from work for good cause;
(11) the right to request victim-offender mediation
coordinated by the victim services division of the department;
(12) the right to be informed, in the manner provided
by Article 56A.0525, of the uses of a victim impact statement and
the statement's purpose in the criminal justice system as described
by Subchapter D, to complete the victim impact statement, and to
have the victim impact statement considered:
(A) by the attorney representing the state and
the judge before sentencing or before a plea bargain agreement is
accepted; and
(B) by the board before a defendant is released
on parole;
(13) for a victim of an assault or sexual assault who
is younger than 17 years of age or whose case involves family
violence, as defined by Section 71.004, Family Code, the right to
have the court consider the impact on the victim of a continuance
requested by the defendant; if requested by the attorney
representing the state or by the defendant's attorney, the court
shall state on the record the reason for granting or denying the
continuance; and
(14) if the offense is a capital felony, the right to:
(A) receive by mail from the court a written
explanation of defense-initiated victim outreach if the court has
authorized expenditures for a defense-initiated victim outreach
specialist;
(B) not be contacted by the victim outreach
specialist unless the victim, guardian, or relative has consented
to the contact by providing a written notice to the court; and
(C) designate a victim service provider to
receive all communications from a victim outreach specialist acting
on behalf of any person.
SECTION 2. Articles 56A.052(a), (b), (d), and (e), Code of
Criminal Procedure, are amended to read as follows:
(a) If the offense is a sexual assault, a victim, guardian
of a victim, or close relative of a deceased victim is entitled to
the following rights within the criminal justice system:
(1) if requested, the right to a disclosure of
information, in the manner provided by Article 56A.0525, regarding:
(A) any evidence that was collected during the
investigation of the offense, unless disclosing the information
would interfere with the investigation or prosecution of the
offense, in which event the victim, guardian, or relative shall be
informed of the estimated date on which that information is
expected to be disclosed; and
(B) the status of any analysis being performed of
any evidence described by Paragraph (A);
(2) if requested, the right to be notified in the
manner provided by Article 56A.0525:
(A) at the time a request is submitted to a crime
laboratory to process and analyze any evidence that was collected
during the investigation of the offense;
(B) at the time of the submission of a request to
compare any biological evidence collected during the investigation
of the offense with DNA profiles maintained in a state or federal
DNA database; and
(C) of the results of the comparison described by
Paragraph (B), unless disclosing the results would interfere with
the investigation or prosecution of the offense, in which event the
victim, guardian, or relative shall be informed of the estimated
date on which those results are expected to be disclosed;
(3) if requested, the right to counseling regarding
acquired immune deficiency syndrome (AIDS) and human
immunodeficiency virus (HIV) infection; and
(4) for the victim, the right to:
(A) testing for acquired immune deficiency
syndrome (AIDS), human immunodeficiency virus (HIV) infection,
antibodies to HIV, or infection with any other probable causative
agent of AIDS; and
(B) a forensic medical examination to the extent
provided by Subchapters F and G if, within 120 hours of the offense:
(i) the offense is reported to a law
enforcement agency; or
(ii) a forensic medical examination is
otherwise conducted at a health care provider.
(b) A victim, guardian of a victim, or close relative of a
deceased victim who requests to be notified under Subsection (a)(2)
must provide a current address and phone number to the attorney
representing the state and the law enforcement agency that is
investigating the offense. The victim, guardian, or relative must
inform the attorney representing the state and the law enforcement
agency of any change in the address or phone number. The victim,
guardian, or relative must provide an e-mail address and update any
change in that e-mail address if the victim, guardian, or relative
chooses to receive notifications by e-mail.
(d) This subsection applies only to a victim of an offense
under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,
42.072, or 43.05, Penal Code. A victim described by this
subsection or a parent or guardian of the victim, if the victim is
younger than 18 years of age or an adult ward, is entitled to the
following rights within the criminal justice system:
(1) the right to be informed in the manner provided by
Article 56A.0525:
(A) that the victim or, if the victim is younger
than 18 years of age or an adult ward, the victim's parent or
guardian or another adult acting on the victim's behalf may file an
application for a protective order under Article 7B.001;
(B) of the court in which the application for a
protective order may be filed;
(C) that, on request of the victim or, if the
victim is younger than 18 years of age or an adult ward, on request
of the victim's parent or guardian or another adult acting on the
victim's behalf, the attorney representing the state may, subject
to the Texas Disciplinary Rules of Professional Conduct, file the
application for a protective order on behalf of the requestor; and
(D) that, subject to the Texas Disciplinary Rules
of Professional Conduct, the attorney representing the state
generally is required to file the application for a protective
order with respect to the victim if the defendant is convicted of or
placed on deferred adjudication community supervision for the
offense;
(2) the right to:
(A) request that the attorney representing the
state, subject to the Texas Disciplinary Rules of Professional
Conduct, file an application for a protective order described by
Subdivision (1); and
(B) be notified in the manner provided by Article
56A.0525 when the attorney representing the state files an
application for a protective order under Article 7B.001;
(3) if the victim or the victim's parent or guardian,
as applicable, is present when the defendant is convicted or placed
on deferred adjudication community supervision, the right to:
(A) be given by the court the information
described by Subdivision (1), in the manner provided by Article
56A.0525; and
(B) file an application for a protective order
under Article 7B.001 immediately following the defendant's
conviction or placement on deferred adjudication community
supervision if the court has jurisdiction over the application; and
(4) if the victim or the victim's parent or guardian,
as applicable, is not present when the defendant is convicted or
placed on deferred adjudication community supervision, the right to
be given by the attorney representing the state the information
described by Subdivision (1), in the manner provided by Article
56A.0525.
(e) A victim of an offense under Section 20A.02, 20A.03, or
43.05, Penal Code, is entitled to be informed, in the manner
provided by Article 56A.0525, that the victim may petition for an
order of nondisclosure of criminal history record information under
Section 411.0728, Government Code, if the victim:
(1) has been convicted of or placed on deferred
adjudication community supervision for an offense described by
Subsection (a)(1) of that section; and
(2) committed that offense solely as a victim of an
offense under Section 20A.02, 20A.03, or 43.05, Penal Code.
SECTION 3. Subchapter B, Chapter 56A, Code of Criminal
Procedure, is amended by adding Article 56A.0525 to read as
follows:
Art. 56A.0525. AUTHORIZED FORM OF NOTIFICATIONS. For
purposes of this subchapter, a judge, attorney representing the
state, peace officer, or law enforcement agency that is required to
notify, inform, or disclose information to a victim, guardian of a
victim, or close relative of a deceased victim in accordance with a
right granted under this subchapter shall provide the notification
or information in the following manner:
(1) electronically, including by text message,
videoconference, or e-mail;
(2) by mail;
(3) through an anonymous, online portal; or
(4) by contacting by telephone or otherwise making
personal contact with the victim, guardian, or relative, as
applicable.
SECTION 4. This Act takes effect September 1, 2023.