Texas 2023 - 88th Regular

Texas Senate Bill SB2101 Compare Versions

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Version 2 (New)

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1	1	S.B. No. 2101
2	2
3	3
4	4	AN ACT
5	5	relating to certain notifications related to the rights of crime
6	6	victims.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Article 56A.051(a), Code of Criminal Procedure,
9	9	is amended to read as follows:
10	10	(a) A victim, guardian of a victim, or close relative of a
11	11	deceased victim is entitled to the following rights within the
12	12	criminal justice system:
13	13	(1) the right to receive from a law enforcement agency
14	14	adequate protection from harm and threats of harm arising from
15	15	cooperation with prosecution efforts;
16	16	(2) the right to have the magistrate consider the
17	17	safety of the victim or the victim's family in setting the amount of
18	18	bail for the defendant;
19	19	(3) if requested, the right to be informed in the
20	20	manner provided by Article 56A.0525:
21	21	(A) by the attorney representing the state of
22	22	relevant court proceedings, including appellate proceedings, and
23	23	to be informed if those proceedings have been canceled or
24	24	rescheduled before the event; and
25	25	(B) by an appellate court of the court's
26	26	decisions, after the decisions are entered but before the decisions
27	27	are made public;
28	28	(4) when requested, the right to be informed in the
29	29	manner provided by Article 56A.0525:
30	30	(A) by a peace officer concerning the defendant's
31	31	right to bail and the procedures in criminal investigations; and
32	32	(B) by the office of the attorney representing
33	33	the state concerning the general procedures in the criminal justice
34	34	system, including general procedures in guilty plea negotiations
35	35	and arrangements, restitution, and the appeals and parole process;
36	36	(5) the right to provide pertinent information to a
37	37	community supervision and corrections department conducting a
38	38	presentencing investigation concerning the impact of the offense on
39	39	the victim and the victim's family by testimony, written statement,
40	40	or any other manner before any sentencing of the defendant;
41	41	(6) the right to receive information, in the manner
42	42	provided by Article 56A.0525, regarding compensation to victims of
43	43	crime as provided by Chapter 56B, including information related to
44	44	the costs that may be compensated under that chapter and the amount
45	45	of compensation, eligibility for compensation, and procedures for
46	46	application for compensation under that chapter, the payment for a
47	47	forensic medical examination under Article 56A.252 for a victim of
48	48	an alleged sexual assault, and when requested, to referral to
49	49	available social service agencies that may offer additional
50	50	assistance;
51	51	(7) the right to:
52	52	(A) be informed, on request, and in the manner
53	53	provided by Article 56A.0525, of parole procedures;
54	54	(B) participate in the parole process;
55	55	(C) provide to the board for inclusion in the
56	56	defendant's file information to be considered by the board before
57	57	the parole of any defendant convicted of any offense subject to this
58	58	chapter; and
59	59	(D) be notified in the manner provided by Article
60	60	56A.0525, if requested, of parole proceedings concerning a
61	61	defendant in the victim's case and of the defendant's release;
62	62	(8) the right to be provided with a waiting area,
63	63	separate or secure from other witnesses, including the defendant
64	64	and relatives of the defendant, before testifying in any proceeding
65	65	concerning the defendant; if a separate waiting area is not
66	66	available, other safeguards should be taken to minimize the
67	67	victim's contact with the defendant and the defendant's relatives
68	68	and witnesses, before and during court proceedings;
69	69	(9) the right to the prompt return of any of the
70	70	victim's property that is held by a law enforcement agency or the
71	71	attorney representing the state as evidence when the property is no
72	72	longer required for that purpose;
73	73	(10) the right to have the attorney representing the
74	74	state notify the victim's employer, if requested, that the victim's
75	75	cooperation and testimony is necessary in a proceeding that may
76	76	require the victim to be absent from work for good cause;
77	77	(11) the right to request victim-offender mediation
78	78	coordinated by the victim services division of the department;
79	79	(12) the right to be informed, in the manner provided
80	80	by Article 56A.0525, of the uses of a victim impact statement and
81	81	the statement's purpose in the criminal justice system as described
82	82	by Subchapter D, to complete the victim impact statement, and to
83	83	have the victim impact statement considered:
84	84	(A) by the attorney representing the state and
85	85	the judge before sentencing or before a plea bargain agreement is
86	86	accepted; and
87	87	(B) by the board before a defendant is released
88	88	on parole;
89	89	(13) for a victim of an assault or sexual assault who
90	90	is younger than 17 years of age or whose case involves family
91	91	violence, as defined by Section 71.004, Family Code, the right to
92	92	have the court consider the impact on the victim of a continuance
93	93	requested by the defendant; if requested by the attorney
94	94	representing the state or by the defendant's attorney, the court
95	95	shall state on the record the reason for granting or denying the
96	96	continuance; and
97	97	(14) if the offense is a capital felony, the right to:
98	98	(A) receive by mail from the court a written
99	99	explanation of defense-initiated victim outreach if the court has
100	100	authorized expenditures for a defense-initiated victim outreach
101	101	specialist;
102	102	(B) not be contacted by the victim outreach
103	103	specialist unless the victim, guardian, or relative has consented
104	104	to the contact by providing a written notice to the court; and
105	105	(C) designate a victim service provider to
106	106	receive all communications from a victim outreach specialist acting
107	107	on behalf of any person.
108	108	SECTION 2. Articles 56A.052(a), (b), (d), and (e), Code of
109	109	Criminal Procedure, are amended to read as follows:
110	110	(a) If the offense is a sexual assault, a victim, guardian
111	111	of a victim, or close relative of a deceased victim is entitled to
112	112	the following rights within the criminal justice system:
113	113	(1) if requested, the right to a disclosure of
114	114	information, in the manner provided by Article 56A.0525, regarding:
115	115	(A) any evidence that was collected during the
116	116	investigation of the offense, unless disclosing the information
117	117	would interfere with the investigation or prosecution of the
118	118	offense, in which event the victim, guardian, or relative shall be
119	119	informed of the estimated date on which that information is
120	120	expected to be disclosed; and
121	121	(B) the status of any analysis being performed of
122	122	any evidence described by Paragraph (A);
123	123	(2) if requested, the right to be notified in the
124	124	manner provided by Article 56A.0525:
125	125	(A) at the time a request is submitted to a crime
126	126	laboratory to process and analyze any evidence that was collected
127	127	during the investigation of the offense;
128	128	(B) at the time of the submission of a request to
129	129	compare any biological evidence collected during the investigation
130	130	of the offense with DNA profiles maintained in a state or federal
131	131	DNA database; and
132	132	(C) of the results of the comparison described by
133	133	Paragraph (B), unless disclosing the results would interfere with
134	134	the investigation or prosecution of the offense, in which event the
135	135	victim, guardian, or relative shall be informed of the estimated
136	136	date on which those results are expected to be disclosed;
137	137	(3) if requested, the right to counseling regarding
138	138	acquired immune deficiency syndrome (AIDS) and human
139	139	immunodeficiency virus (HIV) infection; and
140	140	(4) for the victim, the right to:
141	141	(A) testing for acquired immune deficiency
142	142	syndrome (AIDS), human immunodeficiency virus (HIV) infection,
143	143	antibodies to HIV, or infection with any other probable causative
144	144	agent of AIDS; and
145	145	(B) a forensic medical examination to the extent
146	146	provided by Subchapters F and G if, within 120 hours of the offense:
147	147	(i) the offense is reported to a law
148	148	enforcement agency; or
149	149	(ii) a forensic medical examination is
150	150	otherwise conducted at a health care provider.
151	151	(b) A victim, guardian of a victim, or close relative of a
152	152	deceased victim who requests to be notified under Subsection (a)(2)
153	153	must provide a current address and phone number to the attorney
154	154	representing the state and the law enforcement agency that is
155	155	investigating the offense. The victim, guardian, or relative must
156	156	inform the attorney representing the state and the law enforcement
157	157	agency of any change in the address or phone number. The victim,
158	158	guardian, or relative must provide an e-mail address and update any
159	159	change in that e-mail address if the victim, guardian, or relative
160	160	chooses to receive notifications by e-mail.
161	161	(d) This subsection applies only to a victim of an offense
162	162	under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,
163	163	42.072, or 43.05, Penal Code. A victim described by this
164	164	subsection or a parent or guardian of the victim, if the victim is
165	165	younger than 18 years of age or an adult ward, is entitled to the
166	166	following rights within the criminal justice system:
167	167	(1) the right to be informed in the manner provided by
168	168	Article 56A.0525:
169	169	(A) that the victim or, if the victim is younger
170	170	than 18 years of age or an adult ward, the victim's parent or
171	171	guardian or another adult acting on the victim's behalf may file an
172	172	application for a protective order under Article 7B.001;
173	173	(B) of the court in which the application for a
174	174	protective order may be filed;
175	175	(C) that, on request of the victim or, if the
176	176	victim is younger than 18 years of age or an adult ward, on request
177	177	of the victim's parent or guardian or another adult acting on the
178	178	victim's behalf, the attorney representing the state may, subject
179	179	to the Texas Disciplinary Rules of Professional Conduct, file the
180	180	application for a protective order on behalf of the requestor; and
181	181	(D) that, subject to the Texas Disciplinary Rules
182	182	of Professional Conduct, the attorney representing the state
183	183	generally is required to file the application for a protective
184	184	order with respect to the victim if the defendant is convicted of or
185	185	placed on deferred adjudication community supervision for the
186	186	offense;
187	187	(2) the right to:
188	188	(A) request that the attorney representing the
189	189	state, subject to the Texas Disciplinary Rules of Professional
190	190	Conduct, file an application for a protective order described by
191	191	Subdivision (1); and
192	192	(B) be notified in the manner provided by Article
193	193	56A.0525 when the attorney representing the state files an
194	194	application for a protective order under Article 7B.001;
195	195	(3) if the victim or the victim's parent or guardian,
196	196	as applicable, is present when the defendant is convicted or placed
197	197	on deferred adjudication community supervision, the right to:
198	198	(A) be given by the court the information
199	199	described by Subdivision (1), in the manner provided by Article
200	200	56A.0525; and
201	201	(B) file an application for a protective order
202	202	under Article 7B.001 immediately following the defendant's
203	203	conviction or placement on deferred adjudication community
204	204	supervision if the court has jurisdiction over the application; and
205	205	(4) if the victim or the victim's parent or guardian,
206	206	as applicable, is not present when the defendant is convicted or
207	207	placed on deferred adjudication community supervision, the right to
208	208	be given by the attorney representing the state the information
209	209	described by Subdivision (1), in the manner provided by Article
210	210	56A.0525.
211	211	(e) A victim of an offense under Section 20A.02, 20A.03, or
212	212	43.05, Penal Code, is entitled to be informed, in the manner
213	213	provided by Article 56A.0525, that the victim may petition for an
214	214	order of nondisclosure of criminal history record information under
215	215	Section 411.0728, Government Code, if the victim:
216	216	(1) has been convicted of or placed on deferred
217	217	adjudication community supervision for an offense described by
218	218	Subsection (a)(1) of that section; and
219	219	(2) committed that offense solely as a victim of an
220	220	offense under Section 20A.02, 20A.03, or 43.05, Penal Code.
221	221	SECTION 3. Subchapter B, Chapter 56A, Code of Criminal
222	222	Procedure, is amended by adding Article 56A.0525 to read as
223	223	follows:
224	224	Art. 56A.0525. AUTHORIZED FORM OF NOTIFICATIONS. For
225	225	purposes of this subchapter, a judge, attorney representing the
226	226	state, peace officer, or law enforcement agency that is required to
227	227	notify, inform, or disclose information to a victim, guardian of a
228	228	victim, or close relative of a deceased victim in accordance with a
229	229	right granted under this subchapter shall provide the notification
230	230	or information in the following manner:
231	231	(1) electronically, including by text message,
232	232	videoconference, or e-mail;
233	233	(2) by mail;
234	234	(3) through an anonymous, online portal; or
235	235	(4) by contacting by telephone or otherwise making
236	236	personal contact with the victim, guardian, or relative, as
237	237	applicable.
238	238	SECTION 4. This Act takes effect September 1, 2023.
239	239	______________________________ ______________________________
240	240	President of the Senate Speaker of the House
241	241	I hereby certify that S.B. No. 2101 passed the Senate on
242	242	April 27, 2023, by the following vote: Yeas 31, Nays 0.
243	243	______________________________
244	244	Secretary of the Senate
245	245	I hereby certify that S.B. No. 2101 passed the House on
246	246	May 6, 2023, by the following vote: Yeas 127, Nays 7,
247	247	two present not voting.
248	248	______________________________
249	249	Chief Clerk of the House
250	250	Approved:
251	251	______________________________
252	252	Date
253	253	______________________________
254	254	Governor