Texas 2023 - 88th Regular

Texas Senate Bill SB409 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 409
2	2
3	3
4	4	AN ACT
5	5	relating to the rights of victims, guardians of victims, and close
6	6	relatives of deceased victims in the criminal justice system.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Articles 56A.052(a), (b), and (c), Code of
9	9	Criminal Procedure, are amended to read as follows:
10	10	(a) A [If the offense is a sexual assault, a] victim,
11	11	guardian of a victim, or close relative of a deceased victim of an
12	12	offense under Section 21.02, 21.11, 22.011, 22.012, 22.021, or
13	13	42.072, Penal Code, is entitled to the following rights within the
14	14	criminal justice system:
15	15	(1) if requested, the right to a disclosure of
16	16	information regarding:
17	17	(A) any evidence that was collected during the
18	18	investigation of the offense, unless disclosing the information
19	19	would interfere with the investigation or prosecution of the
20	20	offense, in which event the victim, guardian, or relative shall be
21	21	informed of the estimated date on which that information is
22	22	expected to be disclosed; and
23	23	(B) the status of any analysis being performed on
24	24	[of] any evidence described by Paragraph (A);
25	25	(2) if requested, the right to be notified:
26	26	(A) at the time a request is submitted to a crime
27	27	laboratory to process and analyze any evidence that was collected
28	28	during the investigation of the offense;
29	29	(B) at the time of the submission of a request to
30	30	compare any biological evidence collected during the investigation
31	31	of the offense with DNA profiles maintained in a state or federal
32	32	DNA database; and
33	33	(C) of the results of the comparison described by
34	34	Paragraph (B), unless disclosing the results would interfere with
35	35	the investigation or prosecution of the offense, in which event the
36	36	victim, guardian, or relative shall be informed of the estimated
37	37	date on which those results are expected to be disclosed;
38	38	(3) if requested, the right to counseling regarding
39	39	acquired immune deficiency syndrome (AIDS) and human
40	40	immunodeficiency virus (HIV) infection; [and]
41	41	(4) if requested, the right to be informed about, and
42	42	confer with the attorney representing the state regarding, the
43	43	disposition of the offense, including sharing the victim's,
44	44	guardian's, or relative's views regarding:
45	45	(A) a decision not to file charges;
46	46	(B) the dismissal of charges;
47	47	(C) the use of a pretrial intervention program;
48	48	or
49	49	(D) a plea bargain agreement; and
50	50	(5) for the victim, the right to:
51	51	(A) testing for acquired immune deficiency
52	52	syndrome (AIDS), human immunodeficiency virus (HIV) infection,
53	53	antibodies to HIV, or infection with any other probable causative
54	54	agent of AIDS; and
55	55	(B) a forensic medical examination to the extent
56	56	provided by Subchapters F and G if, within 120 hours of the offense:
57	57	(i) the offense is reported to a law
58	58	enforcement agency; or
59	59	(ii) a forensic medical examination is
60	60	otherwise conducted by [at] a health care provider.
61	61	(b) Subject to Subsection (c), a [A] victim, guardian of a
62	62	victim, or close relative of a deceased victim who requests to be
63	63	notified or receive information under Subsection (a)(1), (2), or
64	64	(4) [(a)(2)] must:
65	65	(1) provide a current address and phone number to the
66	66	attorney representing the state and the law enforcement agency that
67	67	is investigating the offense; and
68	68	(2) [. The victim, guardian, or relative must] inform
69	69	the attorney representing the state and the law enforcement agency
70	70	of any change in the address or phone number.
71	71	(c) A victim, guardian of a victim, or close relative of a
72	72	deceased victim may designate a person, including an entity that
73	73	provides services to victims of an offense described by Subsection
74	74	(a) [sexual assault], to receive any notice requested under
75	75	Subsection (a)(2).
76	76	SECTION 2. Subchapter B, Chapter 56A, Code of Criminal
77	77	Procedure, is amended by adding Article 56A.0531 to read as
78	78	follows:
79	79	Art. 56A.0531. ASSERTION OF RIGHTS. A victim, guardian of a
80	80	victim, or close relative of a deceased victim may assert the rights
81	81	provided by this chapter either orally or in writing.
82	82	SECTION 3. This Act takes effect September 1, 2023.
83	83	______________________________ ______________________________
84	84	President of the Senate Speaker of the House
85	85	I hereby certify that S.B. No. 409 passed the Senate on
86	86	April 13, 2023, by the following vote: Yeas 30, Nays 0;
87	87	May 17, 2023, Senate refused to concur in House amendments and
88	88	requested appointment of Conference Committee; May 19, 2023, House
89	89	granted request of the Senate; May 25, 2023, Senate adopted
90	90	Conference Committee Report by the following vote: Yeas 31,
91	91	Nays 0.
92	92	______________________________
93	93	Secretary of the Senate
94	94	I hereby certify that S.B. No. 409 passed the House, with
95	95	amendments, on May 16, 2023, by the following vote: Yeas 140,
96	96	Nays 0, one present not voting; May 19, 2023, House granted request
97	97	of the Senate for appointment of Conference Committee;
98	98	May 25, 2023, House adopted Conference Committee Report by the
99	99	following vote: Yeas 140, Nays 0, three present not voting.
100	100	______________________________
101	101	Chief Clerk of the House
102	102	Approved:
103	103	______________________________
104	104	Date
105	105	______________________________
106	106	Governor