S.B. No. 409
AN ACT
relating to the rights of victims, guardians of victims, and close
relatives of deceased victims in the criminal justice system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 56A.052(a), (b), and (c), Code of
Criminal Procedure, are amended to read as follows:
(a) A [If the offense is a sexual assault, a] victim,
guardian of a victim, or close relative of a deceased victim of an
offense under Section 21.02, 21.11, 22.011, 22.012, 22.021, or
42.072, Penal Code, is entitled to the following rights within the
criminal justice system:
(1) if requested, the right to a disclosure of
information 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 on
[of] any evidence described by Paragraph (A);
(2) if requested, the right to be notified:
(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) if requested, the right to be informed about, and
confer with the attorney representing the state regarding, the
disposition of the offense, including sharing the victim's,
guardian's, or relative's views regarding:
(A) a decision not to file charges;
(B) the dismissal of charges;
(C) the use of a pretrial intervention program;
or
(D) a plea bargain agreement; and
(5) 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 by [at] a health care provider.
(b) Subject to Subsection (c), a [A] victim, guardian of a
victim, or close relative of a deceased victim who requests to be
notified or receive information under Subsection (a)(1), (2), or
(4) [(a)(2)] must:
(1) provide a current address and phone number to the
attorney representing the state and the law enforcement agency that
is investigating the offense; and
(2) [. 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.
(c) A victim, guardian of a victim, or close relative of a
deceased victim may designate a person, including an entity that
provides services to victims of an offense described by Subsection
(a) [sexual assault], to receive any notice requested under
Subsection (a)(2).
SECTION 2. Subchapter B, Chapter 56A, Code of Criminal
Procedure, is amended by adding Article 56A.0531 to read as
follows:
Art. 56A.0531. ASSERTION OF RIGHTS. A victim, guardian of a
victim, or close relative of a deceased victim may assert the rights
provided by this chapter either orally or in writing.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 409 passed the Senate on
April 13, 2023, by the following vote: Yeas 30, Nays 0;
May 17, 2023, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 19, 2023, House
granted request of the Senate; May 25, 2023, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 409 passed the House, with
amendments, on May 16, 2023, by the following vote: Yeas 140,
Nays 0, one present not voting; May 19, 2023, House granted request
of the Senate for appointment of Conference Committee;
May 25, 2023, House adopted Conference Committee Report by the
following vote: Yeas 140, Nays 0, three present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor