Texas 2025 - 89th Regular

Texas House Bill HB2582 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	89R8637 MCF-D
2	2	By: Hull H.B. No. 2582
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the rights of a victim, guardian of a victim, or close
10	10	relative of a deceased victim to information regarding a
11	11	defendant's parole.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 56A.051(a), Code of Criminal Procedure,
14	14	is amended to read as follows:
15	15	(a) A victim, guardian of a victim, or close relative of a
16	16	deceased victim is entitled to the following rights within the
17	17	criminal justice system:
18	18	(1) the right to receive from a law enforcement agency
19	19	adequate protection from harm and threats of harm arising from
20	20	cooperation with prosecution efforts;
21	21	(2) the right to have the magistrate consider the
22	22	safety of the victim or the victim's family in setting the amount of
23	23	bail for the defendant;
24	24	(3) if requested, the right to be informed in the
25	25	manner provided by Article 56A.0525:
26	26	(A) by the attorney representing the state of
27	27	relevant court proceedings, including appellate proceedings, and
28	28	to be informed if those proceedings have been canceled or
29	29	rescheduled before the event; and
30	30	(B) by an appellate court of the court's
31	31	decisions, after the decisions are entered but before the decisions
32	32	are made public;
33	33	(4) when requested, the right to be informed in the
34	34	manner provided by Article 56A.0525:
35	35	(A) by a peace officer concerning the defendant's
36	36	right to bail and the procedures in criminal investigations; and
37	37	(B) by the office of the attorney representing
38	38	the state concerning the general procedures in the criminal justice
39	39	system, including general procedures in guilty plea negotiations
40	40	and arrangements, restitution, and the appeals and parole process;
41	41	(5) the right to provide pertinent information to a
42	42	community supervision and corrections department conducting a
43	43	presentencing investigation concerning the impact of the offense on
44	44	the victim and the victim's family by testimony, written statement,
45	45	or any other manner before any sentencing of the defendant;
46	46	(6) the right to receive information, in the manner
47	47	provided by Article 56A.0525:
48	48	(A) regarding compensation to victims of crime as
49	49	provided by Chapter 56B, including information related to the costs
50	50	that may be compensated under that chapter and the amount of
51	51	compensation, eligibility for compensation, and procedures for
52	52	application for compensation under that chapter;
53	53	(B) for a victim of a sexual assault, regarding
54	54	the payment under Subchapter G for a forensic medical examination;
55	55	and
56	56	(C) when requested, providing a referral to
57	57	available social service agencies that may offer additional
58	58	assistance;
59	59	(7) the right to:
60	60	(A) be informed, on request, and in the manner
61	61	provided by Article 56A.0525, of parole procedures;
62	62	(B) participate in the parole process;
63	63	(C) provide to the board for inclusion in the
64	64	defendant's file information to be considered by the board before
65	65	the parole of any defendant convicted of any offense subject to this
66	66	chapter; and
67	67	(D) be notified in the manner provided by Article
68	68	56A.0525, if requested, of:
69	69	(i) parole proceedings concerning a
70	70	defendant in the victim's case;
71	71	(ii) [and of] the defendant's release on
72	72	parole, including the county in which the defendant is required to
73	73	reside, and the conditions of the defendant's parole, including any
74	74	condition:
75	75	(a) prohibiting the defendant from
76	76	going near the victim's home or work; or
77	77	(b) requiring the defendant to
78	78	complete a battering intervention and prevention program
79	79	established under Article 42.141;
80	80	(iii) any offense with which the defendant
81	81	is charged after release on parole;
82	82	(iv) the issuance of any warrant under
83	83	Section 508.251, Government Code, for the return of the defendant;
84	84	and
85	85	(v) any revocation of the defendant's
86	86	parole;
87	87	(8) the right to be provided with a waiting area,
88	88	separate or secure from other witnesses, including the defendant
89	89	and relatives of the defendant, before testifying in any proceeding
90	90	concerning the defendant; if a separate waiting area is not
91	91	available, other safeguards should be taken to minimize the
92	92	victim's contact with the defendant and the defendant's relatives
93	93	and witnesses, before and during court proceedings;
94	94	(9) the right to the prompt return of any of the
95	95	victim's property that is held by a law enforcement agency or the
96	96	attorney representing the state as evidence when the property is no
97	97	longer required for that purpose;
98	98	(10) the right to have the attorney representing the
99	99	state notify the victim's employer, if requested, that the victim's
100	100	cooperation and testimony is necessary in a proceeding that may
101	101	require the victim to be absent from work for good cause;
102	102	(11) the right to request victim-offender mediation
103	103	coordinated by the victim services division of the department;
104	104	(12) the right to be informed, in the manner provided
105	105	by Article 56A.0525, of the uses of a victim impact statement and
106	106	the statement's purpose in the criminal justice system as described
107	107	by Subchapter D, to complete the victim impact statement, and to
108	108	have the victim impact statement considered:
109	109	(A) by the attorney representing the state and
110	110	the judge before sentencing or before a plea bargain agreement is
111	111	accepted; and
112	112	(B) by the board before a defendant is released
113	113	on parole;
114	114	(13) for a victim of an assault or sexual assault who
115	115	is younger than 17 years of age or whose case involves family
116	116	violence, as defined by Section 71.004, Family Code, the right to
117	117	have the court consider the impact on the victim of a continuance
118	118	requested by the defendant; if requested by the attorney
119	119	representing the state or by the defendant's attorney, the court
120	120	shall state on the record the reason for granting or denying the
121	121	continuance; and
122	122	(14) if the offense is a capital felony, the right to:
123	123	(A) receive by mail from the court a written
124	124	explanation of defense-initiated victim outreach if the court has
125	125	authorized expenditures for a defense-initiated victim outreach
126	126	specialist;
127	127	(B) not be contacted by the victim outreach
128	128	specialist unless the victim, guardian, or relative has consented
129	129	to the contact by providing a written notice to the court; and
130	130	(C) designate a victim service provider to
131	131	receive all communications from a victim outreach specialist acting
132	132	on behalf of any person.
133	133	SECTION 2. This Act takes effect September 1, 2025.