1 | 1 | | 89R12044 AJZ-D |
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2 | 2 | | By: Alders H.B. No. 2813 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to victim notification of certain scheduled court |
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10 | 10 | | proceedings. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Article 56A.452, Code of Criminal Procedure, is |
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13 | 13 | | amended to read as follows: |
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14 | 14 | | Art. 56A.452. NOTIFICATION OF SCHEDULED COURT PROCEEDINGS. |
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15 | 15 | | (a) If requested by the victim, the attorney representing the |
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16 | 16 | | state, as soon [far] as reasonably practicable [practical], shall |
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17 | 17 | | give the victim notice of: |
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18 | 18 | | (1) any scheduled court proceedings and changes in |
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19 | 19 | | that schedule; and |
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20 | 20 | | (2) the filing of a request for continuance of a trial |
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21 | 21 | | setting. |
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22 | 22 | | (b) Notwithstanding Subsection (a), the attorney |
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23 | 23 | | representing the state shall provide notice of a scheduled court |
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24 | 24 | | proceeding to the victim not later than the 60th day before the date |
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25 | 25 | | the proceeding is scheduled to occur, except that: |
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26 | 26 | | (1) subject to Subdivision (2), if the court schedules |
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27 | 27 | | the proceeding to occur on a date that will not allow for the timing |
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28 | 28 | | of the notice otherwise required by this subsection, the attorney |
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29 | 29 | | representing the state shall provide the notice not later than the |
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30 | 30 | | fifth day after the date the court schedules the proceeding; and |
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31 | 31 | | (2) if the court schedules the proceeding in an |
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32 | 32 | | emergency or expedited manner, the attorney representing the state |
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33 | 33 | | shall provide the notice as soon as practicable, but not later than |
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34 | 34 | | 24 hours after the court schedules the proceeding. |
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35 | 35 | | SECTION 2. The change in law made by this Act applies only |
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36 | 36 | | to the scheduling of a criminal proceeding by a court on or after |
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37 | 37 | | the effective date of this Act. The scheduling of a criminal |
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38 | 38 | | proceeding by a court before the effective date of this Act is |
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39 | 39 | | governed by the law in effect on the date the court scheduled the |
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40 | 40 | | proceeding, and the former law is continued in effect for that |
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41 | 41 | | purpose. |
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42 | 42 | | SECTION 3. This Act takes effect September 1, 2025. |
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