Texas 2025 - 89th Regular

Texas Senate Bill SB1120 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hinojosa of Hidalgo S.B. No. 1120
2		-	Blanco, Huffman
3		-
4		-
	1	+	By: Hinojosa of Hidalgo, Huffman S.B. No. 1120
	2	+	(In the Senate - Filed February 5, 2025; February 24, 2025,
	3	+	read first time and referred to Committee on Criminal Justice;
	4	+	March 19, 2025, reported favorably by the following vote: Yeas 7,
	5	+	Nays 0; March 19, 2025, sent to printer.)
	6	+	Click here to see the committee vote
5	7
6	8
7	9		A BILL TO BE ENTITLED
8	10		AN ACT
9	11		relating to rights of a victim, guardian of a victim, or close
10	12		relative of a deceased victim in certain criminal cases involving
11	13		family violence, sexual or assaultive offenses, stalking, or a
12	14		violation of a protective order or condition of bond.
13	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	16		SECTION 1. Article 56A.001, Code of Criminal Procedure, is
15	17		amended by adding Subdivision (4-a) and amending Subdivision (7) to
16	18		read as follows:
17	19		(4-a) "Family violence" means an offense under the
18	20		following provisions of the Penal Code if the offense is committed
19	21		against a person whose relationship to or association with the
20	22		defendant is described by Section 71.0021(b), 71.003, or 71.005,
21	23		Family Code:
22	24		(A) Section 21.02;
23	25		(B) Section 21.11(a)(1);
24	26		(C) Section 22.01;
25	27		(D) Section 22.011;
26	28		(E) Section 22.02;
27	29		(F) Section 22.021;
28	30		(G) Section 22.04; and
29	31		(H) Section 25.11.
30	32		(7) "Victim" means a person who:
31	33		(A) is the victim of the offense of:
32	34		(i) sexual assault;
33	35		(ii) kidnapping;
34	36		(iii) aggravated robbery;
35	37		(iv) trafficking of persons; [or]
36	38		(v) injury to a child, elderly individual,
37	39		or disabled individual; [or]
38	40		(vi) family violence; or
39	41		(vii) stalking;
40	42		(B) has suffered personal injury or death as a
41	43		result of the criminal conduct of another; or
42	44		(C) is the victim of an offense committed under
43	45		Section 25.07, 25.071, 25.072, Penal Code, if a violation that is an
44	46		element of the offense occurred through the commission of an
45	47		assault, aggravated assault, or sexual assault or the offense of
46	48		stalking, regardless of whether that violation occurred with
47	49		respect to a person whose relationship to or association with the
48	50		defendant is described by Section 71.0021(b), 71.003, or 71.005,
49	51		Family Code.
50	52		SECTION 2. Article 56A.051(a), Code of Criminal Procedure,
51	53		is amended to read as follows:
52	54		(a) A victim, guardian of a victim, or close relative of a
53	55		deceased victim is entitled to the following rights within the
54	56		criminal justice system:
55	57		(1) the right to receive from a law enforcement agency
56	58		adequate protection from harm and threats of harm arising from
57	59		cooperation with prosecution efforts;
58	60		(2) the right to have the magistrate consider the
59	61		safety of the victim or the victim's family in setting the amount of
60	62		bail for the defendant;
61	63		(3) if requested, the right to be informed in the
62	64		manner provided by Article 56A.0525:
63	65		(A) by the attorney representing the state of
64	66		relevant court proceedings, including appellate proceedings, and
65	67		to be informed if those proceedings have been canceled or
66	68		rescheduled before the event; and
67	69		(B) by an appellate court of the court's
68	70		decisions, after the decisions are entered but before the decisions
69	71		are made public;
70	72		(4) when requested, the right to be informed in the
71	73		manner provided by Article 56A.0525:
72	74		(A) by a peace officer concerning the defendant's
73	75		right to bail and the procedures in criminal investigations; and
74	76		(B) by the office of the attorney representing
75	77		the state concerning the general procedures in the criminal justice
76	78		system, including general procedures in guilty plea negotiations
77	79		and arrangements, restitution, and the appeals and parole process;
78	80		(5) the right to provide pertinent information to a
79	81		community supervision and corrections department conducting a
80	82		presentencing investigation concerning the impact of the offense on
81	83		the victim and the victim's family by testimony, written statement,
82	84		or any other manner before any sentencing of the defendant;
83	85		(6) the right to receive information, in the manner
84	86		provided by Article 56A.0525:
85	87		(A) regarding compensation to victims of crime as
86	88		provided by Chapter 56B, including information related to the costs
87	89		that may be compensated under that chapter and the amount of
88	90		compensation, eligibility for compensation, and procedures for
89	91		application for compensation under that chapter;
90	92		(B) for a victim of a sexual assault, regarding
91	93		the payment under Subchapter G for a forensic medical examination;
92	94		and
93	95		(C) when requested, providing a referral to
94	96		available social service agencies that may offer additional
95	97		assistance;
96	98		(7) the right to:
97	99		(A) be informed, on request, and in the manner
98	100		provided by Article 56A.0525, of parole procedures;
99	101		(B) participate in the parole process;
100	102		(C) provide to the board for inclusion in the
101	103		defendant's file information to be considered by the board before
102	104		the parole of any defendant convicted of any offense subject to this
103	105		chapter; and
104	106		(D) be notified in the manner provided by
105	107		Article 56A.0525, if requested, of parole proceedings concerning a
106	108		defendant in the victim's case and of the defendant's release;
107	109		(8) the right to be provided with a waiting area,
108	110		separate or secure from other witnesses, including the defendant
109	111		and relatives of the defendant, before testifying in any proceeding
110	112		concerning the defendant; if a separate waiting area is not
111	113		available, other safeguards should be taken to minimize the
112	114		victim's contact with the defendant and the defendant's relatives
113	115		and witnesses, before and during court proceedings;
114	116		(9) the right to the prompt return of any of the
115	117		victim's property that is held by a law enforcement agency or the
116	118		attorney representing the state as evidence when the property is no
117	119		longer required for that purpose;
118	120		(10) the right to have the attorney representing the
119	121		state notify the victim's employer, if requested, that the victim's
120	122		cooperation and testimony is necessary in a proceeding that may
121	123		require the victim to be absent from work for good cause;
122	124		(11) the right to request victim-offender mediation
123	125		coordinated by the victim services division of the department;
124	126		(12) the right to be informed, in the manner provided
125	127		by Article 56A.0525, of the uses of a victim impact statement and
126	128		the statement's purpose in the criminal justice system as described
127	129		by Subchapter D, to complete the victim impact statement, and to
128	130		have the victim impact statement considered:
129	131		(A) by the attorney representing the state and
130	132		the judge before sentencing or before a plea bargain agreement is
131	133		accepted; and
132	134		(B) by the board before a defendant is released
133	135		on parole;
134	136		(13) for a victim of an assault, aggravated assault,
135	137		or sexual assault who is younger than 17 years of age or whose case
136	138		involves family violence, [as defined by Section 71.004, Family
137	139		Code,] the right to have the court consider the impact on the victim
138	140		of a continuance requested by the defendant; if requested by the
139	141		attorney representing the state or by the defendant's attorney, the
140	142		court shall state on the record the reason for granting or denying
141	143		the continuance; and
142	144		(14) if the offense is a capital felony, the right to:
143	145		(A) receive by mail from the court a written
144	146		explanation of defense-initiated victim outreach if the court has
145	147		authorized expenditures for a defense-initiated victim outreach
146	148		specialist;
147	149		(B) not be contacted by the victim outreach
148	150		specialist unless the victim, guardian, or relative has consented
149	151		to the contact by providing a written notice to the court; and
150	152		(C) designate a victim service provider to
151	153		receive all communications from a victim outreach specialist acting
152	154		on behalf of any person.
153	155		SECTION 3. The heading to Article 56A.052, Code of Criminal
154	156		Procedure, is amended to read as follows:
155	157		Art. 56A.052. ADDITIONAL RIGHTS OF VICTIMS OF SEXUAL
156	158		ASSAULT, INDECENT ASSAULT, [STALKING,] OR TRAFFICKING.
157	159		SECTION 4. Articles 56A.052(a), (c), and (d), Code of
158	160		Criminal Procedure, are amended to read as follows:
159	161		(a) A victim, guardian of a victim, or close relative of a
160	162		deceased victim of an offense under Section 21.02, 21.11, 22.011,
161	163		22.012, or 22.021, [or 42.072,] Penal Code, is entitled to the
162	164		following rights within the criminal justice system:
163	165		(1) if requested, the right to a disclosure of
164	166		information, in the manner provided by Article 56A.0525, regarding:
165	167		(A) any evidence that was collected during the
166	168		investigation of the offense, unless disclosing the information
167	169		would interfere with the investigation or prosecution of the
168	170		offense, in which event the victim, guardian, or relative shall be
169	171		informed of the estimated date on which that information is
170	172		expected to be disclosed; and
171	173		(B) the status of any analysis being performed on
172	174		any evidence described by Paragraph (A);
173	175		(2) if requested, the right to be notified in the
174	176		manner provided by Article 56A.0525:
175	177		(A) at the time a request is submitted to a crime
176	178		laboratory to process and analyze any evidence that was collected
177	179		during the investigation of the offense;
178	180		(B) at the time of the submission of a request to
179	181		compare any biological evidence collected during the investigation
180	182		of the offense with DNA profiles maintained in a state or federal
181	183		DNA database; and
182	184		(C) of the results of the comparison described by
183	185		Paragraph (B), unless disclosing the results would interfere with
184	186		the investigation or prosecution of the offense, in which event the
185	187		victim, guardian, or relative shall be informed of the estimated
186	188		date on which those results are expected to be disclosed;
187	189		(3) if requested, the right to counseling regarding
188	190		acquired immune deficiency syndrome (AIDS) and human
189	191		immunodeficiency virus (HIV) infection;
190	192		(4) if requested, the right to be informed about, and
191	193		confer with the attorney representing the state regarding, the
192	194		disposition of the offense, including sharing the victim's,
193	195		guardian's, or relative's views regarding:
194	196		(A) a decision not to file charges;
195	197		(B) the dismissal of charges;
196	198		(C) the use of a pretrial intervention program;
197	199		or
198	200		(D) a plea bargain agreement; and
199	201		(5) for the victim, the right to:
200	202		(A) testing for acquired immune deficiency
201	203		syndrome (AIDS), human immunodeficiency virus (HIV) infection,
202	204		antibodies to HIV, or infection with any other probable causative
203	205		agent of AIDS; and
204	206		(B) a forensic medical examination as provided by
205	207		Subchapter G.
206	208		(c) A victim, guardian of a victim, or close relative of a
207	209		deceased victim may designate a person, including an entity that
208	210		provides services to victims of an offense described by Subsection
209	211		(a), to receive any notice requested under Subsection (a)(2). This
210	212		person may not be the person charged with the offense.
211	213		(d) This subsection applies only to a victim of an offense
212	214		under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,
213	215		[42.072,] or 43.05, Penal Code. A victim described by this
214	216		subsection or a parent or guardian of the victim, if the victim is
215	217		younger than 18 years of age or an adult ward, is entitled to the
216	218		following rights within the criminal justice system:
217	219		(1) the right to be informed in the manner provided by
218	220		Article 56A.0525:
219	221		(A) that the victim or, if the victim is younger
220	222		than 18 years of age or an adult ward, the victim's parent or
221	223		guardian or another adult acting on the victim's behalf may file an
222	224		application for a protective order under Article 7B.001;
223	225		(B) of the court in which the application for a
224	226		protective order may be filed;
225	227		(C) that, on request of the victim or, if the
226	228		victim is younger than 18 years of age or an adult ward, on request
227	229		of the victim's parent or guardian or another adult acting on the
228	230		victim's behalf, the attorney representing the state may, subject
229	231		to the Texas Disciplinary Rules of Professional Conduct, file the
230	232		application for a protective order on behalf of the requestor; and
231	233		(D) that, subject to the Texas Disciplinary Rules
232	234		of Professional Conduct, the attorney representing the state
233	235		generally is required to file the application for a protective
234	236		order with respect to the victim if the defendant is convicted of or
235	237		placed on deferred adjudication community supervision for the
236	238		offense;
237	239		(2) the right to:
238	240		(A) request that the attorney representing the
239	241		state, subject to the Texas Disciplinary Rules of Professional
240	242		Conduct, file an application for a protective order described by
241	243		Subdivision (1); and
242	244		(B) be notified in the manner provided by Article
243	245		56A.0525 when the attorney representing the state files an
244	246		application for a protective order under Article 7B.001;
245	247		(3) if the victim or the victim's parent or guardian,
246	248		as applicable, is present when the defendant is convicted or placed
247	249		on deferred adjudication community supervision, the right to:
248	250		(A) be given by the court the information
249	251		described by Subdivision (1), in the manner provided by Article
250	252		56A.0525; and
251	253		(B) file an application for a protective order
252	254		under Article 7B.001 immediately following the defendant's
253	255		conviction or placement on deferred adjudication community
254	256		supervision if the court has jurisdiction over the application; and
255	257		(4) if the victim or the victim's parent or guardian,
256	258		as applicable, is not present when the defendant is convicted or
257	259		placed on deferred adjudication community supervision, the right to
258	260		be given by the attorney representing the state the information
259	261		described by Subdivision (1), in the manner provided by Article
260	262		56A.0525.
261	263		SECTION 5. Subchapter B, Chapter 56A, Code of Criminal
262	264		Procedure, is amended by adding Article 56A.0521 to read as
263	265		follows:
264	266		Art. 56A.0521. ADDITIONAL RIGHTS OF VICTIMS OF CERTAIN
265	267		FAMILY VIOLENCE OFFENSES, STALKING, AND VIOLATION OF PROTECTIVE
266	268		ORDER OR CONDITION OF BOND. (a) This article applies only to an
267	269		offense:
268	270		(1) involving family violence;
269	271		(2) under Section 42.072, Penal Code; or
270	272		(3) under Section 25.07, 25.071, or 25.072, Penal
271	273		Code, if a violation that is an element of the offense occurred
272	274		through the commission of an assault, aggravated assault, or sexual
273	275		assault or the offense of stalking, regardless of whether that
274	276		violation occurred with respect to a person whose relationship to
275	277		or association with the defendant is described by Section
276	278		71.0021(b), 71.003, or 71.005, Family Code.
277	279		(b) A victim, guardian of a victim, or close relative of a
278	280		deceased victim of an offense described by Subsection (a) is
279	281		entitled to the following rights within the criminal justice
280	282		system:
281	283		(1) if requested, the right to a disclosure of
282	284		information regarding:
283	285		(A) any evidence that was collected during the
284	286		investigation of the offense, unless disclosing the information
285	287		would interfere with the investigation or prosecution of the
286	288		offense, in which event the victim, guardian, or relative shall be
287	289		informed of the estimated date on which that information is
288	290		expected to be disclosed; and
289	291		(B) the status of any analysis being performed on
290	292		any evidence described by Paragraph (A);
291	293		(2) if requested, the right to be notified at the time
292	294		a request is submitted to a crime laboratory to process and analyze
293	295		any evidence that was collected during the investigation of the
294	296		offense;
295	297		(3) if requested, the right to be informed about, and
296	298		confer with the attorney representing the state regarding, the
297	299		disposition of the offense, including sharing the victim's,
298	300		guardian's, or relative's views regarding:
299	301		(A) a decision not to file charges;
300	302		(B) the dismissal of charges;
301	303		(C) the use of a pretrial intervention program;
302	304		or
303	305		(D) a plea bargain agreement;
304	306		(4) the right to be notified that the attorney
305	307		representing the state does not represent the victim, guardian of a
306	308		victim, or close relative of a deceased victim; and
307	309		(5) for an offense under Section 42.072, Penal Code,
308	310		all of the rights provided to victims, parents, and guardians as
309	311		described by Article 56A.052(d), for the offenses to which that
310	312		subsection applies.
311	313		(c) Subject to Subsection (d), a victim, guardian of a
312	314		victim, or close relative of a deceased victim who requests to be
313	315		notified or receive information under Subsection (b) must:
314	316		(1) provide a current address and phone number to the
315	317		attorney representing the state and the law enforcement agency that
316	318		is investigating the offense;
317	319		(2) inform the attorney representing the state and the
318	320		law enforcement agency of any change in the address or phone number;
319	321		and
320	322		(3) if the victim, guardian, or relative chooses to
321	323		receive notifications by e-mail, provide an e-mail address and
322	324		update any change in that e-mail address.
323	325		(d) A victim, guardian of a victim, or close relative of a
324	326		deceased victim may designate a person, including an entity that
325	327		provides services to victims of an offense described by Subsection
326	328		(a), to receive any notice requested under Subsection (b)(2). This
327	329		person may not be the person charged with the offense.
328	330		(e) If a victim of an offense described by Subsection (a) is
329	331		also entitled to additional rights under Article 56A.052, or if a
330	332		conflict exists between this article and Article 56A.052, that
331	333		article controls.
332	334		SECTION 6. Article 56A.501, Code of Criminal Procedure, is
333	335		amended to read as follows:
334	336		Art. 56A.501. DEFINITION [DEFINITIONS]. In this
335	337		subchapter, "correctional[:
336	338		[(1) "Correctional] facility" has the meaning
337	339		assigned by Section 1.07, Penal Code.
338	340		[(2) "Family violence" has the meaning assigned by
339	341		Section 71.004, Family Code.]
340	342		SECTION 7. The change in law made by this Act applies only
341	343		to an offense committed on or after the effective date of this Act.
342	344		An offense committed before the effective date of this Act is
343	345		governed by the law in effect on the date the offense was committed,
344	346		and the former law is continued in effect for that purpose. For
345	347		purposes of this section, an offense was committed before the
346	348		effective date of this Act if any element of the offense occurred
347	349		before that date.
348	350		SECTION 8. This Act takes effect September 1, 2025.
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