Texas 2025 - 89th Regular

Texas Senate Bill SB1704 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R9037 MCF-D
2	2	By: Parker, Huffman S.B. No. 1704
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain rights of crime victims and witnesses and
10	10	associated persons and to victim impact statements.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 56A.051(a), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(a) A victim, guardian of a victim, or close relative of a
15	15	deceased victim is entitled to the following rights within the
16	16	criminal justice system:
17	17	(1) the right to receive from a law enforcement agency
18	18	adequate protection from harm and threats of harm arising from
19	19	cooperation with prosecution efforts;
20	20	(2) the right to have the magistrate consider the
21	21	safety of the victim or the victim's family in setting the amount of
22	22	bail for the defendant;
23	23	(3) if requested, the right to be informed in the
24	24	manner provided by Article 56A.0525:
25	25	(A) by the attorney representing the state of
26	26	relevant court proceedings, including appellate proceedings, and
27	27	to be informed if those proceedings have been canceled or
28	28	rescheduled before the event;
29	29	(B) by the sentencing court of a modification or
30	30	amendment to the defendant's sentence, not later than three days
31	31	after the date on which the modification or amendment was made; and
32	32	(C) [(B)] by an appellate court of the court's
33	33	decisions, after the decisions are entered but before the decisions
34	34	are made public;
35	35	(4) when requested, the right to be informed in the
36	36	manner provided by Article 56A.0525:
37	37	(A) by a peace officer concerning the defendant's
38	38	right to bail and the procedures in criminal investigations; and
39	39	(B) by the office of the attorney representing
40	40	the state concerning the general procedures in the criminal justice
41	41	system, including general procedures in guilty plea negotiations
42	42	and arrangements, restitution, and the appeals and parole process;
43	43	(5) the right to provide pertinent information to a
44	44	community supervision and corrections department conducting a
45	45	presentencing investigation concerning the impact of the offense on
46	46	the victim and the victim's family by testimony, written statement,
47	47	or any other manner before any sentencing of the defendant;
48	48	(6) the right to receive information, in the manner
49	49	provided by Article 56A.0525:
50	50	(A) regarding compensation to victims of crime as
51	51	provided by Chapter 56B, including information related to the costs
52	52	that may be compensated under that chapter and the amount of
53	53	compensation, eligibility for compensation, and procedures for
54	54	application for compensation under that chapter;
55	55	(B) for a victim of a sexual assault, regarding
56	56	the payment under Subchapter G for a forensic medical examination;
57	57	and
58	58	(C) when requested, providing a referral to
59	59	available social service agencies that may offer additional
60	60	assistance;
61	61	(7) the right to:
62	62	(A) be informed, on request, and in the manner
63	63	provided by Article 56A.0525, of parole procedures;
64	64	(B) participate in the parole process;
65	65	(C) provide to the board for inclusion in the
66	66	defendant's file information to be considered by the board before
67	67	the parole of any defendant convicted of any offense subject to this
68	68	chapter; and
69	69	(D) be notified in the manner provided by Article
70	70	56A.0525, unless waived as provided by Article 56A.1511 [if
71	71	requested], of parole proceedings concerning a defendant in the
72	72	victim's case and of the defendant's release;
73	73	(8) the right to be provided with a waiting area,
74	74	separate or secure from other witnesses, including the defendant
75	75	and relatives of the defendant, before testifying in any proceeding
76	76	concerning the defendant; if a separate waiting area is not
77	77	available, other safeguards should be taken to minimize the
78	78	victim's contact with the defendant and the defendant's relatives
79	79	and witnesses, before and during court proceedings;
80	80	(9) the right to the prompt return of any of the
81	81	victim's property that is held by a law enforcement agency or the
82	82	attorney representing the state as evidence when the property is no
83	83	longer required for that purpose;
84	84	(10) the right to have the attorney representing the
85	85	state notify the victim's employer, if requested, that the victim's
86	86	cooperation and testimony is necessary in a proceeding that may
87	87	require the victim to be absent from work for good cause;
88	88	(11) the right to request victim-offender mediation
89	89	coordinated by the victim services division of the department;
90	90	(12) the right to be informed, in the manner provided
91	91	by Article 56A.0525, of the uses of a victim impact statement and
92	92	the statement's purpose in the criminal justice system as described
93	93	by Subchapter D, to complete the victim impact statement, and to
94	94	have the victim impact statement considered:
95	95	(A) by the attorney representing the state and
96	96	the judge before sentencing or before a plea bargain agreement is
97	97	accepted; and
98	98	(B) by the board before a defendant is released
99	99	on parole;
100	100	(13) for a victim of an assault or sexual assault who
101	101	is younger than 17 years of age or whose case involves family
102	102	violence, as defined by Section 71.004, Family Code, the right to
103	103	have the court consider the impact on the victim of a continuance
104	104	requested by the defendant; if requested by the attorney
105	105	representing the state or by the defendant's attorney, the court
106	106	shall state on the record the reason for granting or denying the
107	107	continuance; and
108	108	(14) if the offense is a capital felony, the right to:
109	109	(A) receive by mail from the court a written
110	110	explanation of defense-initiated victim outreach if the court has
111	111	authorized expenditures for a defense-initiated victim outreach
112	112	specialist;
113	113	(B) not be contacted by the victim outreach
114	114	specialist unless the victim, guardian, or relative has consented
115	115	to the contact by providing a written notice to the court; and
116	116	(C) designate a victim service provider to
117	117	receive all communications from a victim outreach specialist acting
118	118	on behalf of any person.
119	119	SECTION 2. Articles 56A.151(b) and (c), Code of Criminal
120	120	Procedure, are amended to read as follows:
121	121	(b) The victim impact statement must be in a form designed
122	122	to:
123	123	(1) inform a victim, guardian of a victim, or close
124	124	relative of a deceased victim:
125	125	(A) [with a clear statement] of the rights
126	126	granted by Subchapter B, with a clear statement of those rights; and
127	127	(B) that the following information will be
128	128	provided unless the victim, guardian, or relative waives the right
129	129	to receive the information under Article 56A.1511:
130	130	(i) notification of any parole proceedings
131	131	concerning the defendant; and
132	132	(ii) any information concerning the release
133	133	of the defendant from the department; and
134	134	(2) collect the following information:
135	135	(A) the name of the victim of the offense or, if
136	136	the victim has a legal guardian or is deceased, the name of a
137	137	guardian or close relative of the victim;
138	138	(B) the address and telephone number of the
139	139	victim, guardian, or relative through which the victim, guardian,
140	140	or relative may be contacted;
141	141	(C) a statement of economic loss suffered by the
142	142	victim, guardian, or relative as a result of the offense;
143	143	(D) a statement of any physical or psychological
144	144	injury suffered by the victim, guardian, or relative as a result of
145	145	the offense, as described by the victim, guardian, or relative or by
146	146	a physician or counselor;
147	147	(E) a statement of any psychological services
148	148	requested as a result of the offense;
149	149	(F) a statement of any change in the victim's,
150	150	guardian's, or relative's personal welfare or familial relationship
151	151	as a result of the offense;
152	152	(G) [a statement regarding whether the victim,
153	153	guardian, or relative wants to be notified of any parole hearing for
154	154	the defendant;
155	155	[(H)] if the victim is a child, whether there is
156	156	an existing court order granting to the defendant possession of or
157	157	access to the victim; and
158	158	(H) [(I)] any other information related to the
159	159	impact of the offense on the victim, guardian, or relative, other
160	160	than facts related to the commission of the offense.
161	161	(c) The victim impact statement must include an explanation
162	162	regarding the procedures by which a victim, guardian of a victim, or
163	163	close relative of a deceased victim may be provided the information
164	164	described by Subsection (b)(1)(B) after previously waiving the
165	165	right to receive the information under Article 56A.1511 [obtain
166	166	information concerning the release of the defendant from the
167	167	department].
168	168	SECTION 3. Subchapter D, Chapter 56A, Code of Criminal
169	169	Procedure, is amended by adding Article 56A.1511 to read as
170	170	follows:
171	171	Art. 56A.1511. WAIVER OF RIGHT TO CERTAIN INFORMATION. A
172	172	person who completes a victim impact statement under Article
173	173	56A.151 may:
174	174	(1) waive the right to receive the information
175	175	described by Article 56A.151(b)(1)(B); and
176	176	(2) on notice to the department in the manner
177	177	prescribed by the department, elect to be provided the information
178	178	described by Article 56A.151(b)(1)(B) after previously waiving the
179	179	right.
180	180	SECTION 4. Article 56A.152, Code of Criminal Procedure, is
181	181	amended to read as follows:
182	182	Art. 56A.152. RECOMMENDATIONS TO ENSURE SUBMISSION OF
183	183	STATEMENT. The victim services division of the department, in
184	184	consultation with the board, law enforcement agencies, offices of
185	185	attorneys representing the state, and other participants in the
186	186	criminal justice system and in consultation with health care
187	187	professionals who provide health care services to victims, shall
188	188	develop recommendations to:
189	189	(1) increase the number of victim impact statements
190	190	that are completed; and
191	191	(2) ensure that completed victim impact statements are
192	192	submitted to the department as provided by Article 56A.159(b).
193	193	SECTION 5. Article 56A.153, Code of Criminal Procedure, is
194	194	amended to read as follows:
195	195	Art. 56A.153. NOTIFICATION TO COURT REGARDING RELEASE OF
196	196	DEFENDANT WITH ACCESS TO CHILD VICTIM. If information collected
197	197	under Article 56A.151(b)(2)(G) [56A.151(b)(2)(H)] indicates the
198	198	defendant is granted possession of or access to a child victim under
199	199	court order and the department subsequently imprisons the defendant
200	200	as a result of the defendant's commission of the offense, the victim
201	201	services division of the department shall contact the court that
202	202	issued the order before the department releases the defendant on
203	203	parole or to mandatory supervision.
204	204	SECTION 6. Article 56A.154, Code of Criminal Procedure, is
205	205	amended to read as follows:
206	206	Art. 56A.154. CHANGE OF ADDRESS. If a victim, guardian of a
207	207	victim, or close relative of a deceased victim has not waived the
208	208	right to receive information described by Article 56A.151(b)(1)(B)
209	209	[states on a victim impact statement that the victim, guardian, or
210	210	relative wants to be notified of parole proceedings], the victim,
211	211	guardian, or relative must notify the board of any change of
212	212	address.
213	213	SECTION 7. Article 56A.505, Code of Criminal Procedure, is
214	214	amended to read as follows:
215	215	Art. 56A.505. WAIVER [NOTIFICATION] OF RIGHT TO CERTAIN
216	216	INFORMATION [NOTICE]. Not later than immediately following the
217	217	conviction of a defendant for an offense described by Article
218	218	56A.502, the attorney who represented the state in the prosecution
219	219	of the case shall notify in writing a victim or witness described by
220	220	Article 56A.503(a) of:
221	221	(1) the victim's or witness's ability to waive the
222	222	right to receive notice under this subchapter; and
223	223	(2) the manner in which the victim may notify the
224	224	department, the sheriff, or the community supervision and
225	225	corrections department supervising the defendant, as appropriate,
226	226	if the victim or witness elects to be provided notice under this
227	227	subchapter after previously waiving the right.
228	228	SECTION 8. Article 56A.552, Code of Criminal Procedure, is
229	229	amended to read as follows:
230	230	Art. 56A.552. NOTIFICATION OF VICTIM. The department
231	231	shall immediately notify the victim of an offense, the victim's
232	232	guardian, or the victim's close relative if the victim is deceased,
233	233	subject to a waiver of notification under [if the victim, victim's
234	234	guardian, or victim's close relative has notified the department as
235	235	provided by] Article 56A.554, when the defendant:
236	236	(1) escapes from a facility operated by the department
237	237	for the imprisonment of individuals convicted of felonies other
238	238	than state jail felonies; or
239	239	(2) is transferred from the custody of a facility
240	240	described by Subdivision (1) to the custody of a peace officer under
241	241	a writ of attachment or a bench warrant.
242	242	SECTION 9. Article 56A.553, Code of Criminal Procedure, is
243	243	amended to read as follows:
244	244	Art. 56A.553. NOTIFICATION OF WITNESS. The department
245	245	shall immediately notify a witness who testified against a
246	246	defendant at the trial for the offense for which the defendant is
247	247	imprisoned, the witness's guardian, or the witness's close
248	248	relative, subject to a waiver of notification under [if the
249	249	witness, witness's guardian, or witness's close relative has
250	250	notified the department as provided by] Article 56A.554, when the
251	251	defendant:
252	252	(1) escapes from a facility operated by the department
253	253	for the imprisonment of individuals convicted of felonies other
254	254	than state jail felonies; or
255	255	(2) is transferred from the custody of a facility
256	256	described by Subdivision (1) to the custody of a peace officer under
257	257	a writ of attachment or a bench warrant.
258	258	SECTION 10. Article 56A.554, Code of Criminal Procedure, is
259	259	amended to read as follows:
260	260	Art. 56A.554. ADDRESS [REQUEST] FOR NOTIFICATION; WAIVER
261	261	[CHANGE OF ADDRESS]. (a) For purposes of receiving the department
262	262	notification required under this subchapter, a [A] victim, witness,
263	263	guardian, or close relative shall:
264	264	(1) provide the department with the e-mail address,
265	265	mailing address, and telephone number of the victim, witness,
266	266	guardian, or close relative; and
267	267	(2) notify the department of any change of address or
268	268	telephone number of the victim, witness, guardian, or close
269	269	relative.
270	270	(b) A victim, witness, guardian, or close relative may:
271	271	(1) waive the right to the department [who wants]
272	272	notification required under this subchapter by providing notice to
273	273	[of a defendant's escape or transfer from custody under a writ of
274	274	attachment or bench warrant must notify] the department of that
275	275	fact; and
276	276	(2) on notice to the department in the manner
277	277	prescribed by the department, elect to be provided the department
278	278	notification after previously waiving the right [and of any change
279	279	of address].
280	280	SECTION 11. This Act takes effect September 1, 2025.