89R9037 MCF-D
By: Parker, Huffman S.B. No. 1704
A BILL TO BE ENTITLED
AN ACT
relating to certain rights of crime victims and witnesses and
associated persons and to victim impact statements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 56A.051(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A victim, guardian of a victim, or close relative of a
deceased victim is entitled to the following rights within the
criminal justice system:
(1) the right to receive from a law enforcement agency
adequate protection from harm and threats of harm arising from
cooperation with prosecution efforts;
(2) the right to have the magistrate consider the
safety of the victim or the victim's family in setting the amount of
bail for the defendant;
(3) if requested, the right to be informed in the
manner provided by Article 56A.0525:
(A) by the attorney representing the state of
relevant court proceedings, including appellate proceedings, and
to be informed if those proceedings have been canceled or
rescheduled before the event;
(B) by the sentencing court of a modification or
amendment to the defendant's sentence, not later than three days
after the date on which the modification or amendment was made; and
(C) [(B)] by an appellate court of the court's
decisions, after the decisions are entered but before the decisions
are made public;
(4) when requested, the right to be informed in the
manner provided by Article 56A.0525:
(A) by a peace officer concerning the defendant's
right to bail and the procedures in criminal investigations; and
(B) by the office of the attorney representing
the state concerning the general procedures in the criminal justice
system, including general procedures in guilty plea negotiations
and arrangements, restitution, and the appeals and parole process;
(5) the right to provide pertinent information to a
community supervision and corrections department conducting a
presentencing investigation concerning the impact of the offense on
the victim and the victim's family by testimony, written statement,
or any other manner before any sentencing of the defendant;
(6) the right to receive information, in the manner
provided by Article 56A.0525:
(A) regarding compensation to victims of crime as
provided by Chapter 56B, including information related to the costs
that may be compensated under that chapter and the amount of
compensation, eligibility for compensation, and procedures for
application for compensation under that chapter;
(B) for a victim of a sexual assault, regarding
the payment under Subchapter G for a forensic medical examination;
and
(C) when requested, providing a referral to
available social service agencies that may offer additional
assistance;
(7) the right to:
(A) be informed, on request, and in the manner
provided by Article 56A.0525, of parole procedures;
(B) participate in the parole process;
(C) provide to the board for inclusion in the
defendant's file information to be considered by the board before
the parole of any defendant convicted of any offense subject to this
chapter; and
(D) be notified in the manner provided by Article
56A.0525, unless waived as provided by Article 56A.1511 [if
requested], of parole proceedings concerning a defendant in the
victim's case and of the defendant's release;
(8) the right to be provided with a waiting area,
separate or secure from other witnesses, including the defendant
and relatives of the defendant, before testifying in any proceeding
concerning the defendant; if a separate waiting area is not
available, other safeguards should be taken to minimize the
victim's contact with the defendant and the defendant's relatives
and witnesses, before and during court proceedings;
(9) the right to the prompt return of any of the
victim's property that is held by a law enforcement agency or the
attorney representing the state as evidence when the property is no
longer required for that purpose;
(10) the right to have the attorney representing the
state notify the victim's employer, if requested, that the victim's
cooperation and testimony is necessary in a proceeding that may
require the victim to be absent from work for good cause;
(11) the right to request victim-offender mediation
coordinated by the victim services division of the department;
(12) the right to be informed, in the manner provided
by Article 56A.0525, of the uses of a victim impact statement and
the statement's purpose in the criminal justice system as described
by Subchapter D, to complete the victim impact statement, and to
have the victim impact statement considered:
(A) by the attorney representing the state and
the judge before sentencing or before a plea bargain agreement is
accepted; and
(B) by the board before a defendant is released
on parole;
(13) for a victim of an assault or sexual assault who
is younger than 17 years of age or whose case involves family
violence, as defined by Section 71.004, Family Code, the right to
have the court consider the impact on the victim of a continuance
requested by the defendant; if requested by the attorney
representing the state or by the defendant's attorney, the court
shall state on the record the reason for granting or denying the
continuance; and
(14) if the offense is a capital felony, the right to:
(A) receive by mail from the court a written
explanation of defense-initiated victim outreach if the court has
authorized expenditures for a defense-initiated victim outreach
specialist;
(B) not be contacted by the victim outreach
specialist unless the victim, guardian, or relative has consented
to the contact by providing a written notice to the court; and
(C) designate a victim service provider to
receive all communications from a victim outreach specialist acting
on behalf of any person.
SECTION 2. Articles 56A.151(b) and (c), Code of Criminal
Procedure, are amended to read as follows:
(b) The victim impact statement must be in a form designed
to:
(1) inform a victim, guardian of a victim, or close
relative of a deceased victim:
(A) [with a clear statement] of the rights
granted by Subchapter B, with a clear statement of those rights; and
(B) that the following information will be
provided unless the victim, guardian, or relative waives the right
to receive the information under Article 56A.1511:
(i) notification of any parole proceedings
concerning the defendant; and
(ii) any information concerning the release
of the defendant from the department; and
(2) collect the following information:
(A) the name of the victim of the offense or, if
the victim has a legal guardian or is deceased, the name of a
guardian or close relative of the victim;
(B) the address and telephone number of the
victim, guardian, or relative through which the victim, guardian,
or relative may be contacted;
(C) a statement of economic loss suffered by the
victim, guardian, or relative as a result of the offense;
(D) a statement of any physical or psychological
injury suffered by the victim, guardian, or relative as a result of
the offense, as described by the victim, guardian, or relative or by
a physician or counselor;
(E) a statement of any psychological services
requested as a result of the offense;
(F) a statement of any change in the victim's,
guardian's, or relative's personal welfare or familial relationship
as a result of the offense;
(G) [a statement regarding whether the victim,
guardian, or relative wants to be notified of any parole hearing for
the defendant;
[(H)] if the victim is a child, whether there is
an existing court order granting to the defendant possession of or
access to the victim; and
(H) [(I)] any other information related to the
impact of the offense on the victim, guardian, or relative, other
than facts related to the commission of the offense.
(c) The victim impact statement must include an explanation
regarding the procedures by which a victim, guardian of a victim, or
close relative of a deceased victim may be provided the information
described by Subsection (b)(1)(B) after previously waiving the
right to receive the information under Article 56A.1511 [obtain
information concerning the release of the defendant from the
department].
SECTION 3. Subchapter D, Chapter 56A, Code of Criminal
Procedure, is amended by adding Article 56A.1511 to read as
follows:
Art. 56A.1511. WAIVER OF RIGHT TO CERTAIN INFORMATION. A
person who completes a victim impact statement under Article
56A.151 may:
(1) waive the right to receive the information
described by Article 56A.151(b)(1)(B); and
(2) on notice to the department in the manner
prescribed by the department, elect to be provided the information
described by Article 56A.151(b)(1)(B) after previously waiving the
right.
SECTION 4. Article 56A.152, Code of Criminal Procedure, is
amended to read as follows:
Art. 56A.152. RECOMMENDATIONS TO ENSURE SUBMISSION OF
STATEMENT. The victim services division of the department, in
consultation with the board, law enforcement agencies, offices of
attorneys representing the state, and other participants in the
criminal justice system and in consultation with health care
professionals who provide health care services to victims, shall
develop recommendations to:
(1) increase the number of victim impact statements
that are completed; and
(2) ensure that completed victim impact statements are
submitted to the department as provided by Article 56A.159(b).
SECTION 5. Article 56A.153, Code of Criminal Procedure, is
amended to read as follows:
Art. 56A.153. NOTIFICATION TO COURT REGARDING RELEASE OF
DEFENDANT WITH ACCESS TO CHILD VICTIM. If information collected
under Article 56A.151(b)(2)(G) [56A.151(b)(2)(H)] indicates the
defendant is granted possession of or access to a child victim under
court order and the department subsequently imprisons the defendant
as a result of the defendant's commission of the offense, the victim
services division of the department shall contact the court that
issued the order before the department releases the defendant on
parole or to mandatory supervision.
SECTION 6. Article 56A.154, Code of Criminal Procedure, is
amended to read as follows:
Art. 56A.154. CHANGE OF ADDRESS. If a victim, guardian of a
victim, or close relative of a deceased victim has not waived the
right to receive information described by Article 56A.151(b)(1)(B)
[states on a victim impact statement that the victim, guardian, or
relative wants to be notified of parole proceedings], the victim,
guardian, or relative must notify the board of any change of
address.
SECTION 7. Article 56A.505, Code of Criminal Procedure, is
amended to read as follows:
Art. 56A.505. WAIVER [NOTIFICATION] OF RIGHT TO CERTAIN
INFORMATION [NOTICE]. Not later than immediately following the
conviction of a defendant for an offense described by Article
56A.502, the attorney who represented the state in the prosecution
of the case shall notify in writing a victim or witness described by
Article 56A.503(a) of:
(1) the victim's or witness's ability to waive the
right to receive notice under this subchapter; and
(2) the manner in which the victim may notify the
department, the sheriff, or the community supervision and
corrections department supervising the defendant, as appropriate,
if the victim or witness elects to be provided notice under this
subchapter after previously waiving the right.
SECTION 8. Article 56A.552, Code of Criminal Procedure, is
amended to read as follows:
Art. 56A.552. NOTIFICATION OF VICTIM. The department
shall immediately notify the victim of an offense, the victim's
guardian, or the victim's close relative if the victim is deceased,
subject to a waiver of notification under [if the victim, victim's
guardian, or victim's close relative has notified the department as
provided by] Article 56A.554, when the defendant:
(1) escapes from a facility operated by the department
for the imprisonment of individuals convicted of felonies other
than state jail felonies; or
(2) is transferred from the custody of a facility
described by Subdivision (1) to the custody of a peace officer under
a writ of attachment or a bench warrant.
SECTION 9. Article 56A.553, Code of Criminal Procedure, is
amended to read as follows:
Art. 56A.553. NOTIFICATION OF WITNESS. The department
shall immediately notify a witness who testified against a
defendant at the trial for the offense for which the defendant is
imprisoned, the witness's guardian, or the witness's close
relative, subject to a waiver of notification under [if the
witness, witness's guardian, or witness's close relative has
notified the department as provided by] Article 56A.554, when the
defendant:
(1) escapes from a facility operated by the department
for the imprisonment of individuals convicted of felonies other
than state jail felonies; or
(2) is transferred from the custody of a facility
described by Subdivision (1) to the custody of a peace officer under
a writ of attachment or a bench warrant.
SECTION 10. Article 56A.554, Code of Criminal Procedure, is
amended to read as follows:
Art. 56A.554. ADDRESS [REQUEST] FOR NOTIFICATION; WAIVER
[CHANGE OF ADDRESS]. (a) For purposes of receiving the department
notification required under this subchapter, a [A] victim, witness,
guardian, or close relative shall:
(1) provide the department with the e-mail address,
mailing address, and telephone number of the victim, witness,
guardian, or close relative; and
(2) notify the department of any change of address or
telephone number of the victim, witness, guardian, or close
relative.
(b) A victim, witness, guardian, or close relative may:
(1) waive the right to the department [who wants]
notification required under this subchapter by providing notice to
[of a defendant's escape or transfer from custody under a writ of
attachment or bench warrant must notify] the department of that
fact; and
(2) on notice to the department in the manner
prescribed by the department, elect to be provided the department
notification after previously waiving the right [and of any change
of address].
SECTION 11. This Act takes effect September 1, 2025.