Texas 2025 - 89th Regular

Texas Senate Bill SB761

Filed
1/10/25  
Out of Senate Committee
3/19/25  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to rights of crime victims, including the enforcement of certain rights of sexual assault victims; authorizing a civil penalty.

Impact

The enactment of SB761 is expected to significantly improve the legal framework surrounding victim rights in Texas. By mandating notification about court proceedings and the opportunity for victim involvement in the plea bargaining process, the bill aims to create a more responsive and victim-centric criminal justice system. Furthermore, it imposes civil penalties on healthcare facilities that fail to meet victim advocacy requirements, thereby enforcing compliance and accountability. This could lead to greater protections and support for victims navigating the judicial system, particularly in sensitive cases involving sexual violence.

Summary

Senate Bill 761 seeks to enhance the rights and protections afforded to victims of crime, particularly focusing on those affected by sexual assault. The bill proposes amendments to the Code of Criminal Procedure, reinforcing the necessity for victim impact statements during guilty plea negotiations and ensuring that victims are notified of their rights throughout the judicial process. Essential provisions include the entitlement for victims to have advocates present during interviews and medical examinations, thereby enhancing support during what can be a traumatic process.

Sentiment

The overall sentiment towards SB761 appears to lean positively among advocates for victims' rights, who believe it addresses significant gaps in the current legislation. Proponents argue that enhancing the rights and protections of victims serves to empower them and make the justice process more equitable. However, there may be skepticism regarding the bill's implementation and effectiveness, particularly about how various stakeholders within the judicial system will adapt to these new requirements.

Contention

Some points of contention surrounding SB761 may include concerns about the practical implications of enforcing the new requirements, such as the availability of advocates during critical moments in the legal process and the potential for additional burdens on law enforcement and legal entities. Critics may argue that while the bill aims to enhance victim rights, it could also introduce challenges for law enforcement in managing cases efficiently, especially when advocates are required to be present during investigative interviews.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 26. Arraignment
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 56a. Rights Of Crime Victims
    • Section: New Section
    • Section: 0531
    • Section: 3515
    • Section: New Section
    • Section: 0531
    • Section: 3515
    • Section: New Section
    • Section: 0531
    • Section: 3515
    • Section: New Section
    • Section: 3515
    • Section: 0531

Health And Safety Code

  • Chapter 241. Hospitals
    • Section: New Section
  • Chapter 323. Emergency Services And Forensic Examination Programs For Survivors Of Sexual Assault
    • Section: New Section
    • Section: New Section
    • Section: New Section

Family Code

  • Chapter 101. Definitions
    • Section: New Section

Companion Bills

TX HB1953

Identical Relating to rights of crime victims, including the enforcement of certain rights of sexual assault victims; authorizing a civil penalty.

Similar Bills

TX HB1953

Relating to rights of crime victims, including the enforcement of certain rights of sexual assault victims; authorizing a civil penalty.

MI SB0813

Criminal procedure: evidence; consideration of videorecorded statements in certain proceedings; allow. Amends sec. 2163a of 1961 PA 236 (MCL 600.2163a).

OR SB736

Relating to investigations of child abuse involving the child's parent.

MI SB0248

Courts: other; age requirement for the use of a courtroom support dog; modify. Amends sec. 2163a of 1961 PA 236 (MCL 600.2163a).

ME LD765

An Act to Establish an Exception to the Hearsay Rule for Forensic Interviews of a Protected Person

US HB16

Stopping Border Surges Act This bill modifies immigration law provisions relating to unaccompanied alien minors and to asylum seekers.The bill requires the Department of Homeland Security (DHS) to repatriate certain unaccompanied, inadmissible alien children, generally those not at risk of being trafficking victims nor having a fear of persecution. Currently, only inadmissible unaccompanied aliens from neighboring countries are subject to repatriation, and DHS has discretion whether to repatriate.When the Department of Health and Human Services releases an unaccompanied child to an individual, it shall provide DHS with certain information about that individual, including Social Security number and immigration status.The bill requires a stricter standard to find a credible fear of persecution and imposes additional rules on credible fear interviews.If an alien is granted asylum because of fear of persecution in a country, the alien shall be deemed to have renounced asylum status by returning to that country, if there has been no change in the country's conditions.The bill also (1) expands the definition of what constitutes a frivolous asylum application, (2) imposes additional limitations on eligibility for asylum, (3) shortens the deadline for applying for asylum, and (4) extends the time period an alien seeking asylum must wait before receiving employment authorization.Any individual who knowingly and willfully makes materially false statements or uses fraudulent documents in asylum-related proceedings shall be fined or imprisoned up to 10 years, or both.

AZ HB2361

DCS; removal of children

IL HB4220

DCFS-PARENTS' RIGHTS-NOTICE