Texas 2025 - 89th Regular

Texas Senate Bill SB761 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hinojosa of Hidalgo S.B. No. 761
2		-
3		-
	2	+	(In the Senate - Filed January 10, 2025; February 7, 2025,
	3	+	read first time and referred to Committee on Criminal Justice;
	4	+	March 19, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 7, Nays 0; March 19, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 761 By: Miles
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to rights of crime victims, including the enforcement of
9	14		certain rights of sexual assault victims; authorizing a civil
10	15		penalty.
11	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	17		SECTION 1. Article 26.13(e), Code of Criminal Procedure, is
13	18		amended to read as follows:
14	19		(e) Before accepting a plea of guilty or a plea of nolo
15	20		contendere, the court shall, as applicable in the case:
16	21		(1) inquire as to whether a victim impact statement
17	22		has been returned to the attorney representing the state and ask for
18	23		a copy of the statement if one has been returned; and
19	24		(2) inquire as to whether the attorney representing
20	25		the state has:
21	26		(A) given notice, at least five business days
22	27		before the date of the presentation of the agreement to the court or
23	28		otherwise as soon as reasonably practicable, of the existence and
24	29		terms of any plea bargain agreement to the victim, guardian of a
25	30		victim, or close relative of a deceased victim, as those terms are
26	31		defined by Article 56A.001; and
27	32		(B) conferred with the victim, guardian of a
28	33		victim, or close relative of a deceased victim regarding the
29	34		disposition of the case.
30	35		SECTION 2. Article 56A.051(a), Code of Criminal Procedure,
31	36		is amended to read as follows:
32	37		(a) A victim, guardian of a victim, or close relative of a
33	38		deceased victim is entitled to the following rights within the
34	39		criminal justice system:
35	40		(1) the right to receive from a law enforcement agency
36	41		adequate protection from harm and threats of harm arising from
37	42		cooperation with prosecution efforts;
38	43		(2) the right to have the magistrate consider the
39	44		safety of the victim or the victim's family in setting the amount of
40	45		bail for the defendant;
41	46		(3) if requested, the right to be informed in the
42	47		manner provided by Article 56A.0525:
43	48		(A) by the attorney representing the state of
44	49		relevant court proceedings, including appellate proceedings, at
45	50		least five business days before the date of each proceeding or
46	51		otherwise as soon as reasonably practicable, and to be informed as
47	52		soon as possible if those proceedings have been canceled or
48	53		rescheduled before the event; and
49	54		(B) by an appellate court of the court's
50	55		decisions, after the decisions are entered but before the decisions
51	56		are made public;
52	57		(4) when requested, the right to be informed in the
53	58		manner provided by Article 56A.0525:
54	59		(A) by a peace officer concerning the defendant's
55	60		right to bail and the procedures in criminal investigations; and
56	61		(B) by the office of the attorney representing
57	62		the state concerning the general procedures in the criminal justice
58	63		system, including general procedures in guilty plea negotiations
59	64		and arrangements, restitution, and the appeals and parole process;
60	65		(5) the right to provide pertinent information to a
61	66		community supervision and corrections department conducting a
62	67		presentencing investigation concerning the impact of the offense on
63	68		the victim and the victim's family by testimony, written statement,
64	69		or any other manner before any sentencing of the defendant;
65	70		(6) the right to receive information, in the manner
66	71		provided by Article 56A.0525:
67	72		(A) regarding compensation to victims of crime as
68	73		provided by Chapter 56B, including information related to the costs
69	74		that may be compensated under that chapter and the amount of
70	75		compensation, eligibility for compensation, and procedures for
71	76		application for compensation under that chapter;
72	77		(B) for a victim of a sexual assault, regarding
73	78		the payment under Subchapter G for a forensic medical examination;
74	79		and
75	80		(C) when requested, providing a referral to
76	81		available social service agencies that may offer additional
77	82		assistance;
78	83		(7) the right to:
79	84		(A) be informed, on request, and in the manner
80	85		provided by Article 56A.0525, of parole procedures;
81	86		(B) participate in the parole process;
82	87		(C) provide to the board for inclusion in the
83	88		defendant's file information to be considered by the board before
84	89		the parole of any defendant convicted of any offense subject to this
85	90		chapter; and
86	91		(D) be notified in the manner provided by
87	92		Article 56A.0525, if requested, of parole proceedings concerning a
88	93		defendant in the victim's case and of the defendant's release;
89	94		(8) the right to be provided with a waiting area,
90	95		separate or secure from other witnesses, including the defendant
91	96		and relatives of the defendant, before testifying in any proceeding
92	97		concerning the defendant; if a separate waiting area is not
93	98		available, other safeguards should be taken to minimize the
94	99		victim's contact with the defendant and the defendant's relatives
95	100		and witnesses, before and during court proceedings;
96	101		(9) the right to the prompt return of any of the
97	102		victim's property that is held by a law enforcement agency or the
98	103		attorney representing the state as evidence when the property is no
99	104		longer required for that purpose;
100	105		(10) the right to have the attorney representing the
101	106		state notify the victim's employer, if requested, that the victim's
102	107		cooperation and testimony is necessary in a proceeding that may
103	108		require the victim to be absent from work for good cause;
104	109		(11) the right to request victim-offender mediation
105	110		coordinated by the victim services division of the department;
106	111		(12) the right to be informed, in the manner provided
107	112		by Article 56A.0525, of the uses of a victim impact statement and
108	113		the statement's purpose in the criminal justice system as described
109	114		by Subchapter D, to complete the victim impact statement, and to
110	115		have the victim impact statement considered:
111	116		(A) by the attorney representing the state and
112	117		the judge before sentencing or before a plea bargain agreement is
113	118		accepted; and
114	119		(B) by the board before a defendant is released
115	120		on parole;
116	121		(13) for a victim of an assault or sexual assault who
117	122		is younger than 17 years of age or whose case involves family
118	123		violence, as defined by Section 71.004, Family Code, the right to
119	124		have the court consider the impact on the victim of a continuance
120	125		requested by the defendant; if requested by the attorney
121	126		representing the state or by the defendant's attorney, the court
122	127		shall state on the record the reason for granting or denying the
123	128		continuance; and
124	129		(14) if the offense is a capital felony, the right to:
125	130		(A) receive by mail from the court a written
126	131		explanation of defense-initiated victim outreach if the court has
127	132		authorized expenditures for a defense-initiated victim outreach
128	133		specialist;
129	134		(B) not be contacted by the victim outreach
130	135		specialist unless the victim, guardian, or relative has consented
131	136		to the contact by providing a written notice to the court; and
132	137		(C) designate a victim service provider to
133	138		receive all communications from a victim outreach specialist acting
134	139		on behalf of any person.
135	140		SECTION 3. Article 56A.0531, Code of Criminal Procedure, is
136	141		amended to read as follows:
137	142		Art. 56A.0531. ASSERTION OF RIGHTS. A victim, guardian of a
138	143		victim, or close relative of a deceased victim may assert the rights
139	144		provided by this chapter either orally or in writing, individually
140	145		or through an attorney.
141	146		SECTION 4. Article 56A.351, Code of Criminal Procedure, is
142	147		amended by amending Subsection (e) and adding Subsections (f), (g),
143	148		(h), and (i) to read as follows:
144	149		(e) Any individual or entity, including a health care
145	150		facility, that provides an advocate with access under Subsection
146	151		(a) to a victim consenting to a forensic medical examination is not
147	152		subject to civil or criminal liability for providing that access.
148	153		[In this article, "health care facility" includes a hospital
149	154		licensed under Chapter 241, Health and Safety Code.]
150	155		(f) An individual or entity, including a health care
151	156		facility, that is required to offer a victim the opportunity to have
152	157		an advocate from a sexual assault program be present with the victim
153	158		during the forensic medical examination shall document:
154	159		(1) whether the offer was extended to the victim;
155	160		(2) whether the advocate was available at the time of
156	161		the examination; and
157	162		(3) if the offer was not extended to the victim, the
158	163		reason the offer was not extended to the victim.
159	164		(g) An individual or entity, including a health care
160	165		facility, that does not offer a victim the opportunity to have an
161	166		advocate be present, as required by Subsection (a), or that
162	167		otherwise prevents a victim from gaining access to an advocate
163	168		described by that subsection for a reason other than the
164	169		unavailability of the advocate, is:
165	170		(1) liable to this state for a civil penalty in the
166	171		amount of $1,000 for each violation; and
167	172		(2) subject to, if the individual or entity is
168	173		designated as a SAFE-ready facility or SAFE program, as those terms
169	174		are defined by Section 323.001, Health and Safety Code, removal of
170	175		the facility's or program's designation by the Health and Human
171	176		Services Commission or Department of State Health Services, as
172	177		applicable, under Chapter 323, Health and Safety Code.
173	178		(h) The attorney general may bring an action to recover the
174	179		civil penalty imposed under Subsection (g)(1).
175	180		(i) In this article, "health care facility" includes a
176	181		hospital licensed under Chapter 241, Health and Safety Code.
177	182		SECTION 5. Article 56A.3515, Code of Criminal Procedure, is
178	183		amended by amending Subsections (a), (b), (b-1), (d), and (f) and
179	184		adding Subsection (b-2) to read as follows:
180	185		(a) Before conducting an investigative interview with a
181	186		victim reporting a sexual assault, other than a victim who is a
182	187		minor as defined by Section 101.003, Family Code, the peace officer
183	188		or other individual conducting the interview shall offer the victim
184	189		the opportunity to have an advocate from a sexual assault program,
185	190		as defined by Section 420.003, Government Code, be present with the
186	191		victim during the interview, if the advocate is available at the
187	192		time of the interview. The advocate must have completed a sexual
188	193		assault training program described by Section 420.011(b),
189	194		Government Code.
190	195		(b) If an advocate described by Subsection (a) is not
191	196		available at the time of the interview, the peace officer or other
192	197		individual conducting the interview shall offer the victim the
193	198		opportunity to have a crime victim liaison from the law enforcement
194	199		agency, a peace officer who has completed a sexual assault training
195	200		program described by Section 420.011(b), Government Code, or a
196	201		victim's assistance counselor from a state or local agency or other
197	202		entity be present with the victim during the interview.
198	203		(b-1) The peace officer or other individual conducting an
199	204		investigative interview described by Subsection (a) shall make a
200	205		good faith effort to comply with Subsections (a) and (b), except
201	206		that the officer's or individual's compliance with those
202	207		subsections may not unreasonably delay or otherwise impede the
203	208		interview process.
204		-	(b-2) A victim ~~described by Subsection (a)~~ has the right to
205		-	~~have an attorney present~~ during an investigative interview with the
206		-	~~victim. The attorney~~ may not unreasonably delay or otherwise
207		-	~~impede the interview~~ process.
	209	+	(b-2) A victim has the right to have an attorney present
	210	+	during an investigative interview with the victim. The attorney
	211	+	may not unreasonably delay or otherwise impede the interview
	212	+	process.
208	213		(d) The advocate, liaison, officer, or counselor and the
209	214		sexual assault program or other entity providing the advocate,
210	215		liaison, officer, or counselor may not unreasonably delay or
211	216		otherwise impede the interview process.
212	217		(f) An individual or entity [A peace officer or law
213	218		enforcement agency] that provides an advocate, liaison, officer, or
214	219		counselor with access to a victim reporting a sexual assault is not
215	220		subject to civil or criminal liability for providing that access.
216	221		SECTION 6. Article 56A.451, Code of Criminal Procedure, is
217	222		amended to read as follows:
218	223		Art. 56A.451. NOTIFICATION OF RIGHTS. (a) Not later than
219	224		the 10th day after the date that an indictment or information is
220	225		returned against a defendant for an offense, the attorney
221	226		representing the state shall give to each victim of the offense a
222	227		written notice containing:
223	228		(1) the case number and assigned court for the case;
224	229		(2) a brief general statement of each procedural stage
225	230		in the processing of a criminal case, including bail, plea
226	231		bargaining, parole restitution, and appeal;
227	232		(3) a statement that the attorney representing the
228	233		state does not represent the victim, guardian of a victim, or close
229	234		relative of a deceased victim;
230	235		(4) suggested steps the victim may take if the victim
231	236		is subjected to threats or intimidation;
232	237		(5) [(4)] the name, address, and phone number of the
233	238		local victim assistance coordinator; and
234	239		(6) [(5)] notification of:
235	240		(A) the rights and procedures under this chapter,
236	241		Chapter 56B, and Subchapter B, Chapter 58;
237	242		(B) the right to file a victim impact statement
238	243		with the office of the attorney representing the state and the
239	244		department;
240	245		(C) the right to receive information:
241	246		(i) regarding compensation to victims of
242	247		crime as provided by Chapter 56B, including information relating to
243	248		the costs that may be compensated under that chapter, eligibility
244	249		for compensation, and procedures for application for compensation
245	250		under that chapter;
246	251		(ii) for a victim of a sexual assault,
247	252		regarding the payment under Subchapter G for a forensic medical
248	253		examination; and
249	254		(iii) providing a referral to available
250	255		social service agencies that may offer additional assistance; [and]
251	256		(D) the right of a victim, guardian of a victim,
252	257		or close relative of a deceased victim, as defined by Section
253	258		508.117, Government Code, to appear in person before a member of the
254	259		board as provided by Section 508.153, Government Code; and
255	260		(E) the right of a victim, guardian of a victim,
256	261		or close relative of a deceased victim to assert the rights granted
257	262		by this chapter either orally or in writing, and either
258	263		individually or through an attorney, as provided by Article
259	264		56A.0531.
260	265		(b) The brief general statement required by Subsection
261	266		(a)(2) that describes the plea bargaining stage in a criminal trial
262	267		must include a statement that:
263	268		(1) a victim impact statement provided by a victim,
264	269		guardian of a victim, or close relative of a deceased victim will be
265	270		considered by the attorney representing the state in entering into
266	271		a plea bargain agreement; and
267	272		(2) the judge before accepting a plea bargain
268	273		agreement is required under Article 26.13(e) to ask:
269	274		(A) whether a victim impact statement has been
270	275		returned to the attorney representing the state;
271	276		(B) if a victim impact statement has been
272	277		returned, for a copy of the statement; and
273	278		(C) whether the attorney representing the state
274	279		has given the victim, guardian of a victim, or close relative of a
275	280		deceased victim notice of the existence and terms of the plea
276	281		bargain agreement at least five business days before the date of the
277	282		presentation of a plea bargain agreement to the court or otherwise
278	283		as soon as reasonably practicable.
279	284		SECTION 7. Article 56A.452, Code of Criminal Procedure, is
280	285		amended to read as follows:
281	286		Art. 56A.452. NOTIFICATION OF SCHEDULED COURT PROCEEDINGS.
282	287		(a) If requested by the victim, the attorney representing the
283	288		state, at least five business days before the date of the court
284	289		proceeding or the filing of the continuance request or otherwise as
285	290		soon [far] as reasonably practicable [practical], shall give the
286	291		victim notice of:
287	292		(1) any scheduled court proceedings [and changes in
288	293		that schedule]; and
289	294		(2) the filing of a request for continuance of a trial
290	295		setting.
291	296		(b) If requested by the victim, the attorney representing
292	297		the state shall give the victim notice of any changes in scheduled
293	298		court proceedings as soon as possible.
294	299		SECTION 8. Article 56A.453, Code of Criminal Procedure, is
295	300		amended to read as follows:
296	301		Art. 56A.453. NOTIFICATION OF PLEA BARGAIN AGREEMENT. The
297	302		attorney representing the state, at least five business days before
298	303		the date of the presentation of a plea bargain agreement to the
299	304		court or otherwise as soon [far] as reasonably practicable
300	305		[practical], shall give a victim, guardian of a victim, or close
301	306		relative of a deceased victim notice of the existence and terms of
302	307		any plea bargain agreement to be presented to the court.
303	308		SECTION 9. The change in law made by this Act applies only
304	309		to victims of criminally injurious conduct occurring on or after
305	310		the effective date of this Act. Criminally injurious conduct
306	311		occurring before the effective date of this Act is governed by the
307	312		law in effect on the date the conduct occurred, and the former law
308	313		is continued in effect for that purpose. For purposes of this
309	314		section, criminally injurious conduct occurred before the
310	315		effective date of this Act if any element of the offense underlying
311	316		the conduct occurred before that date.
312	317		SECTION 10. This Act takes effect September 1, 2025.
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