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AN ACT
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relating to certain rights of victims, guardians of victims, and |
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close relatives of deceased victims in the criminal justice system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 56.02(a) and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) A victim, guardian of a victim, or close relative of a |
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deceased victim is entitled to the following rights within the |
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criminal justice system: |
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(1) the right to receive from law enforcement agencies |
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adequate protection from harm and threats of harm arising from |
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cooperation with prosecution efforts; |
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(2) the right to have the magistrate take the safety of |
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the victim or his family into consideration as an element in fixing |
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the amount of bail for the accused; |
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(3) the right, if requested, to be informed: |
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(A) by the attorney representing the state of |
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relevant court proceedings, including appellate proceedings, and |
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to be informed if those proceedings have been canceled or |
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rescheduled prior to the event; and |
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(B) by an appellate court of decisions of the |
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court, after the decisions are entered but before the decisions are |
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made public; |
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(4) the right to be informed, when requested, by a |
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peace officer concerning the defendant's right to bail and the |
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procedures in criminal investigations and by the district |
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attorney's office concerning the general procedures in the criminal |
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justice system, including general procedures in guilty plea |
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negotiations and arrangements, restitution, and the appeals and |
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parole process; |
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(5) the right to provide pertinent information to a |
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probation department conducting a presentencing investigation |
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concerning the impact of the offense on the victim and his family by |
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testimony, written statement, or any other manner prior to any |
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sentencing of the offender; |
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(6) the right to receive information regarding |
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compensation to victims of crime as provided by Subchapter B, |
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including information related to the costs that may be compensated |
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under that subchapter and the amount of compensation, eligibility |
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for compensation, and procedures for application for compensation |
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under that subchapter, the payment for a medical examination under |
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Article 56.06 for a victim of a sexual assault, and when requested, |
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to referral to available social service agencies that may offer |
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additional assistance; |
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(7) the right to be informed, upon request, of parole |
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procedures, to participate in the parole process, to be notified, |
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if requested, of parole proceedings concerning a defendant in the |
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victim's case, to provide to the Board of Pardons and Paroles for |
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inclusion in the defendant's file information to be considered by |
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the board prior to the parole of any defendant convicted of any |
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crime subject to this subchapter, and to be notified, if requested, |
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of the defendant's release; |
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(8) the right to be provided with a waiting area, |
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separate or secure from other witnesses, including the offender and |
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relatives of the offender, before testifying in any proceeding |
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concerning the offender; if a separate waiting area is not |
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available, other safeguards should be taken to minimize the |
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victim's contact with the offender and the offender's relatives and |
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witnesses, before and during court proceedings; |
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(9) the right to prompt return of any property of the |
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victim that is held by a law enforcement agency or the attorney for |
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the state as evidence when the property is no longer required for |
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that purpose; |
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(10) the right to have the attorney for the state |
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notify the employer of the victim, if requested, of the necessity of |
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the victim's cooperation and testimony in a proceeding that may |
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necessitate the absence of the victim from work for good cause; |
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(11) the right to counseling, on request, regarding |
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acquired immune deficiency syndrome (AIDS) and human |
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immunodeficiency virus (HIV) infection and testing for acquired |
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immune deficiency syndrome (AIDS), human immunodeficiency virus |
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(HIV) infection, antibodies to HIV, or infection with any other |
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probable causative agent of AIDS, if the offense is an offense under |
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Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code; |
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(12) the right to request victim-offender mediation |
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coordinated by the victim services division of the Texas Department |
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of Criminal Justice; |
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(13) the right to be informed of the uses of a victim |
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impact statement and the statement's purpose in the criminal |
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justice system, to complete the victim impact statement, and to |
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have the victim impact statement considered: |
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(A) by the attorney representing the state and |
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the judge before sentencing or before a plea bargain agreement is |
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accepted; and |
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(B) by the Board of Pardons and Paroles before an |
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inmate is released on parole; |
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(14) to the extent provided by Articles 56.06 and |
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56.065, for a victim of a sexual assault, the right to a forensic |
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medical examination if, within 96 hours of the sexual assault, the |
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assault is reported to a law enforcement agency or a forensic |
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medical examination is otherwise conducted at a health care |
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facility; [and] |
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(15) for a victim of an assault or sexual assault who |
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is younger than 17 years of age or whose case involves family |
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violence, as defined by Section 71.004, Family Code, the right to |
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have the court consider the impact on the victim of a continuance |
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requested by the defendant; if requested by the attorney |
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representing the state or by counsel for the defendant, the court |
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shall state on the record the reason for granting or denying the |
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continuance; and |
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(16) if the offense is a capital felony, the right to: |
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(A) receive by mail from the court a written |
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explanation of defense-initiated victim outreach if the court has |
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authorized expenditures for a defense-initiated victim outreach |
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specialist; |
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(B) not be contacted by the victim outreach |
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specialist unless the victim, guardian, or relative has consented |
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to the contact by providing a written notice to the court; and |
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(C) designate a victim service provider to |
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receive all communications from a victim outreach specialist acting |
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on behalf of any person. |
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(c) The office of the attorney representing the state, and |
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the sheriff, police, and other law enforcement agencies shall |
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ensure to the extent practicable that a victim, guardian of a |
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victim, or close relative of a deceased victim is afforded the |
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rights granted by [Subsection (a) of] this article and, on request, |
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an explanation of those rights. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 899 was passed by the House on May 7, |
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2013, by the following vote: Yeas 140, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 899 on May 23, 2013, by the following vote: Yeas 145, Nays 0, 3 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 899 was passed by the Senate, with |
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amendments, on May 21, 2013, by the following vote: Yeas 30, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |