Bill Text: TX SB495 | 2021-2022 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain rights of crime victims.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2021-05-24 - Committee report sent to Calendars [SB495 Detail]
Download: Texas-2021-SB495-Engrossed.html
Bill Title: Relating to certain rights of crime victims.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2021-05-24 - Committee report sent to Calendars [SB495 Detail]
Download: Texas-2021-SB495-Engrossed.html
By: Kolkhorst | S.B. No. 495 |
|
||
|
||
relating to certain rights of crime victims. | ||
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: | ||
(A) have the magistrate consider the safety of | ||
the victim or the victim's family in setting the amount of bail for | ||
the defendant; | ||
(B) be informed of the amount of bail set for the | ||
defendant; and | ||
(C) request that the attorney representing the | ||
state ask the magistrate to adjust the amount of bail as necessary | ||
to ensure the safety of the victim or the victim's family; | ||
(3) if requested, the right to be informed: | ||
(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; and | ||
(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: | ||
(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 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, the payment for a forensic medical examination | ||
under Article 56A.252 for a victim of an alleged sexual assault, and | ||
when requested, to referral to available social service agencies | ||
that may offer additional assistance; | ||
(7) the right to: | ||
(A) be informed, on request, 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, 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 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. This Act takes effect September 1, 2021. |