SB761 - Relating to the offense of sexual assault and to the rights of crime victims, including the enforcement of certain rights of sexual assault victims; authorizing a civil penalty.

      S.B. No. 761         AN ACT   relating to the offense of sexual assault and to the rights of crime   victims, including the enforcement of certain rights of sexual   assault victims; authorizing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 26.13(e), Code of Criminal Procedure, is   amended to read as follows:          (e)  Before accepting a plea of guilty or a plea of nolo   contendere, the court shall, as applicable in the case:                (1)  inquire as to whether a victim impact statement   has been returned to the attorney representing the state and ask for   a copy of the statement if one has been returned; and                (2)  inquire as to whether the attorney representing   the state has :                       (A)   given notice of the existence and terms of   any plea bargain agreement to the victim, guardian of a victim, or   close relative of a deceased victim, as those terms are defined by   Article 56A.001 ; and                       (B)     conferred with the victim, guardian of a   victim, or close relative of a deceased victim regarding the   disposition of the case .          SECTION 2.  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, at   least five business days before the date of each proceeding or   otherwise as soon as reasonably practicable, and to be informed as   soon as possible 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 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, 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 3.  Article 56A.0531, Code of Criminal Procedure, is   amended to read as follows:          Art. 56A.0531.  ASSERTION OF RIGHTS.  A victim, guardian of a   victim, or close relative of a deceased victim may assert the rights   provided by this chapter either orally or in writing , individually   or through an attorney .          SECTION 4.  Article 56A.351, Code of Criminal Procedure, is   amended by amending Subsection (e) and adding Subsections (f) and   (g) to read as follows:          (e)  Any individual or entity, including a health care   facility, that provides an advocate with access under Subsection   (a) to a victim consenting to a forensic medical examination is not   subject to civil or criminal liability for providing that access.     [ In this article, "health care facility" includes a hospital   licensed under Chapter 241, Health and Safety Code. ]           (f)     An individual or entity, including a health care   facility, that is required to offer a victim the opportunity to have   an advocate from a sexual assault program be present with the victim   during the forensic medical examination shall document:                 (1)  whether the offer was extended to the victim;                 (2)     whether the advocate was available at the time of   the examination; and                 (3)     if the offer was not extended to the victim, the   reason the offer was not extended to the victim.           (g)     In this article, "health care facility" includes a   hospital licensed under Chapter 241, Health and Safety Code.          SECTION 5.  Article 56A.3515, Code of Criminal Procedure, is   amended by amending Subsections (a), (b), (b-1), (d), and (f) and   adding Subsection (b-2) to read as follows:          (a)  Before conducting an investigative interview with a   victim reporting a sexual assault, other than a victim who is a   minor as defined by Section 101.003, Family Code, the peace officer   or other individual conducting the interview shall offer the victim   the opportunity to have an advocate from a sexual assault program,   as defined by Section 420.003, Government Code, be present with the   victim during the interview, if the advocate is available at the   time of the interview.  The advocate must have completed a sexual   assault training program described by Section 420.011(b),   Government Code.          (b)  If an advocate described by Subsection (a) is not   available at the time of the interview, the peace officer or other   individual conducting the interview shall offer the victim the   opportunity to have a crime victim liaison from the law enforcement   agency, a peace officer who has completed a sexual assault training   pro [Text truncated for display. 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