SB1704 - Relating to certain rights of crime victims and witnesses and associated persons and to victim impact statements.

      By: Parker, Huffman S.B. No. 1704       Miles     A BILL TO BE ENTITLED   AN ACT   relating to certain rights of crime victims and witnesses and   associated persons and to victim impact statements.          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 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, and   to be informed if those proceedings have been canceled or   rescheduled before the event;                       (B)     by the sentencing court of a modification or   amendment to the defendant's sentence, not later than three days   after the date on which the modification or amendment was made; and                       (C)  [ (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, unless waived as provided by Article 56A.1511 [ 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 2.  Articles 56A.151(b) and (c), Code of Criminal   Procedure, are amended to read as follows:          (b)  The victim impact statement must be in a form designed   to:                (1)  inform a victim, guardian of a victim, or close   relative of a deceased victim :                       (A)   [ with a clear statement ] of the  rights   granted by Subchapter B , with a clear statement of those rights; and                       (B)     that the following information will be   provided unless the victim, guardian, or relative waives the right   to receive the information under Article 56A.1511:                             (i)     notification of any parole proceedings   concerning the defendant; and                             (ii)     any information concerning the release   of the defendant from the department ; and                (2)  collect the following information:                      (A)  the name of the victim of the offense or, if   the victim has a legal guardian or is deceased, the name of a   guardian or close relative of the victim;                      (B)  the address and telephone number of the   victim, guardian, or relative through which the victim, guardian,   or relative may be contacted;                      (C)  a statement of economic loss suffered by the   victim, guardian, or relative as a result of the offense;                      (D)  a statement of any physical or psychological   injury suffered by the victim, guardian, or relative as a result of   the offense, as described by the victim, guardian, or relative or by   a physician or counselor;                      (E)  a statement of any psychological services   requested as a result of the offense;                      (F)  a statement of any change in the victim's,   guardian's, or relative's personal welfare or familial relationship   as a result of the offense;                      (G)  [ a statement regarding whether the victim,   guardian, or relative wants to be notified of any parole hearing for   the defendant;                      [ (H) ] if the victim is a child, whether there is   an existing court order granting to the defendant possession of or   access to the victim; and                       (H)  [ (I) ]  any other information related to the   impact of the offense on the victim, guardian, or relative, other   than facts related to the commission of the offense.          (c)  The victim impact statement must include an explanation   regarding the procedures by which a victim, guardian of a victim, or   close relative of a deceased victim may be provided the information   described by Subsection (b)(1)(B) after previously waiving the   right to receive the information under Article 56A.1511 [ obtain   information concerning the release of the defendant from the   department ]. &#x [Text truncated for display. Full text available on LegiScan.]