bill expands who counts as a victim

The text as introduced · 2,787 words

89R5420 JSC-F

By: Johnson
H.B. No. 4918

A BILL TO BE ENTITLED

AN ACT

relating to rights of a victim, guardian of a victim, or close

relative of a deceased victim in certain criminal cases involving

family violence, sexual or assaultive offenses, stalking, or a

violation of a protective order or condition of bond.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 56A.001, Code of Criminal Procedure, is

amended by adding Subdivision (4-a) and amending Subdivision (7) to

read as follows:

(4-a) "Family violence" means an offense under the

following provisions of the Penal Code if the offense is committed

against a person whose relationship to or association with the

defendant is described by Section 71.0021(b), 71.003, or 71.005,

Family Code:

(A) Section 21.02;

(B) Section 21.11(a)(1);

(C) Section 22.01;

(D) Section 22.011;

(E) Section 22.02;

(F) Section 22.021;

(G) Section 22.04; and

(H) Section 25.11.

(7) "Victim" means a person who:

(A) is the victim of the offense of:

(i) sexual assault;

(ii) kidnapping;

(iii) aggravated robbery;

(iv) trafficking of persons; [ or ]

(v) injury to a child, elderly individual,

or disabled individual; [ or ]

(vi) family violence; or

(vii) stalking;

(B) has suffered personal injury or death as a

result of the criminal conduct of another ; or

(C) is the victim of an offense committed under

Section 25.07, 25.071, 25.072, Penal Code, if a violation that is an

element of the offense occurred through the commission of an

assault, aggravated assault, or sexual assault or the offense of

stalking, regardless of whether that violation occurred with

respect to a person whose relationship to or association with the

defendant is described by Section 71.0021(b), 71.003, or 71.005,

Family Code .

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, 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 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 , aggravated 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. The heading to Article 56A.052, Code of Criminal

Procedure, is amended to read as follows:

Art. 56A.052. ADDITIONAL RIGHTS OF VICTIMS OF SEXUAL

ASSAULT, INDECENT ASSAULT, [ STALKING, ] OR TRAFFICKING.

SECTION 4. Articles 56A.052(a), (c), and (d), Code of

Criminal Procedure, are amended to read as follows:

(a) A victim, guardian of a victim, or close relative of a

deceased victim of an offense under Section 21.02, 21.11, 22.011,

22.012, or 22.021, [ or 42.072, ] Penal Code, is entitled to the

following rights within the criminal justice system:

(1) if requested, the right to a disclosure of

information, in the manner provided by Article 56A.0525, regarding:

(A) any evidence that was collected during the

investigation of the offense, unless disclosing the information

would interfere with the investigation or prosecution of the

offense, in which event the victim, guardian, or relative shall be

informed of the estimated date on which that information is

expected to be disclosed; and

(B) the status of any analysis being performed on

any evidence described by Paragraph (A);

(2) if requested, the right to be notified in the

manner provided by Article 56A.0525:

(A) at the time a request is submitted to a crime

laboratory to process and analyze any evidence that was collected

during the investigation of the offense;

(B) at the time of the submission of a request to

compare any biological evidence collected during the investigation

of the offense with DNA profiles maintained in a state or federal

DNA database; and

(C) of the results of the comparison described by

Paragraph (B), unless disclosing the results would interfere with

the investigation or prosecution of the offense, in which event the

victim, guardian, or relative shall be informed of the estimated

date on which those results are expected to be disclosed;

(3) if requested, the right to counseling regarding

acquired immune deficiency syndrome (AIDS) and human

immunodeficiency virus (HIV) infection;

(4) if requested, the right to be informed about, and

confer with the attorney representing the state regarding, the

disposition of the offense, including sharing the victim's,

guardian's, or relative's views regarding:

(A) a decision not to file charges;

(B) the dismissal of charges;

(C) the use of a pretrial intervention program;

or

(D) a plea bargain agreement; and

(5) for the victim, the right to:

(A) testing for acquired immune deficiency

syndrome (AIDS), human immunodeficiency virus (HIV) infection,

antibodies to HIV, or infection with any other probable causative

agent of AIDS; and

(B) a forensic medical examination as provided by

Subchapter G.

(c) A victim, guardian of a victim, or close relative of a

deceased victim may designate a person, including an entity that

provides services to victims of an offense described by Subsection

(a), to receive any notice requested under Subsection (a)(2). This

person may not be the person charged with the offense.

(d) This subsection applies only to a victim of an offense

under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,

[ 42.072, ] or 43.05, Penal Code. A victim described by this

subsection or a parent or guardian of the victim, if the victim is

younger than 18 years of age or an adult ward, is entitled to the

following rights within the criminal justice system:

(1) the right to be informed in the manner provided by

Article 56A.0525:

(A) that the victim or, if the victim is younger

than 18 years of age or an adult ward, the victim's parent or

guardian or another adult acting on the victim's behalf may file an

application for a protective order under Article 7B.001;

(B) of the court in which the application for a

protective order may be filed;

(C) that, on request of the victim or, if the

victim is younger than 18 years of age or an adult ward, on request

of the victim's parent or guardian or another adult acting on the

victim's behalf, the attorney representing the state may, subject

to the Texas Disciplinary Rules of Professional Conduct, file the

application for a protective order on behalf of the requestor; and

(D) that, subject to the Texas Disciplinary Rules

of Professional Conduct, the attorney representing the state

generally is required to file the application for a protective

order with respect to the victim if the defendant is convicted of or

placed on deferred adjudication community supervision for the

offense;

(2) the right to:

(A) request that the attorney representing the

state, subject to the Texas Disciplinary Rules of Professional

Conduct, file an application for a protective order described by

Subdivision (1); and

(B) be notified in the manner provided by Article

56A.0525 when the attorney representing the state files an

application for a protective order under Article 7B.001;

(3) if the victim or the victim's parent or guardian,

as applicable, is present when the defendant is convicted or placed

on deferred adjudication community supervision, the right to:

(A) be given by the court the information

described by Subdivision (1), in the manner provided by Article

56A.0525; and

(B) file an application for a protective order

under Article 7B.001 immediately following the defendant's

conviction or placement on deferred adjudication community

supervision if the court has jurisdiction over the application; and

(4) if the victim or the victim's parent or guardian,

as applicable, is not present when the defendant is convicted or

placed on deferred adjudication community supervision, the right to

be given by the attorney representing the state the information

described by Subdivision (1), in the manner provided by Article

56A.0525.

SECTION 5. Subchapter B, Chapter 56A, Code of Criminal

Procedure, is amended by adding Article 56A.0521 to read as

follows:

Art. 56A.0521. ADDITIONAL RIGHTS OF VICTIMS OF CERTAIN

FAMILY VIOLENCE OFFENSES, STALKING, AND VIOLATION OF PROTECTIVE

ORDER OR CONDITION OF BOND. (a) This article applies only to an

offense:

(1) involving family violence;

(2) under Section 42.072, Penal Code; or

(3) under Section 25.07, 25.071, or 25.072, Penal

Code, if a violation that is an element of the offense occurred

through the commission of an assault, aggravated assault, or sexual

assault or the offense of stalking, regardless of whether that

violation occurred with respect to a person whose relationship to

or association with the defendant is described by Section

71.0021(b), 71.003, or 71.005, Family Code.

(b) A victim, guardian of a victim, or close relative of a

deceased victim of an offense described by Subsection (a) is

entitled to the following rights within the criminal justice

system:

(1) if requested, the right to a disclosure of

information regarding:

(A) any evidence that was collected during the

investigation of the offense, unless disclosing the information

would interfere with the investigation or prosecution of the

offense, in which event the victim, guardian, or relative shall be

informed of the estimated date on which that information is

expected to be disclosed; and

(B) the status of any analysis being performed on

any evidence described by Paragraph (A);

(2) if requested, the right to be notified at the time

a request is submitted to a crime laboratory to process and analyze

any evidence that was collected during the investigation of the

offense;

(3) if requested, the right to be informed about, and

confer with the attorney representing the state regarding, the

disposition of the offense, including sharing the victim's,

guardian's, or relative's views regarding:

(A) a decision not to file charges;

(B) the dismissal of charges;

(C) the use of a pretrial intervention program;

or

(D) a plea bargain agreement;

(4) the right to be notified that the attorney

representing the state does not represent the victim, guardian of a

victim, or close relative of a deceased victim; and

(5) for an offense under Section 42.072, Penal Code,

all of the rights provided to victims, parents, and guardians as

described by Article 56A.052(d), for the offenses to which that

subsection applies.

(c) Subject to Subsection (d), a victim, guardian of a

victim, or close relative of a deceased victim who requests to be

notified or receive information under Subsection (b) must:

(1) provide a current address and phone number to the

attorney representing the state and the law enforcement agency that

is investigating the offense;

(2) inform the attorney representing the state and the

law enforcement agency of any change in the address or phone number;

and

(3) if the victim, guardian, or relative chooses to

receive notifications by e-mail, provide an e-mail address and

update any change in that e-mail address.

(d) A victim, guardian of a victim, or close relative of a

deceased victim may designate a person, including an entity that

provides services to victims of an offense described by Subsection

(a), to receive any notice requested under Subsection (b)(2). This

person may not be the person charged with the offense.

(e) If a victim of an offense described by Subsection (a) is

also entitled to additional rights under Article 56A.052, or if a

conflict exists between this article and Article 56A.052, that

article controls.

SECTION 6. Article 56A.501, Code of Criminal Procedure, is

amended to read as follows:

Art. 56A.501. DEFINITION [ DEFINITIONS ]. In this

subchapter , "correctional [ :

[ (1) "Correctional ] facility" has the meaning

assigned by Section 1.07, Penal Code.

[ (2) "Family violence" has the meaning assigned by

Section 71.004, Family Code. ]

SECTION 7. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

governed by the law in effect on the date the offense was committed,

and the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

SECTION 8. This Act takes effect September 1, 2025.