bill gives crime victims a way to enforce their rights

The text as introduced · 2,966 words

89R3570 AJZ-F

By: Hinojosa of Hidalgo
S.B. No. 761

A BILL TO BE ENTITLED

AN ACT

relating to rights of crime victims and the enforcement of those

rights; authorizing a civil penalty.

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

SECTION 1. Articles 26.13(e) and (f), Code of Criminal

Procedure, are 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 , at least five business days

before the date of the presentation of the agreement to the court or

otherwise as soon as reasonably practicable, 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 .

(f) The court must substantially comply with Subsection (e)

of this article. The failure of the court to comply with Subsection

(e) of this article :

(1) is not grounds for the defendant to set aside the

conviction, sentence, or plea ; and

(2) is grounds for the victim, guardian of a victim, or

close relative of a deceased victim to petition the court to reset a

plea hearing or set aside the plea .

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.053, Code of Criminal Procedure, is

amended by amending Subsection (a) and adding Subsection (c) to

read as follows:

(a) Subject to Subsection (c), a [ A ] judge, attorney

representing the state, peace officer, or law enforcement agency is

not liable for a failure or inability to provide a right granted by

this subchapter.

(c) A judge, attorney representing the state, peace

officer, or law enforcement agency may be subject to an injunction

or writ of mandamus to compel the judge, attorney, officer, or

agency to provide a right granted by or a service required under

this subchapter.

SECTION 4. Article 56A.0531, Code of Criminal Procedure, is

amended to read as follows:

Art. 56A.0531. ASSERTION OF RIGHTS. (a) 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.

(b) The victim, guardian of a victim, close relative of a

deceased victim, the attorney representing the state, or an

attorney representing a victim, guardian of a victim, or close

relative of a deceased victim may assert a right granted by this

subchapter to the victim, guardian, or relative, or request

enforcement of the right, by filing a motion, petition for a writ of

mandamus, or action for injunctive or declaratory relief in a trial

or appellate court with jurisdiction over the case.

(c) In an appeal in a criminal case, the attorney

representing the state may assert as error the trial court's

denial, in the proceeding to which the appeal relates, of a right

granted by this subchapter to the victim, guardian of a victim, or

close relative of a deceased victim.

SECTION 5. Article 56A.351, Code of Criminal Procedure, is

amended by amending Subsection (e) and adding Subsections (f), (g),

(h), and (i) 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) An individual or entity, including a health care

facility, that does not offer a victim the opportunity to have an

advocate be present, as required by Subsection (a), or that

otherwise prevents a victim from gaining access to an advocate

described by that subsection for a reason other than the

unavailability of the advocate, is:

(1) liable to this state for a civil penalty in the

amount of $1,000 for each violation; and

(2) subject to, if the individual or entity is

designated as a SAFE-ready facility or SAFE program, as those terms

are defined by Section 323.001, Health and Safety Code, removal of

the facility's or program's designation by the Health and Human

Services Commission or Department of State Health Services, as

applicable, under Chapter 323, Health and Safety Code.

(h) The attorney general may bring an action to recover the

civil penalty imposed under Subsection (g)(1).

(i) In this article, "health care facility" includes a

hospital licensed under Chapter 241, Health and Safety Code.

SECTION 6. 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

program described by Section 420.011(b), Government Code, or a

victim's assistance counselor from a state or local agency or other

entity be present with the victim during the interview.

(b-1) The peace officer or other individual conducting an

investigative interview described by Subsection (a) shall make a

good faith effort to comply with Subsections (a) and (b), except

that the officer's or individual's compliance with those

subsections may not unreasonably delay or otherwise impede the

interview process.

(b-2) A victim has the right to have an attorney present

during an investigative interview with the victim. The attorney

may not unreasonably delay or otherwise impede the interview

process.

(d) The advocate, liaison, officer, or counselor and the

sexual assault program or other entity providing the advocate,

liaison, officer, or counselor may not unreasonably delay or

otherwise impede the interview process.

(f) An individual or entity [ A peace officer or law

enforcement agency ] that provides an advocate, liaison, officer, or

counselor with access to a victim reporting a sexual assault is not

subject to civil or criminal liability for providing that access.

SECTION 7. Article 56A.451, Code of Criminal Procedure, is

amended to read as follows:

Art. 56A.451. NOTIFICATION OF RIGHTS. (a) Not later than

the 10th day after the date that an indictment or information is

returned against a defendant for an offense, the attorney

representing the state shall give to each victim of the offense a

written notice containing:

(1) the case number and assigned court for the case;

(2) a brief general statement of each procedural stage

in the processing of a criminal case, including bail, plea

bargaining, parole restitution, and appeal;

(3) a statement that the attorney representing the

state does not represent the victim, guardian of a victim, or close

relative of a deceased victim;

(4) suggested steps the victim may take if the victim

is subjected to threats or intimidation;

(5) [ (4) ] the name, address, and phone number of the

local victim assistance coordinator; and

(6) [ (5) ] notification of:

(A) the rights and procedures under this chapter,

Chapter 56B, and Subchapter B, Chapter 58;

(B) the right to file a victim impact statement

with the office of the attorney representing the state and the

department;

(C) the right to receive information:

(i) regarding compensation to victims of

crime as provided by Chapter 56B, including information relating to

the costs that may be compensated under that chapter, eligibility

for compensation, and procedures for application for compensation

under that chapter;

(ii) for a victim of a sexual assault,

regarding the payment under Subchapter G for a forensic medical

examination; and

(iii) providing a referral to available

social service agencies that may offer additional assistance; [ and ]

(D) the right of a victim, guardian of a victim,

or close relative of a deceased victim, as defined by Section

508.117, Government Code, to appear in person before a member of the

board as provided by Section 508.153, Government Code ; and

(E) the right of a victim, guardian of a victim,

or close relative of a deceased victim to assert the rights granted

by this chapter either orally or in writing, individually or

through an attorney, as provided by Article 56A.0531 .

(b) The brief general statement required by Subsection

(a)(2) that describes the plea bargaining stage in a criminal trial

must include a statement that:

(1) a victim impact statement provided by a victim,

guardian of a victim, or close relative of a deceased victim will be

considered by the attorney representing the state in entering into

a plea bargain agreement; and

(2) the judge before accepting a plea bargain

agreement is required under Article 26.13(e) to ask:

(A) whether a victim impact statement has been

returned to the attorney representing the state;

(B) if a victim impact statement has been

returned, for a copy of the statement; and

(C) whether the attorney representing the state

has given the victim, guardian of a victim, or close relative of a

deceased victim notice of the existence and terms of the plea

bargain agreement at least five business days before the date of the

presentation of a plea bargain agreement to the court or otherwise

as soon as reasonably practicable .

SECTION 8. Article 56A.452, Code of Criminal Procedure, is

amended to read as follows:

Art. 56A.452. NOTIFICATION OF SCHEDULED COURT PROCEEDINGS.

(a) If requested by the victim, the attorney representing the

state, at least five business days before the date of the court

proceeding or the filing of the continuance request or otherwise as

soon [ far ] as reasonably practicable [ practical ], shall give the

victim notice of:

(1) any scheduled court proceedings [ and changes in

that schedule ]; and

(2) the filing of a request for continuance of a trial

setting.

(b) If requested by the victim, the attorney representing

the state shall give the victim notice of any changes in scheduled

court proceedings as soon as possible.

SECTION 9. Article 56A.453, Code of Criminal Procedure, is

amended to read as follows:

Art. 56A.453. NOTIFICATION OF PLEA BARGAIN AGREEMENT. The

attorney representing the state, at least five business days before

the date of the presentation of a plea bargain agreement to the

court or otherwise as soon [ far ] as reasonably practicable

[ practical ], shall give a victim, guardian of a victim, or close

relative of a deceased victim notice of the existence and terms of

any plea bargain agreement to be presented to the court.

SECTION 10. The change in law made by this Act applies only

to victims of criminally injurious conduct occurring on or after

the effective date of this Act. Criminally injurious conduct

occurring before the effective date of this Act is governed by the

law in effect on the date the conduct occurred, and the former law

is continued in effect for that purpose. For purposes of this

section, criminally injurious conduct occurred before the

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

the conduct occurred before that date.

SECTION 11. This Act takes effect September 1, 2025.