HB3074 - Relating to sexual assault and other sex offenses.

  89R5743 AJZ-F     By: Howard H.B. No. 3074       A BILL TO BE ENTITLED   AN ACT   relating to sexual assault and other sex offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 29.14(a), Code of Criminal Procedure, is   amended to read as follows:          (a)  In this article, "victim" means a [ the ] victim of [ an   assault or ] sexual assault or a victim of assault who is younger   than 17 years of age or whose case involves family violence as   defined by Section 71.004, 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 for any prescribed continuing medical care that is related to   the sexual assault and provided to the victim during the 30-day   period following that examination, as provided by Subchapter G ; 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 sexual [ an ] assault or a victim of   [ 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.052(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 of an offense under Section 21.02, 21.11, 22.011,   22.012, 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 ]                  &# [Text truncated for display. 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