SB1120 - 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 and to the duration of certain protective orders.

      S.B. No. 1120         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 and to the   duration of certain protective orders.          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, 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 .          SECTION 2.  Article 56A.051, Code of Criminal Procedure, is   amended by amending Subsection (a) and adding Subsection (d) 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 :                             (i)   parole proceedings concerning a   defendant in the victim's case;                             (ii) [ and of ] the defendant's release on   parole for the offense involving the victim, including the county   in which the defendant is required to reside, and the   nonconfidential conditions of the defendant's parole, including   any condition:                                     (a)     prohibiting the defendant from   going near the victim's home or work; or                                     (b)     requiring the defendant to   complete a battering intervention and prevention program   established under Article 42.141;                               (iii)     any offense with which the defendant   is charged while released on parole for the offense involving the   victim, if the department is aware of the offense;                               (iv)     the issuance of any warrant under   Section 508.251, Government Code, for the return of the defendant;   and                               (v)     any revocation of the defendant's   parole for the offense involving the victim ;                (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, [Text truncated for display. 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