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.