89R3570 AJZ-F     By: Hinojosa 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.