HBA-KMH H.B. 1107 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1107 By: Allen Criminal Jurisprudence 3/26/1999 Introduced BACKGROUND AND PURPOSE Currently, victims and close relatives of a deceased victim of crime are not notified of all court proceedings arising from the trial of the defendant of the crime, are routinely removed from the courtroom, and are not afforded an opportunity to have legal counsel if they are called to appear before the Board of Pardons and Paroles. The Crime Victim Clearinghouse does not have statutory authority to submit training information to persons involved in the criminal justice system -- judges, prosecuting attorneys, law enforcement personnel, and employees of the prison system -- to ensure that they are properly trained in matters involving crime victims' issues. In addition, there is no statutory authority for the use and implementation of Victim-Offender Mediation. H.B. 1107 amends the Crime Victims' Rights Act to include additional notification requirements, allows a victim to be present at trial, allows a victim to have legal counsel if appearing before the Board of Pardons and Paroles, and ensures that training and education material in crime victim's issues is available for persons involved in the criminal justice system. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill expressly delegates rulemaking authority to Texas Board of Criminal Justice in SECTION 15 (Section 493.023, Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 36, Code of Criminal Procedure, by adding Article 36.03, as follows: Art. 36.03. INVOCATION OF RULE. Authorizes a court, at the request of a party, to exclude a witness who for the purposes of the prosecution is a victim, close relative of a deceased victim, or guardian of a victim (victim) if, not later than the tenth day before the trial commences, the requesting party provides the opposing party with notice of intention to request exclusion of the witness, and the court allows the opposing party to contest the exclusion in open court. Provides that the court's discretion as to its own motion to exclude a witness is not affected by this section. Assigns the meanings of "close relative of deceased victim," "guardian of a victim," and "victim" as those set forth in Article 56.01, Code of Criminal Procedure. SECTION 2. Amends Article 42.037, Code of Criminal Procedure, by adding Subsection (n), as follows: (n) Authorizes the pardons and paroles division of the Texas Department of Criminal Justice to waive a supervision fee or an administrative fee imposed on an inmate under Section 508.182 (Parole Supervision Fee), Government Code, during any period in which the inmate is required to pay restitution. SECTION 3. Amends Article 42.12, Code of Criminal Procedure, by adding Section 30, as follows: Sec. 30. VICTIM-OFFENDER MEDIATION. Requires a judge to encourage the defendant to participate in mediation with the victim when the judge has placed a defendant on community supervision and receives proper notice that the victim desires mediation. Prohibits the judge from requiring or rewarding participation by the defendant in victimoffender mediation. SECTION 4. Amends Article 56.02(a) and (b), Code of Criminal Procedure, as follows: (a)(3) Sets forth a victim's right to notice of relevant court proceedings specifying that notice must come from the attorney representing the state and include appellate proceedings, as well as notice from the appellate court of decisions of the court after they are entered but before they are made public. Makes a conforming change. (a)(6) Makes conforming and nonsubstantive changes. (a)(10) Makes a conforming change. (a)(12) Adds a right to request victim-offender mediation coordinated by the victim services section of the Texas Department of Criminal Justice. (a)(13) Adds a right to be informed of the uses and purpose of a victim impact statement in the criminal justice system, to complete the victim impact statement, and to have a victim impact statement considered by the attorney representing the state and the judge before sentencing or before a plea bargain agreement is accepted and by the Board of Pardons and Paroles before an inmate is released on parole. (b) Extends the rights under this subsection to the guardian of a victim, or close relative of a deceased victim. SECTION 5. Amends Article 56.03(e), Code of Criminal Procedure, to exclude the victim's name, address, and telephone number from being read into the record of a sentencing hearing as part of the victim impact statement. Makes nonsubstantive changes. SECTION 6. Amends Article 56.05, Code of Criminal Procedure, by adding Subsection (d), as follows: (d) Requires the Texas Crime Victim Clearinghouse to periodically make to the Commission on Law Enforcement Officer Standards and Education and the Texas Department of Criminal Justice recommendations for training in crime victims' issues of law enforcement officers, community supervision and corrections department officers, and parole officers. SECTION 7. Amends Article 56.08, Code of Criminal Procedure, by adding Subsection (e), as follows: (e) Requires the brief statement describing the plea bargaining stage required under this section to include a statement that the victim impact statement will be considered by the attorney representing the state in entering into the plea bargain agreement, and that the judge before accepting the plea bargain is required to ask whether a victim impact statement has been returned to the attorney and for a copy of the returned statement. SECTION 8. Article 56.12, Code of Criminal Procedure, as follows: Art. 56.12. New Title: NOTIFICATION OF ESCAPE OR TRANSFER. Requires the Texas Department of Criminal Justice to actually notify the victim of an offense immediately, if the victim has requested notification under Subsection (b), whenever the offender escapes from a facility operated by the institutional division, or is transferred from the custody of the institutional division to the custody of a peace officer under a writ of attachment or a bench warrant. Requires the notice provided upon transfer under a writ of attachment or bench warrant to include the name, address, and telephone number of the peace officer receiving the inmate into custody. Requires the officers to notify the victim of the inmate being returned to custody. SECTION 9. Amends Subchapter A, Chapter 56, Code of Criminal Procedure, by adding Articles 56.13 and 56.14, as follows: Art. 56.13. VICTIM-OFFENDER MEDIATION. Requires the victim services section of the Texas Department of Criminal Justice to train volunteers to act as mediators between victims and offenders, and provide mediation services through referral of a trained volunteer, if requested by a victim. Art. 56.14. CLEARINGHOUSE TRAINING PROGRAM. Authorizes the Texas Crime Victim Clearinghouse (clearinghouse) to provide to participants in the criminal justice system training containing information on crime victims' rights. Authorizes the clearinghouse to charge fees for this training. Requires the clearinghouse to deposit these fees into a special account in the general revenue fund. Authorizes the legislature to appropriate money from the fund only for the purpose of paying the costs of administering the clearinghouse. SECTION 10. Amends Section 57.002, Family Code, to create Subsection (a) from existing text. Adds to the rights of a crime victim under the juvenile justice system the right to be notified of the offender's escape, if a request for notification was made by the victim. Requires that the notification by the Texas Youth Commission under this section use the same procedures as established for similar circumstances under Article 56.11 (Notification to Victim of Release or Escape of Defendant), Code of Criminal Procedure. SECTION 11. Amends Section 76.016, Government Code, to require the attorney for the state to immediately provide actual notification to the victim regarding community supervision of a defendant under this section. Makes conforming and nonsubstantive changes. SECTION 12. Amends Section 415.032(b), Government Code, by adding Subdivision (3), which includes crime victim's rights under Chapter 56, Code of Criminal Procedure, and Chapter 57, Family Code, and the duty of law enforcement agencies to ensure that a victim is afforded those rights on the list of courses the Commission on Law Enforcement Officer Standards and Education (commission) are required to provide. SECTION 13. Amends Section 415.034, Government Code, by adding Subsection (j) to require the commission through state or local agencies to require each peace officer to complete a continuing education program on victims' rights as described under Subsection (b), unless the peace officer received training in crime victims' rights under Section 415.032(b)(3). Authorizes agencies to require each peace officer to receive additional training in this area. SECTION 14. Amends Section 493.001, Government Code, to add assisting victims of crime as an objective of the Department of Criminal Justice's (department) mission. SECTION 15. Amends Chapter 493, Government Code, by adding Section 493.023, as follows: Sec. 493.023. INSTRUCTION REGARDING CRIME VICTIMS' ISSUES. Requires the department to provide an annual four-hour training program in crime victims' issues through the community justice assistance division, to community supervision and corrections department officers; and through the pardons and paroles division, to parole officers. Requires the Texas Board of Criminal Justice (board) to adopt rules to provide the training required by Subsection (a). Requires the board to consult with the clearinghouse and authorizes the board to request recommendations, when adopting rules. Provides that the instructions include the crime victims' rights under Chapter 56, Code of Criminal Procedure, and the duty of community supervision and corrections department officers and parole officers to ensure that a victim is afforded those rights. SECTION 16. Amends Subchapter A, Chapter 501, Government Code, by adding Section 501.018, as follows: Sec. 501.018. VICTIM-OFFENDER MEDIATION. Requires the institutional division of the Texas Department of Criminal Justice to encourage an inmate to participate in the victimoffender mediation program (program) if a request is made by the victim. Prohibits the institutional division from requiring an inmate to participate or rewarding an inmate for participation in the program. SECTION 17. Amends Subchapter B, Chapter 508, Government Code, by adding Section 508.0481, as follows: Sec. 508.0481. VICTIM'S RIGHT TO REPRESENTATION. Entitles a victim to representation by counsel at a hearing for which a victim's presence is required by a subpoena issued under Section 508.048. Sets forth that this section does not grant a victim a right to representation by counsel provided by the state. Provides that "victim" has the meaning assigned by Section 508.117 (Victim Notification), Government Code. SECTION 18. Amends Subchapter J, Chapter 508, Government Code, by adding Section 508.325, as follows: Sec. 508.325. VICTIM-OFFENDER MEDIATION. Requires a judge to encourage the defendant to participate in mediation with the victim when the judge has placed a defendant on community supervision and receives proper notice that the victim desires mediation. Prohibits the judge from requiring or rewarding participation by the defendant in victimoffender mediation. Provides that "victim" has the meaning assigned by Section 508.117 (Victim Notification), Government Code. SECTION 19. Requires the Commission on Law Enforcement Officer Standards and Education to establish new courses and programs required under Section 415.032(b)(3), Government Code, as added by this bill, not later than January 1, 2000. Provides that persons who are officers on September 1, 999, must complete the first set of courses required under Section 415.034(j), Government Code, before September 1, 2001. SECTION 20. Requires the Texas Board of Criminal Justice to establish the programs required by Section 493.023, Government Code, as added by this bill, not later than January 1, 2000, and provides that a person who is a community supervision and corrections department officer or parole officer on September 1, 1999, must complete a program required by that section before September 1, 2001. SECTION 21. Effective date: September 1, 1999. SECTION 22. Emergency clause.