HBA-KMH C.S.H.B. 1107 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1107
By: Allen
Criminal Jurisprudence
4/26/1999
Committee Report (Substituted)



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 Texas 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. 

C.S.H.B. 1107 includes 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 does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  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 2.  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 3.  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 4.  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 5.  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 victim services division of the Texas Department of
Criminal Justice to notify the victim of the inmate being returned to
custody. 

SECTION 6.  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
division 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 ANNUAL CONFERENCE.  Authorizes the Texas Crime
Victim Clearinghouse (clearinghouse) to conduct an annual conference to
provide participants in the criminal justice system training containing
information on crime victims' rights.  Authorizes the clearinghouse to
charge fees for this training. 

SECTION 7.  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 8.  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 9.  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 10.  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 11.  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 12.  Amends Section 2008.053(a), Government Code, as added by
Chapter 934, Acts of the 75th Legislature, Regular Session, 1997, to
provide that approval of the parties of the appointment of an impartial
third party in an alternative dispute resolution procedure is not required
if the appointment was made by an administrative law judge pursuant to an
order referring the case to alternative dispute resolution under Section
2003.042(5) (Powers of Administrative Law Judge) and the procedure is a
victim-offender mediation described by Article 56.13, Code of Criminal
Procedure. 

SECTION 13.  Amends Section 154.023(a), Civil Practice and Remedies Code,
to provide that mediation includes victim-offender mediation described by
Article 56.13, Code of Criminal Procedure.  Makes application of the
amendment to Section 154.023(a), as added by this Act, prospective.  

SECTION 14.  Effective date: September 1, 1999.

SECTION 15.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1107 modifies the original by deleting the text of:

_SECTION 1 (proposing Article 36.03, Code of Criminal Procedure, to
authorize a court 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, under prescribed conditions); 

_SECTION 3 (amending Article 42.12, Code of Criminal Procedure, to require
a judge to encourage a defendant to participate in victim-offender
mediation); 

_SECTION 6 (amending Article 56.05, Code of Criminal Procedure, to require
the Texas Crime Victim Clearinghouse to make periodic recommendations for
training in crime victims' issues of certain public employees who work with
offenders); 

_SECTION 13 (amending Section 415.034, Government Code, to require the
Commission on Law Enforcement Officer Standards and Education through state
or local agencies to require each peace officer to complete a continuing
education program on victims' rights); 

_SECTION 15 (amending Chapter 493, Government Code, to require the
Department of Criminal Justice to provide an annual four-hour training
program in crime victims' issues), and proposing rulemaking authority be
granted to the Texas Department of Criminal Justice; 

_SECTION 16 (amending Subchapter A, Chapter 501, Government Code, to
require the institutional division of the Texas Department of Criminal
Justice to encourage an inmate to participate in the victim-offender
mediation program if a request is made by the victim); 

_SECTION 18 (amending Subchapter J, Chapter 508, Government Code, to
require 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);
and 

_SECTIONS 19 and 20 (requiring the Commission on Law Enforcement Officer
Standards and Education and the Texas Board of Criminal Justice to
establish the courses and programs required by this Act by certain
prescribed dates). 

C.S.H.B. 1107 modifies the original by redesignating SECTIONS 2, 4, 5,
7-12, 14, 17, 21, and 22 of the original, as SECTIONS 1-11, 14 and 15,
respectively. 

C.S.H.B. 1107 modifies the original in SECTION 5 (proposed Article 56.12,
Code of Criminal Procedure) by requiring the victim services division of
the Texas Department of Criminal Justice, rather than a peace officer, to
notify the victim of the inmate being returned to custody. 

C.S.H.B. 1107 modifies the original in SECTION 6 (proposed Article 56.13,
Code of Criminal Procedure) by clarifying that the provisions of this
section apply to the victim services division, rather than section, of the
Texas Department of Criminal Justice.  The substitute also renames proposed
Article 56.14, to "Clearinghouse Annual Conference" from "Clearinghouse
Training Program."  Furthermore, the substitute deletes the provision
requiring the clearinghouse to deposit money collected under this section
into a special account and authorizing the legislature to appropriate money
from the fund only for administration of the clearinghouse. 

C.S.H.B. 1107 modifies the original by creating a new SECTION 12 to amend
Section 2008.053(a), as added by Chapter 934, Acts of the 75th Legislature,
Regular Session, 1997, to provide circumstances in which approval of the
parties of the appointment of an impartial third party in a alternative
dispute resolution procedure is not required. 

C.S.H.B. 1107 modifies the original by creating a new SECTION 13 to amend
Section 154.023(a), Civil Practice and Remedies Code, to provide that
mediation includes victim-offender mediation described by Article 56.13,
Code of Criminal Procedure.