HBA-SEP H.B. 1572 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1572 By: Haggerty Criminal Jurisprudence 7/19/2001 Enrolled BACKGROUND AND PURPOSE Current law provides that communications made by a participant in an alternative dispute resolution procedure are confidential. However, prior to the 77th Legislature, victim offender mediation dialogue was not considered mediation for the purposes of confidentiality, although both the victim and the offender participating in such dialogue might have preferred that their remarks not be made public. House Bill 1572 provides that mediation includes victim offender mediation dialogue, and thereby extends confidentiality to the dialogue. 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. ANALYSIS House Bill 1572 amends the Civil Practice and Remedies Code to include victim-offender mediation by TDCJ as a form of mediation and provides that confidentiality of certain records and communications apply (Secs. 154.023 and 154.073). The bill amends the Government Code to provide that a victim, relative, or guardian is entitled to representation by counsel at a hearing if a victim, relative, or guardian is required by a subpoena issued by a parole board to appear at the hearing but does not require the state to provide the counsel (Sec. 508.0481). The bill provides that the governmental body's appointment of an impartial third party to serve in an alternative dispute resolution procedure is not subject to approval for a victim-offender mediation by TDCJ (Sec. 2009.053). The bill requires the victim services division of TDCJ to train volunteers to act as mediators and to provide mediation services through a referral system. The bill authorizes the Texas Crime Victim Clearinghouse to conduct and charge fees for an annual conference to provide to participants in the criminal justice system training containing information on crime victims' rights (Secs. 56.13 and 56.14). The bill amends the Code of Criminal Procedure to authorize the pardons and paroles division to waive a parole supervision fee or an administrative fee during any period in which the inmate is required to pay restitution to the victim of the offense (Sec. 42.037). The bill specifies that a victim, guardian of a victim, or a deceased victim's close relative has the right, on request, to be informed by the attorney representing the state of relevant court proceedings including appellate proceedings, and informed by an appellate court of decisions of the court after the decisions are entered but before the decisions are made public. The bill also provides that a victim, relative, or guardian has the right to request victim-offender mediation coordinated by the victim services division of the Texas Department of Criminal Justice (TDJC), to be informed of the uses and purposes of a victim impact statement, to complete the victim impact statement, and to have the 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. The bill entitles a guardian of a victim and a close relative to the right to be present at all public court proceedings relating to the offense, subject to approval of the judge in the case (Sec. 56.02). The bill provides that the victim's name, address, and telephone number be excluded from a victim impact statement given to the defendant or the victim's counsel (Sec. 56.03). The bill requires the attorney representing the state, in the statement describing the plea bargaining stage in a criminal trial to a victim, to include that the victim impact statement will be considered by the attorney representing the state in entering into a plea bargain agreement, and that the judge, before accepting a plea bargain, is required to ask whether a victim impact statement has been returned to the attorney and if so, for a copy of the statement (Sec. 56.08). The bill sets forth provisions relating to the immediate notification of a victim, relative, or guardian of the transfer of an offender from the custody of the institutional division to the custody of a police officer under a writ of attachment or a bench warrant (Sec. 56.12). The bill amends the Occupations Code to require the Commission on Law Enforcement Officer Standards and Education, in establishing minimum curriculum requirements for programs and courses in schools training officers and county jailers, to require courses and programs that provide training in crime victims' rights and the duty of law enforcement agencies to ensure that a victim is afforded those rights (Sec. 1701.253). The office of the attorney general (attorney general) is required to complete its pilot project regarding a computer network victim notification system in consultation with the office of court administration and the TDCJ by January 1, 2002, or as soon as practicable. The attorney general is required to continue to provide funding for continuation of the operation of the project in the counties compromising the pilot project until the system is operational in these counties. The attorney general is authorized to contract with the office of court administration or TDCJ, or both, to implement a computer network victim notification system which is required to begin no later than June 1, 2002, according to a written schedule developed by the implementing agency or agencies (SECTION 16). EFFECTIVE DATE September 1, 2001.