HBA-AMW C.S.H.B. 800 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 800
By: Gallego
Criminal Jurisprudence
5/2/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, crime victims are entitled to certain rights.  Victims
are entitled to the right to be informed of relevant court proceedings, the
right to receive information regarding compensation, the right to be
informed of parole procedures, and the right to be present at all public
court proceedings related to the offense.  Although victim impact
statements and victim-offender mediation are currently used by some victims
of crime and their families, current law does not entitle them to these
services.  C.S.H.B. 800 increases the rights of victims of crime and their
families, including rights regarding victim impact statements and
victim-offender mediation. 

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

C.S.H.B. 800 amends the Code of Criminal Procedure and the Civil Practice
and Remedies, Family, Government, and Occupations codes to modify
provisions relating to the rights of victims of a crime, the payment of
restitution, and the training of certain persons who deal with victims.
The bill authorizes the pardons and paroles division of the Texas
Department of Criminal Justice (TDCJ) to waive a supervision fee or an
administrative fee imposed on an inmate during any period in which the
inmate is required to pay restitution (Art. 42.037, Code of Criminal
Procedure).   

The bill modifies the entitlements of a victim, guardian of a victim, or
close relative of a deceased victim to include certain rights relating to
victim impact statements and the right to request victim-offender
mediation. The bill sets forth provisions relating to a court-required
statement made by the attorney representing the state (Art. 56.02, Code of
Criminal Procedure).  The bill requires the attorney representing the state
to consider any victim impact statement that has been returned to the
attorney regarding the offense before entering into a plea bargaining
agreement with the defendant (Art. 26.13, Code of Criminal Procedure). The
bill also modifies provisions relating to the court's procedures for victim
impact statements and the defendant's access to the statements (Art. 56.03,
Code of Criminal Procedure). 

The bill adds appellate proceedings to the types of relevant court
proceedings of which a victim, guardian of a victim, or close relative of a
deceased victim is entitled to be informed.  The bill entitles the guardian
of a victim or close relative of a deceased victim to the right to be
present at all  public court proceedings related to the offense and subject
to the approval of the judge in the case (Art. 56.02, Code of Criminal
Procedure).  The bill also adds provisions relating to the victim's right
to representation by counsel at a hearing (Sec. 508.0481, Government Code). 

The bill modifies provisions relating to the procedures for notification of
the victim, victim's guardian, or victim's close relative (Art. 56.12, Code
of Criminal Procedure;  Sec. 57.002, Family Code; and Sec. 76.016,
Government Code).  The bill modifies provisions relating to notification of
rights by the attorney representing the state and sets forth provisions
relating to the court-required statement of the prosecuting  attorney (Art.
56.08, Code of Criminal Procedure, and Sec. 57.002, Family Code). 

The bill prohibits a victim of a sexual assault from being denied the
opportunity to have the victim assistance coordinator, an advocate from a
crime victim assistance program, or another representative of the victim's
choice present with the victim at any medical examination conducted, unless
the victim is confined in a penal institution at the time the examination
is conducted, for the purpose of collecting evidence related to the
investigation or prosecution of the offense.  If the victim of a sexual
assault is confined in a penal institution at the time a medical
examination is conducted, the bill requires the penal institution to permit
the victim to choose either a certified sexual assault nurse examiner or a
psychologist, sociologist, chaplain, case manager, or approved volunteer to
be present with the victim at the examination (Art. 56.045, Code of
Criminal Procedure).  

C.S.H.B. 800 adds provisions to require the training of volunteers to act
as mediators and the provision of mediation services by the victim services
division of TDCJ (Art. 56.13, Code of Criminal Procedure). The bill
establishes provisions to entitle a victim, guardian of a victim, or close
relative of a deceased victim to victim-offender mediation (Art. 56.02,
Code of Criminal Procedure).  The bill provides that mediation includes
victim-offender mediation (Sec. 154.023, Civil Practice and Remedies Code). 

The bill also authorizes the Texas Crime Victim Clearinghouse to conduct an
annual conference to provide to participants in the criminal justice system
training containing information on crime victims' rights and to charge fees
to persons attending the conference (Art. 56.14, Code of Criminal
Procedure).   

C.S.H.B. 800 requires the Commission on Law Enforcement Officer Standards
and Education to require courses and programs to provide training in crime
victims' rights and the duty of law enforcement agencies to ensure that a
victim is afforded those rights and to establish these courses and programs
not later than January 1, 2002 (Sec. 1701.253, Occupations Code, and
SECTION 15). 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 800 modifies the original bill by requiring the institutional
division of the Texas Department of Criminal Justice (TDCJ) to notify the
victim, the victim's guardian, or the victim's close relative whenever the
offender 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 not later than the third day after the date the offender is
transferred if the offender remains out of the custody of the division at
the time the notification of transfer is prepared, rather than to
immediately notify such a person whenever the offender is out of the
custody of the institutional division for at least 48 hours.  The
substitute differs from the original bill by requiring the victim, guardian
of the victim, or close relative to notify the institutional division of
TDCJ of the desire for notification of an offender's escape or transfer
from custody under a writ of attachment or bench warrant and any change of
address (Art. 56.12, Code of Criminal Procedure). 

The substitute adds provisions regarding the medical examination of a
victim of sexual assault confined in an institution at the time the
examination is conducted (Art. 56.045, Code of Criminal Procedure).  The
substitute removes the proposed provision in the original bill which
specified that approval of the parties in victim-offender mediation is not
required.