Relating to the rights of a victim, guardian of a victim, advocate for a victim, or close relative of a deceased victim to certain information regarding a defendant's parole.

89(R) HB 2582 - Engrossed version - Bill Text

By: Hull

H.B. No. 2582

A BILL TO BE ENTITLED

AN ACT

relating to the rights of a victim, guardian of a victim, advocate

for a victim, or close relative of a deceased victim to certain

information regarding a defendant's parole.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 56A.051, Code of Criminal Procedure, is

amended by amending Subsection (a) and adding Subsection (d) 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, and

to be informed 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
:

(i)
parole proceedings concerning a

defendant in the victim's case
;

(ii)
[
and of
] the defendant's release
on

parole for the offense involving the victim, including the county

in which the defendant is required to reside, and the

nonconfidential conditions of the defendant's parole, including

any condition:

(a)

prohibiting the defendant from

going near the victim's home or work; or

(b)

requiring the defendant to

complete a battering intervention and prevention program

established under Article 42.141;

(iii)

any offense with which the defendant

is charged while released on parole for the offense involving the

victim, if the department is aware of the offense;

(iv)

the issuance of any warrant under

Section 508.251, Government Code, for the return of the defendant;

and

(v)

any revocation of the defendant's

parole for the offense involving the victim
;

(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.

(d)

An advocate for a victim is entitled to obtain on behalf

of the victim the information described by Subsection (a)(7)(D).

SECTION 2. Section 508.313, Government Code, is amended by

adding Subsection (g) to read as follows:

(g)

This section does not apply to information provided in

accordance with Article 56A.051, Code of Criminal Procedure.

SECTION 3. This Act takes effect September 1, 2025.