Relating to certain rights of crime victims and witnesses and associated persons and to victim impact statements.

89(R) SB 1704 - Engrossed version - Bill Text

By: Parker, Huffman

S.B. No. 1704

Miles

A BILL TO BE ENTITLED

AN ACT

relating to certain rights of crime victims and witnesses and

associated persons and to victim impact statements.

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

SECTION 1. Article 56A.051(a), Code of Criminal Procedure,

is amended 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;

(B)

by the sentencing court of a modification or

amendment to the defendant's sentence, not later than three days

after the date on which the modification or amendment was made;
and

(C)
[
(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,
unless waived as provided by Article 56A.1511
[
if

requested
], of parole proceedings concerning a defendant in the

victim's case and of the defendant's release;

(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.

SECTION 2. Articles 56A.151(b) and (c), Code of Criminal

Procedure, are amended to read as follows:

(b) The victim impact statement must be in a form designed

to:

(1) inform a victim, guardian of a victim, or close

relative of a deceased victim
:

(A)
[
with a clear statement
] of
the
rights

granted by Subchapter B
, with a clear statement of those rights; and

(B)

that the following information will be

provided unless the victim, guardian, or relative waives the right

to receive the information under Article 56A.1511:

(i)

notification of any parole proceedings

concerning the defendant; and

(ii)

any information concerning the release

of the defendant from the department
; and

(2) collect the following information:

(A) the name of the victim of the offense or, if

the victim has a legal guardian or is deceased, the name of a

guardian or close relative of the victim;

(B) the address and telephone number of the

victim, guardian, or relative through which the victim, guardian,

or relative may be contacted;

(C) a statement of economic loss suffered by the

victim, guardian, or relative as a result of the offense;

(D) a statement of any physical or psychological

injury suffered by the victim, guardian, or relative as a result of

the offense, as described by the victim, guardian, or relative or by

a physician or counselor;

(E) a statement of any psychological services

requested as a result of the offense;

(F) a statement of any change in the victim's,

guardian's, or relative's personal welfare or familial relationship

as a result of the offense;

(G) [
a statement regarding whether the victim,

guardian, or relative wants to be notified of any parole hearing for

the defendant;

[
(H)
] if the victim is a child, whether there is

an existing court order granting to the defendant possession of or

access to the victim; and

(H)
[
(I)
] any other information related to the

impact of the offense on the victim, guardian, or relative, other

than facts related to the commission of the offense.

(c) The victim impact statement must include an explanation

regarding the procedures by which a victim, guardian of a victim, or

close relative of a deceased victim may
be provided the information

described by Subsection (b)(1)(B) after previously waiving the

right to receive the information under Article 56A.1511
[
obtain

information concerning the release of the defendant from the

department
].

SECTION 3. Subchapter D, Chapter 56A, Code of Criminal

Procedure, is amended by adding Article 56A.1511 to read as

follows:

Art.

56A.1511.

WAIVER OF RIGHT TO CERTAIN INFORMATION.

A

person who completes a victim impact statement under Article

56A.151 may:

(1)

waive the right to receive the information

described by Article 56A.151(b)(1)(B); and

(2)

on notice to the department in the manner

prescribed by the department, elect to be provided the information

described by Article 56A.151(b)(1)(B) after previously waiving the

right.

SECTION 4. Article 56A.153, Code of Criminal Procedure, is

amended to read as follows:

Art. 56A.153. NOTIFICATION TO COURT REGARDING RELEASE OF

DEFENDANT WITH ACCESS TO CHILD VICTIM. If information collected

under Article
56A.151(b)(2)(G)
[
56A.151(b)(2)(H)
] indicates the

defendant is granted possession of or access to a child victim under

court order and the department subsequently imprisons the defendant

as a result of the defendant's commission of the offense, the victim

services division of the department shall contact the court that

issued the order before the department releases the defendant on

parole or to mandatory supervision.

SECTION 5. Article 56A.154, Code of Criminal Procedure, is

amended to read as follows:

Art. 56A.154. CHANGE OF ADDRESS. If a victim, guardian of a

victim, or close relative of a deceased victim
has not waived the

right to receive information described by Article 56A.151(b)(1)(B)

[
states on a victim impact statement that the victim, guardian, or

relative wants to be notified of parole proceedings
], the victim,

guardian, or relative must notify the board of any change of

address.

SECTION 6. Article 56A.505, Code of Criminal Procedure, is

amended to read as follows:

Art. 56A.505.
WAIVER
[
NOTIFICATION
] OF RIGHT TO
CERTAIN

INFORMATION
[
NOTICE
]. Not later than immediately following the

conviction of a defendant for an offense described by Article

56A.502, the attorney who represented the state in the prosecution

of the case shall notify in writing a victim or witness described by

Article 56A.503(a) of
:

(1)
the victim's or witness's
ability to waive the

right to receive notice under this subchapter
; and

(2)

the manner in which the victim may notify the

department, the sheriff, or the community supervision and

corrections department supervising the defendant, as appropriate,

if the victim or witness elects to be provided notice under this

subchapter after previously waiving the right
.

SECTION 7. Article 56A.552, Code of Criminal Procedure, is

amended to read as follows:

Art. 56A.552. NOTIFICATION OF VICTIM. The department

shall immediately notify the victim of an offense, the victim's

guardian, or the victim's close relative if the victim is deceased,

subject to a waiver of notification under
[
if the victim, victim's

guardian, or victim's close relative has notified the department as

provided by
] Article 56A.554, when the defendant:

(1) escapes from a facility operated by the department

for the imprisonment of individuals convicted of felonies other

than state jail felonies; or

(2) is transferred from the custody of a facility

described by Subdivision (1) to the custody of a peace officer under

a writ of attachment or a bench warrant.

SECTION 8. Article 56A.553, Code of Criminal Procedure, is

amended to read as follows:

Art. 56A.553. NOTIFICATION OF WITNESS. The department

shall immediately notify a witness who testified against a

defendant at the trial for the offense for which the defendant is

imprisoned, the witness's guardian, or the witness's close

relative,
subject to a waiver of notification under
[
if the

witness, witness's guardian, or witness's close relative has

notified the department as provided by
] Article 56A.554, when the

defendant:

(1) escapes from a facility operated by the department

for the imprisonment of individuals convicted of felonies other

than state jail felonies; or

(2) is transferred from the custody of a facility

described by Subdivision (1) to the custody of a peace officer under

a writ of attachment or a bench warrant.

SECTION 9. Article 56A.554, Code of Criminal Procedure, is

amended to read as follows:

Art. 56A.554.
ADDRESS
[
REQUEST
] FOR NOTIFICATION;
WAIVER

[
CHANGE OF ADDRESS
].
(a)

For purposes of receiving the department

notification required under this subchapter, a
[
A
] victim, witness,

guardian, or close relative
shall:

(1)

provide the department with the e-mail address,

mailing address, and telephone number of the victim, witness,

guardian, or close relative; and

(2)

notify the department of any change of address or

telephone number of the victim, witness, guardian, or close

relative.

(b) A victim, witness, guardian, or close relative may:

(1) waive the right to the department
[
who wants
]

notification
required under this subchapter by providing notice to

[
of a defendant's escape or transfer from custody under a writ of

attachment or bench warrant must notify
] the department of that

fact
; and

(2)

on notice to the department in the manner

prescribed by the department, elect to be provided the department

notification after previously waiving the right
[
and of any change

of address
].

SECTION 10. This Act takes effect September 1, 2025.