Bill Text: TX HB4173 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-07 - Effective on . . . . . . . . . . . . . . . January 1, 2021 [HB4173 Detail]
Download: Texas-2019-HB4173-Introduced.html
Bill Title: Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-07 - Effective on . . . . . . . . . . . . . . . January 1, 2021 [HB4173 Detail]
Download: Texas-2019-HB4173-Introduced.html
86R8525 MAW/AJZ-D | ||
By: Leach | H.B. No. 4173 |
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relating to the nonsubstantive revision of certain provisions of | ||
the Code of Criminal Procedure, including conforming amendments. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. NONSUBSTANTIVE REVISION OF CERTAIN PROVISIONS OF THE | ||
CODE OF CRIMINAL PROCEDURE | ||
SECTION 1.01. Chapter 1, Code of Criminal Procedure, is amended by adding Articles 1.025 and 1.026 to read as follows: | ||
CHAPTER 1. GENERAL PROVISIONS | ||
Art. 1.025. SEVERABILITY | ||
Art. 1.026. CONSTRUCTION | ||
CHAPTER 1. GENERAL PROVISIONS | ||
Art. 1.025. SEVERABILITY. If any provision of this code or | ||
its application to any person or circumstance is held invalid, the | ||
invalidity does not affect other provisions or applications of the | ||
code that can be given effect without the invalid provision or | ||
application, and to this end the provisions of this code are | ||
severable. (Code Crim. Proc., Art. 54.01.) | ||
Art. 1.026. CONSTRUCTION. The articles contained in | ||
Chapter 722 (S.B. 107), Acts of the 59th Legislature, Regular | ||
Session, 1965, as revised, rewritten, changed, combined, and | ||
codified, may not be construed as a continuation of former laws | ||
except as otherwise provided in that Act. (Code Crim. Proc., Art. | ||
54.02, Sec. 2(a) (part).) | ||
SECTION 1.02. Title 1, Code of Criminal Procedure, is amended by adding Chapter 7B to read as follows: | ||
CHAPTER 7B. PROTECTIVE ORDERS | ||
SUBCHAPTER A. PROTECTIVE ORDER FOR VICTIMS OF SEXUAL ASSAULT OR | ||
ABUSE, STALKING, OR TRAFFICKING | ||
Art. 7B.001. APPLICATION FOR PROTECTIVE ORDER | ||
Art. 7B.002. TEMPORARY EX PARTE ORDER | ||
Art. 7B.003. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE | ||
ORDER | ||
Art. 7B.004. HEARSAY STATEMENT OF CHILD VICTIM | ||
Art. 7B.005. CONDITIONS SPECIFIED BY PROTECTIVE ORDER | ||
Art. 7B.006. WARNING ON PROTECTIVE ORDER | ||
Art. 7B.007. DURATION OF PROTECTIVE ORDER; RESCISSION | ||
Art. 7B.008. APPLICATION OF OTHER LAW | ||
SUBCHAPTER B. STALKING PROTECTIVE ORDER | ||
Art. 7B.051. REQUEST FOR PROTECTIVE ORDER | ||
Art. 7B.052. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE | ||
ORDER | ||
Art. 7B.053. ENFORCEMENT | ||
SUBCHAPTER C. PROTECTIVE ORDER PROHIBITING OFFENSE MOTIVATED BY | ||
BIAS OR PREJUDICE | ||
Art. 7B.101. REQUEST FOR PROTECTIVE ORDER | ||
Art. 7B.102. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE | ||
ORDER | ||
Art. 7B.103. ENFORCEMENT | ||
Art. 7B.104. REPORTING | ||
CHAPTER 7B. PROTECTIVE ORDERS | ||
SUBCHAPTER A. PROTECTIVE ORDER FOR VICTIMS OF SEXUAL ASSAULT OR | ||
ABUSE, STALKING, OR TRAFFICKING | ||
Art. 7B.001. APPLICATION FOR PROTECTIVE ORDER. (a) The | ||
following persons may file an application for a protective order | ||
under this subchapter without regard to the relationship between | ||
the applicant and the alleged offender: | ||
(1) a person who is the victim of an offense under | ||
Section 21.02, 21.11, 22.011, 22.021, or 42.072, Penal Code; | ||
(2) a person who is the victim of an offense under | ||
Section 20A.02, 20A.03, or 43.05, Penal Code; | ||
(3) a parent or guardian acting on behalf of a person | ||
younger than 17 years of age who is the victim of an offense listed | ||
in Subdivision (1); | ||
(4) a parent or guardian acting on behalf of a person | ||
younger than 18 years of age who is the victim of an offense listed | ||
in Subdivision (2); or | ||
(5) a prosecuting attorney acting on behalf of a | ||
person described by Subdivision (1), (2), (3), or (4). | ||
(b) An application for a protective order under this | ||
subchapter may be filed in: | ||
(1) a district court, juvenile court having the | ||
jurisdiction of a district court, statutory county court, or | ||
constitutional county court in: | ||
(A) the county in which the applicant resides; | ||
(B) the county in which the alleged offender | ||
resides; or | ||
(C) any county in which an element of the alleged | ||
offense occurred; or | ||
(2) any court with jurisdiction over a protective | ||
order under Title 4, Family Code, involving the same parties named | ||
in the application. (Code Crim. Proc., Art. 7A.01.) | ||
Art. 7B.002. TEMPORARY EX PARTE ORDER. If the court finds | ||
from the information contained in an application for a protective | ||
order that there is a clear and present danger of sexual assault or | ||
abuse, stalking, trafficking, or other harm to the applicant, the | ||
court, without further notice to the alleged offender and without a | ||
hearing, may issue a temporary ex parte order for the protection of | ||
the applicant or any other member of the applicant's family or | ||
household. (Code Crim. Proc., Art. 7A.02.) | ||
Art. 7B.003. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE | ||
ORDER. (a) At the close of a hearing on an application for a | ||
protective order under this subchapter, the court shall find | ||
whether there are reasonable grounds to believe that the applicant | ||
is the victim of sexual assault or abuse, stalking, or trafficking. | ||
(b) If the court finds that there are reasonable grounds to | ||
believe that the applicant is the victim of sexual assault or abuse, | ||
stalking, or trafficking, the court shall issue a protective order | ||
that includes a statement of the required findings. (Code Crim. | ||
Proc., Art. 7A.03.) | ||
Art. 7B.004. HEARSAY STATEMENT OF CHILD VICTIM. In a | ||
hearing on an application for a protective order under this | ||
subchapter, a statement that is made by a child younger than 14 | ||
years of age who is the victim of an offense under Section 21.02, | ||
21.11, 22.011, or 22.021, Penal Code, and that describes the | ||
offense committed against the child is admissible as evidence in | ||
the same manner that a child's statement regarding alleged abuse | ||
against the child is admissible under Section 104.006, Family Code, | ||
in a suit affecting the parent-child relationship. (Code Crim. | ||
Proc., Art. 7A.035.) | ||
Art. 7B.005. CONDITIONS SPECIFIED BY PROTECTIVE ORDER. (a) | ||
In a protective order issued under this subchapter, the court may: | ||
(1) order the alleged offender to take action as | ||
specified by the court that the court determines is necessary or | ||
appropriate to prevent or reduce the likelihood of future harm to | ||
the applicant or a member of the applicant's family or household; or | ||
(2) prohibit the alleged offender from: | ||
(A) communicating: | ||
(i) directly or indirectly with the | ||
applicant or any member of the applicant's family or household in a | ||
threatening or harassing manner; or | ||
(ii) in any manner with the applicant or any | ||
member of the applicant's family or household except through the | ||
applicant's attorney or a person appointed by the court, if the | ||
court finds good cause for the prohibition; | ||
(B) going to or near the residence, place of | ||
employment or business, or child-care facility or school of the | ||
applicant or any member of the applicant's family or household; | ||
(C) engaging in conduct directed specifically | ||
toward the applicant or any member of the applicant's family or | ||
household, including following the person, that is reasonably | ||
likely to harass, annoy, alarm, abuse, torment, or embarrass the | ||
person; and | ||
(D) possessing a firearm, unless the alleged | ||
offender is a peace officer, as defined by Section 1.07, Penal Code, | ||
actively engaged in employment as a sworn, full-time paid employee | ||
of a state agency or political subdivision. | ||
(b) In a protective order that includes a condition | ||
described by Subsection (a)(2)(B), the court shall specifically | ||
describe each prohibited location and the minimum distance from the | ||
location, if any, that the alleged offender must maintain. This | ||
subsection does not apply to a protective order with respect to | ||
which the court has received a request to maintain confidentiality | ||
of information revealing the locations. | ||
(c) In a protective order, the court may suspend a license | ||
to carry a handgun issued under Section 411.177, Government Code, | ||
that is held by the alleged offender. (Code Crim. Proc., Art. | ||
7A.05.) | ||
Art. 7B.006. WARNING ON PROTECTIVE ORDER. (a) Each | ||
protective order issued under this subchapter, including a | ||
temporary ex parte order, must contain the following prominently | ||
displayed statements in boldfaced type, in capital letters, or | ||
underlined: | ||
"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR | ||
CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN | ||
JAIL FOR AS LONG AS SIX MONTHS, OR BOTH." | ||
"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS | ||
ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY | ||
PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS | ||
VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT | ||
UNLESS A COURT CHANGES THE ORDER." | ||
"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS | ||
DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT | ||
AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL | ||
SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A | ||
FIREARM OR AMMUNITION." | ||
(b) Each protective order issued under this subchapter, | ||
except for a temporary ex parte order, must contain the following | ||
prominently displayed statement in boldfaced type, in capital | ||
letters, or underlined: | ||
"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED | ||
BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY | ||
CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT | ||
RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE | ||
OFFENSE IN ADDITION TO A VIOLATION OF THIS ORDER." (Code Crim. | ||
Proc., Art. 7A.06.) | ||
Art. 7B.007. DURATION OF PROTECTIVE ORDER; RESCISSION. (a) | ||
A protective order issued under Article 7B.003 may be effective for | ||
the duration of the lives of the offender and victim or for any | ||
shorter period stated in the order. If a period is not stated in the | ||
order, the order is effective until the second anniversary of the | ||
date the order was issued. | ||
(b) The following persons may file at any time an | ||
application with the court to rescind the protective order: | ||
(1) a victim of an offense listed in Article | ||
7B.001(a)(1) who is 17 years of age or older or a parent or guardian | ||
acting on behalf of a victim who is younger than 17 years of age; or | ||
(2) a victim of an offense listed in Article | ||
7B.001(a)(2) or a parent or guardian acting on behalf of a victim | ||
who is younger than 18 years of age. | ||
(c) To the extent of any conflict with Section 85.025, | ||
Family Code, this article prevails. (Code Crim. Proc., Art. | ||
7A.07.) | ||
Art. 7B.008. APPLICATION OF OTHER LAW. To the extent | ||
applicable, except as otherwise provided by this subchapter, Title | ||
4, Family Code, applies to a protective order issued under this | ||
subchapter. (Code Crim. Proc., Art. 7A.04.) | ||
SUBCHAPTER B. STALKING PROTECTIVE ORDER | ||
Art. 7B.051. REQUEST FOR PROTECTIVE ORDER. (a) At any | ||
proceeding related to an offense under Section 42.072, Penal Code, | ||
in which the defendant appears before the court, a person may | ||
request the court to issue a protective order under Title 4, Family | ||
Code, for the protection of the person. | ||
(b) The request under Subsection (a) is made by filing an | ||
application for a protective order in the same manner as an | ||
application for a protective order under Title 4, Family Code. | ||
(Code Crim. Proc., Art. 6.09(a).) | ||
Art. 7B.052. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE | ||
ORDER. The court shall issue a protective order in the manner | ||
provided by Title 4, Family Code, if, in lieu of the finding that | ||
family violence occurred and is likely to occur in the future as | ||
required by Section 85.001, Family Code, the court finds that: | ||
(1) probable cause exists to believe that an offense | ||
under Section 42.072, Penal Code, was committed; and | ||
(2) the nature of the scheme or course of conduct | ||
engaged in by the defendant in committing the offense indicates the | ||
defendant is likely in the future to engage in conduct prohibited by | ||
Section 42.072(a)(1), (2), or (3), Penal Code. (Code Crim. Proc., | ||
Art. 6.09(b).) | ||
Art. 7B.053. ENFORCEMENT. The procedure for the | ||
enforcement of a protective order under Title 4, Family Code, | ||
applies to the fullest extent practicable to the enforcement of a | ||
protective order under this subchapter, including provisions | ||
relating to findings, contents, duration, warning, delivery, law | ||
enforcement duties, and modification. (Code Crim. Proc., Art. | ||
6.09(c).) | ||
SUBCHAPTER C. PROTECTIVE ORDER PROHIBITING OFFENSE MOTIVATED BY | ||
BIAS OR PREJUDICE | ||
Art. 7B.101. REQUEST FOR PROTECTIVE ORDER. A person may | ||
request the court to issue a protective order under Title 4, Family | ||
Code, for the protection of the person at any proceeding: | ||
(1) in which the defendant appears in constitutional | ||
county court, statutory county court, or district court; | ||
(2) that is related to an offense under Title 5, Penal | ||
Code, or Section 28.02, 28.03, or 28.08, Penal Code; and | ||
(3) in which it is alleged that the defendant | ||
committed the offense because of bias or prejudice as described by | ||
Article 42.014. (Code Crim. Proc., Art. 6.08(a).) | ||
Art. 7B.102. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE | ||
ORDER. The court shall issue a protective order in the manner | ||
provided by Title 4, Family Code, if, in lieu of the finding that | ||
family violence occurred and is likely to occur in the future as | ||
required by Section 85.001, Family Code, the court finds that: | ||
(1) probable cause exists to believe that an offense | ||
under Title 5, Penal Code, or Section 28.02, 28.03, or 28.08, Penal | ||
Code, was committed; | ||
(2) the defendant committed the offense because of | ||
bias or prejudice; and | ||
(3) the nature of the scheme or course of conduct | ||
engaged in by the defendant in committing the offense indicates the | ||
defendant is likely in the future to: | ||
(A) engage in conduct prohibited by Title 5, | ||
Penal Code, or Section 28.02, 28.03, or 28.08, Penal Code; and | ||
(B) engage in that conduct described by Paragraph | ||
(A) because of bias or prejudice. (Code Crim. Proc., Art. 6.08(b).) | ||
Art. 7B.103. ENFORCEMENT. The procedure for the | ||
enforcement of a protective order under Title 4, Family Code, | ||
applies to the fullest extent practicable to the enforcement of a | ||
protective order under this subchapter, including provisions | ||
relating to findings, contents, duration, warning, delivery, law | ||
enforcement duties, and modification, except that: | ||
(1) the printed statement on the warning must refer to | ||
the prosecution of subsequent offenses committed because of bias or | ||
prejudice; | ||
(2) the court shall require a constable to serve a | ||
protective order issued under this subchapter; and | ||
(3) the clerk of the court shall forward a copy of a | ||
protective order issued under this subchapter to the Department of | ||
Public Safety with a designation indicating that the order was | ||
issued to prevent offenses committed because of bias or prejudice. | ||
(Code Crim. Proc., Art. 6.08(c).) | ||
Art. 7B.104. REPORTING. For an original or modified | ||
protective order issued under this subchapter, on receipt of the | ||
order from the clerk of the court, a law enforcement agency shall | ||
immediately, but not later than the 10th day after the date the | ||
order is received, enter the information required by Section | ||
411.042(b)(6), Government Code, into the statewide law enforcement | ||
information system maintained by the Department of Public Safety. | ||
(Code Crim. Proc., Art. 6.08(d).) | ||
SECTION 1.03. Title 1, Code of Criminal Procedure, is amended by adding Chapter 19A to read as follows: | ||
CHAPTER 19A. GRAND JURY ORGANIZATION | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Art. 19A.001. DEFINITIONS | ||
SUBCHAPTER B. SELECTION AND SUMMONS OF PROSPECTIVE GRAND JURORS | ||
Art. 19A.051. SELECTION AND SUMMONS OF PROSPECTIVE | ||
GRAND JURORS | ||
Art. 19A.052. QUALIFIED PERSONS SUMMONED | ||
Art. 19A.053. ADDITIONAL QUALIFIED PERSONS SUMMONED | ||
Art. 19A.054. FAILURE TO ATTEND | ||
SUBCHAPTER C. GRAND JUROR QUALIFICATIONS; EXCUSES FROM SERVICE | ||
Art. 19A.101. GRAND JUROR QUALIFICATIONS | ||
Art. 19A.102. TESTING QUALIFICATIONS OF PROSPECTIVE | ||
GRAND JURORS | ||
Art. 19A.103. QUALIFIED GRAND JURORS ACCEPTED | ||
Art. 19A.104. PERSONAL INFORMATION CONFIDENTIAL | ||
Art. 19A.105. EXCUSES FROM GRAND JURY SERVICE | ||
SUBCHAPTER D. CHALLENGE TO ARRAY OR GRAND JUROR | ||
Art. 19A.151. ANY PERSON MAY CHALLENGE | ||
Art. 19A.152. CHALLENGE TO ARRAY | ||
Art. 19A.153. CHALLENGE TO GRAND JUROR | ||
Art. 19A.154. DETERMINATION OF VALIDITY OF CHALLENGE | ||
Art. 19A.155. ADDITIONAL PROSPECTIVE GRAND JURORS | ||
SUMMONED FOLLOWING CHALLENGE | ||
SUBCHAPTER E. IMPANELING OF GRAND JURY | ||
Art. 19A.201. GRAND JURY IMPANELED | ||
Art. 19A.202. OATH OF GRAND JURORS | ||
Art. 19A.203. FOREPERSON | ||
Art. 19A.204. COURT INSTRUCTIONS | ||
SUBCHAPTER F. ORGANIZATION AND TERM OF GRAND JURY | ||
Art. 19A.251. QUORUM | ||
Art. 19A.252. DISQUALIFICATION OR UNAVAILABILITY OF | ||
GRAND JUROR | ||
Art. 19A.253. RECUSAL OF GRAND JUROR | ||
Art. 19A.254. REASSEMBLY OF GRAND JURY | ||
Art. 19A.255. EXTENSION OF TERM | ||
SUBCHAPTER G. BAILIFFS | ||
Art. 19A.301. BAILIFFS APPOINTED; COMPENSATION | ||
Art. 19A.302. BAILIFF'S DUTIES | ||
Art. 19A.303. BAILIFF'S VIOLATION OF DUTY | ||
CHAPTER 19A. GRAND JURY ORGANIZATION | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Art. 19A.001. DEFINITIONS. In this chapter: | ||
(1) "Array" means the whole body of persons summoned | ||
to serve as grand jurors before the grand jurors have been | ||
impaneled. | ||
(2) "Panel" means the whole body of grand jurors. | ||
(Code Crim. Proc., Arts. 19.28, 19.29 (part).) | ||
SUBCHAPTER B. SELECTION AND SUMMONS OF PROSPECTIVE GRAND JURORS | ||
Art. 19A.051. SELECTION AND SUMMONS OF PROSPECTIVE GRAND | ||
JURORS. (a) The district judge shall direct that the number of | ||
prospective grand jurors the judge considers necessary to ensure an | ||
adequate number of grand jurors under Article 19A.201 be selected | ||
and summoned, with return on summons. | ||
(b) The prospective grand jurors shall be selected and | ||
summoned in the same manner as for the selection and summons of | ||
panels for the trial of civil cases in the district courts. | ||
(c) The judge shall test the qualifications for and excuses | ||
from service as a grand juror and impanel the completed grand jury | ||
as provided by this chapter. (Code Crim. Proc., Art. 19.01.) | ||
Art. 19A.052. QUALIFIED PERSONS SUMMONED. On directing the | ||
sheriff to summon grand jurors, the court shall instruct the | ||
sheriff to not summon a person to serve as a grand juror who does not | ||
possess the qualifications prescribed by law. (Code Crim. Proc., | ||
Art. 19.20.) | ||
Art. 19A.053. ADDITIONAL QUALIFIED PERSONS SUMMONED. (a) | ||
If fewer than 16 persons summoned to serve as grand jurors are found | ||
to be in attendance and qualified to serve, the court shall order | ||
the sheriff to summon an additional number of persons considered | ||
necessary to constitute a grand jury of 12 grand jurors and four | ||
alternate grand jurors. | ||
(b) The sheriff shall summon the additional prospective | ||
grand jurors under Subsection (a) in person to attend before the | ||
court immediately. (Code Crim. Proc., Arts. 19.18, 19.19.) | ||
Art. 19A.054. FAILURE TO ATTEND. The court, by an order | ||
entered on the record, may impose a fine of not less than $100 and | ||
not more than $500 on a legally summoned grand juror who fails to | ||
attend without a reasonable excuse. (Code Crim. Proc., Art. 19.16.) | ||
SUBCHAPTER C. GRAND JUROR QUALIFICATIONS; EXCUSES FROM SERVICE | ||
Art. 19A.101. GRAND JUROR QUALIFICATIONS. A person may be | ||
selected or serve as a grand juror only if the person: | ||
(1) is at least 18 years of age; | ||
(2) is a citizen of the United States; | ||
(3) is a resident of this state and of the county in | ||
which the person is to serve; | ||
(4) is qualified under the constitution and other laws | ||
to vote in the county in which the grand jury is sitting, regardless | ||
of whether the person is registered to vote; | ||
(5) is of sound mind and good moral character; | ||
(6) is able to read and write; | ||
(7) has not been convicted of misdemeanor theft or a | ||
felony; | ||
(8) is not under indictment or other legal accusation | ||
for misdemeanor theft or a felony; | ||
(9) is not related within the third degree by | ||
consanguinity or second degree by affinity, as determined under | ||
Chapter 573, Government Code, to any person selected to serve or | ||
serving on the same grand jury; | ||
(10) has not served as a grand juror in the year before | ||
the date on which the term of court for which the person has been | ||
selected as a grand juror begins; and | ||
(11) is not a complainant in any matter to be heard by | ||
the grand jury during the term of court for which the person has | ||
been selected as a grand juror. (Code Crim. Proc., Art. 19.08.) | ||
Art. 19A.102. TESTING QUALIFICATIONS OF PROSPECTIVE GRAND | ||
JURORS. (a) When at least 14 persons summoned to serve as grand | ||
jurors are present, the court shall test the qualifications of the | ||
prospective grand jurors to serve as grand jurors. | ||
(b) Before impaneling a grand juror, the court or a person | ||
under the direction of the court must interrogate under oath each | ||
person who is presented to serve as a grand juror regarding the | ||
person's qualifications. | ||
(c) In testing the qualifications of a person to serve as a | ||
grand juror, the court or a person under the direction of the court | ||
shall ask: | ||
(1) "Are you a citizen of this state and county, and | ||
qualified to vote in this county, under the constitution and laws of | ||
this state?"; | ||
(2) "Are you able to read and write?"; | ||
(3) "Have you ever been convicted of misdemeanor theft | ||
or any felony?"; and | ||
(4) "Are you under indictment or other legal | ||
accusation for misdemeanor theft or for any felony?". (Code Crim. | ||
Proc., Arts. 19.21, 19.22, 19.23.) | ||
Art. 19A.103. QUALIFIED GRAND JURORS ACCEPTED. If, by the | ||
person's answer, it appears to the court that the person is a | ||
qualified grand juror, the court shall accept the person as a grand | ||
juror unless it is shown that the person: | ||
(1) is not of sound mind or of good moral character; or | ||
(2) is in fact not qualified to serve as a grand juror. | ||
(Code Crim. Proc., Art. 19.24.) | ||
Art. 19A.104. PERSONAL INFORMATION CONFIDENTIAL. (a) | ||
Except as provided by Subsection (c), information collected by the | ||
court, court personnel, or prosecuting attorney during the grand | ||
jury selection process about a person who serves as a grand juror is | ||
confidential and may not be disclosed by the court, court | ||
personnel, or prosecuting attorney. | ||
(b) Information that is confidential under Subsection (a) | ||
includes a person's: | ||
(1) home address; | ||
(2) home telephone number; | ||
(3) social security number; | ||
(4) driver's license number; and | ||
(5) other personal information. | ||
(c) On a showing of good cause, the court shall permit | ||
disclosure of the information sought to a party to the proceeding. | ||
(Code Crim. Proc., Art. 19.42.) | ||
Art. 19A.105. EXCUSES FROM GRAND JURY SERVICE. (a) The | ||
court shall excuse from serving any summoned person who does not | ||
possess the requisite qualifications. | ||
(b) The following qualified persons may be excused from | ||
grand jury service: | ||
(1) a person older than 70 years of age; | ||
(2) a person responsible for the care of a child | ||
younger than 18 years of age; | ||
(3) a student of a public or private secondary school; | ||
(4) a person enrolled in and in actual attendance at an | ||
institution of higher education; and | ||
(5) any other person the court determines has a | ||
reasonable excuse from service. (Code Crim. Proc., Art. 19.25.) | ||
SUBCHAPTER D. CHALLENGE TO ARRAY OR GRAND JUROR | ||
Art. 19A.151. ANY PERSON MAY CHALLENGE. (a) Before the | ||
grand jury is impaneled, any person may challenge the array of grand | ||
jurors or any person presented as a grand juror. The court may not | ||
hear objections to the qualifications and legality of the grand | ||
jury in any other way. | ||
(b) A person confined in jail in the county shall, on the | ||
person's request, be brought into court to make a challenge | ||
described by Subsection (a). (Code Crim. Proc., Art. 19.27.) | ||
Art. 19A.152. CHALLENGE TO ARRAY. (a) A challenge to the | ||
array may be made only for the following causes: | ||
(1) that the persons summoned as grand jurors are not | ||
in fact the persons selected by the method provided by Article | ||
19A.051; or | ||
(2) that the officer who summoned the grand jurors | ||
acted corruptly in summoning any grand juror. | ||
(b) A challenge to the array must be made in writing. (Code | ||
Crim. Proc., Art. 19.30.) | ||
Art. 19A.153. CHALLENGE TO GRAND JUROR. (a) A challenge to | ||
a grand juror may be made orally for any of the following causes: | ||
(1) that the grand juror is insane; | ||
(2) that the grand juror has a defect in the organs of | ||
feeling or hearing, or a bodily or mental defect or disease that | ||
renders the grand juror unfit for grand jury service, or that the | ||
grand juror is legally blind and the court in its discretion is not | ||
satisfied that the grand juror is fit for grand jury service in that | ||
particular case; | ||
(3) that the grand juror is a witness in or a target of | ||
an investigation of a grand jury; | ||
(4) that the grand juror served on a petit jury in a | ||
former trial of the same alleged conduct or offense that the grand | ||
jury is investigating; | ||
(5) that the grand juror has a bias or prejudice in | ||
favor of or against the person accused or suspected of committing an | ||
offense that the grand jury is investigating; | ||
(6) that from hearsay, or otherwise, there is | ||
established in the mind of the grand juror a conclusion as to the | ||
guilt or innocence of the person accused or suspected of committing | ||
an offense that the grand jury is investigating that would | ||
influence the grand juror's vote on the presentment of an | ||
indictment; | ||
(7) that the grand juror is related within the third | ||
degree by consanguinity or affinity, as determined under Chapter | ||
573, Government Code, to a person accused or suspected of | ||
committing an offense that the grand jury is investigating or to a | ||
person who is a victim of an offense that the grand jury is | ||
investigating; | ||
(8) that the grand juror has a bias or prejudice | ||
against any phase of the law on which the state is entitled to rely | ||
for an indictment; | ||
(9) that the grand juror is not a qualified grand | ||
juror; or | ||
(10) that the grand juror is the prosecutor on an | ||
accusation against the person making the challenge. | ||
(b) A challenge under Subsection (a)(3) may be made ex | ||
parte. The court shall review and rule on the challenge in an in | ||
camera proceeding. The court shall seal any record of the | ||
challenge. | ||
(c) In this article, "legally blind" has the meaning | ||
assigned by Article 35.16(a). (Code Crim. Proc., Art. 19.31.) | ||
Art. 19A.154. DETERMINATION OF VALIDITY OF CHALLENGE. When | ||
a person challenges the array or a grand juror, the court shall hear | ||
proof and decide in a summary manner whether the challenge is well | ||
founded. (Code Crim. Proc., Art. 19.32.) | ||
Art. 19A.155. ADDITIONAL PROSPECTIVE GRAND JURORS SUMMONED | ||
FOLLOWING CHALLENGE. (a) If the court sustains a challenge to the | ||
array, the court shall order another grand jury to be summoned. | ||
(b) If, because of a challenge to any particular grand | ||
juror, fewer than 12 grand jurors remain, the court shall order the | ||
panel to be completed. (Code Crim. Proc., Art. 19.33.) | ||
SUBCHAPTER E. IMPANELING OF GRAND JURY | ||
Art. 19A.201. GRAND JURY IMPANELED. (a) When at least 16 | ||
qualified grand jurors are found to be present, the court shall | ||
select 12 fair and impartial persons as grand jurors and 4 | ||
additional persons as alternate grand jurors to serve on | ||
disqualification or unavailability of a grand juror during the term | ||
of the grand jury. The grand jurors and the alternate grand jurors | ||
must be randomly selected from a fair cross section of the | ||
population of the area served by the court. | ||
(b) The court shall impanel the grand jurors and alternate | ||
grand jurors, unless a challenge is made to the array or to a | ||
particular person presented to serve as a grand juror or an | ||
alternate grand juror. | ||
(c) A grand juror is considered to be impaneled after the | ||
grand juror's qualifications have been tested and the grand juror | ||
has been sworn. (Code Crim. Proc., Arts. 19.26(a), (b) (part), | ||
19.29 (part).) | ||
Art. 19A.202. OATH OF GRAND JURORS. The court or a person | ||
under the direction of the court shall administer the following | ||
oath to the grand jurors when the grand jury is completed: "You | ||
solemnly swear that you will diligently inquire into, and true | ||
presentment make, of all such matters and things as shall be given | ||
you in charge; the State's counsel, your fellows and your own, you | ||
shall keep secret, unless required to disclose the same in the | ||
course of a judicial proceeding in which the truth or falsity of | ||
evidence given in the grand jury room, in a criminal case, shall be | ||
under investigation. You shall present no person from envy, hatred | ||
or malice; neither shall you leave any person unpresented for love, | ||
fear, favor, affection or hope of reward; but you shall present | ||
things truly as they come to your knowledge, according to the best | ||
of your understanding, so help you God." (Code Crim. Proc., Art. | ||
19.34 (part).) | ||
Art. 19A.203. FOREPERSON. (a) When the grand jury is | ||
completed, the court shall appoint one of the grand jurors as | ||
foreperson. | ||
(b) If the foreperson is for any cause absent or unable or | ||
disqualified to act, the court shall appoint another grand juror as | ||
foreperson. (Code Crim. Proc., Arts. 19.34 (part), 19.39.) | ||
Art. 19A.204. COURT INSTRUCTIONS. The court shall instruct | ||
the grand jury regarding the grand jurors' duty. (Code Crim. Proc., | ||
Art. 19.35.) | ||
SUBCHAPTER F. ORGANIZATION AND TERM OF GRAND JURY | ||
Art. 19A.251. QUORUM. Nine grand jurors constitute a | ||
quorum for the purpose of discharging a duty or exercising a right | ||
properly belonging to the grand jury. (Code Crim. Proc., Art. | ||
19.40.) | ||
Art. 19A.252. DISQUALIFICATION OR UNAVAILABILITY OF GRAND | ||
JUROR. (a) On learning that a grand juror has become disqualified | ||
or unavailable during the term of the grand jury, the attorney | ||
representing the state shall prepare an order for the court: | ||
(1) identifying the disqualified or unavailable grand | ||
juror; | ||
(2) stating the basis for the disqualification or | ||
unavailability; | ||
(3) dismissing the disqualified or unavailable grand | ||
juror from the grand jury; and | ||
(4) naming one of the alternate grand jurors as a | ||
member of the grand jury. | ||
(b) The procedure established by this article may be used on | ||
disqualification or unavailability of a second or subsequent grand | ||
juror during the term of the grand jury. | ||
(c) For purposes of this article, a grand juror is | ||
unavailable if the grand juror is unable to participate fully in the | ||
duties of the grand jury because of: | ||
(1) the death of the grand juror; | ||
(2) a physical or mental illness of the grand juror; or | ||
(3) any other reason the court determines constitutes | ||
good cause for dismissing the grand juror. (Code Crim. Proc., Art. | ||
19.26(b) (part).) | ||
Art. 19A.253. RECUSAL OF GRAND JUROR. (a) A grand juror | ||
who, during the course of the grand juror's service on the grand | ||
jury, determines that the grand juror could be subject to a valid | ||
challenge for cause under Article 19A.153, shall recuse himself or | ||
herself from grand jury service until the cause no longer exists. | ||
(b) A grand juror who knowingly fails to recuse himself or | ||
herself under Subsection (a) may be held in contempt of court. | ||
(c) A person authorized to be present in the grand jury room | ||
shall report a known violation of Subsection (a) to the court. | ||
(d) The court shall instruct the grand jury regarding the | ||
duty imposed by this article. (Code Crim. Proc., Art. 19.315.) | ||
Art. 19A.254. REASSEMBLY OF GRAND JURY. A grand jury | ||
discharged by the court for the term may be reassembled by the court | ||
at any time during the term. (Code Crim. Proc., Art. 19.41.) | ||
Art. 19A.255. EXTENSION OF TERM. (a) If, before the | ||
expiration of the term for which the grand jury was impaneled, the | ||
foreperson or a majority of the grand jurors declares in open court | ||
that the grand jury's investigation of the matters before the grand | ||
jury cannot be concluded before the expiration of the term, the | ||
judge of the district court in which the grand jury was impaneled | ||
may, by an order entered on the minutes of the court, extend, from | ||
time to time, the period during which the grand jury serves, for the | ||
purpose of concluding the investigation of matters then before the | ||
grand jury. | ||
(b) The extended period during which the grand jury serves | ||
under Subsection (a) may not exceed a total of 90 days after the | ||
expiration date of the term for which the grand jury was impaneled. | ||
(c) All indictments pertaining to the investigation for | ||
which the extension was granted returned by the grand jury during | ||
the extended period are as valid as if returned before the | ||
expiration of the term. (Code Crim. Proc., Art. 19.07.) | ||
SUBCHAPTER G. BAILIFFS | ||
Art. 19A.301. BAILIFFS APPOINTED; COMPENSATION. (a) The | ||
court and the district attorney may each appoint one or more | ||
bailiffs to attend to the grand jury. | ||
(b) The court, or a person under the direction of the court, | ||
shall administer the following oath to each bailiff at the time of | ||
appointment: "You solemnly swear that you will faithfully and | ||
impartially perform all the duties of bailiff of the grand jury, and | ||
that you will keep secret the proceedings of the grand jury, so help | ||
you God." | ||
(c) Bailiffs appointed under this article shall be | ||
compensated in an amount set by the applicable county commissioners | ||
court. (Code Crim. Proc., Art. 19.36.) | ||
Art. 19A.302. BAILIFF'S DUTIES. (a) A bailiff shall: | ||
(1) obey the instructions of the foreperson; | ||
(2) summon all witnesses; and | ||
(3) perform all duties the foreperson requires of the | ||
bailiff. | ||
(b) One bailiff shall always be with the grand jury if two or | ||
more bailiffs are appointed. (Code Crim. Proc., Art. 19.37.) | ||
Art. 19A.303. BAILIFF'S VIOLATION OF DUTY. (a) A bailiff | ||
may not: | ||
(1) take part in the discussions or deliberations of | ||
the grand jury; or | ||
(2) be present when the grand jury is discussing or | ||
voting on a question. | ||
(b) The grand jury shall report to the court any violation | ||
of duty by a bailiff. The court may punish the bailiff for the | ||
violation as for contempt. (Code Crim. Proc., Art. 19.38.) | ||
SECTION 1.04. Title 1, Code of Criminal Procedure, is amended by adding Chapter 20A to read as follows: | ||
CHAPTER 20A. GRAND JURY PROCEEDINGS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Art. 20A.001. DEFINITIONS | ||
SUBCHAPTER B. DUTIES OF GRAND JURY AND GRAND JURORS | ||
Art. 20A.051. DUTIES OF GRAND JURY | ||
Art. 20A.052. DUTIES AND POWERS OF FOREPERSON | ||
Art. 20A.053. MEETING AND ADJOURNMENT | ||
SUBCHAPTER C. GRAND JURY ROOM; PERSONS AUTHORIZED TO BE PRESENT | ||
Art. 20A.101. GRAND JURY ROOM | ||
Art. 20A.102. PERSONS WHO MAY BE PRESENT IN GRAND JURY | ||
ROOM | ||
Art. 20A.103. ATTORNEY REPRESENTING STATE ENTITLED TO | ||
APPEAR | ||
Art. 20A.104. PERSONS WHO MAY ADDRESS GRAND JURY | ||
SUBCHAPTER D. ADVICE TO GRAND JURY | ||
Art. 20A.151. ADVICE FROM ATTORNEY REPRESENTING STATE | ||
Art. 20A.152. ADVICE FROM COURT | ||
SUBCHAPTER E. RECORDING AND DISCLOSURE OF GRAND JURY PROCEEDINGS | ||
Art. 20A.201. RECORDING OF ACCUSED OR SUSPECTED | ||
PERSON'S TESTIMONY; RETENTION OF | ||
RECORDS | ||
Art. 20A.202. PROCEEDINGS SECRET | ||
Art. 20A.203. DISCLOSURE BY PERSON IN PROCEEDING | ||
PROHIBITED | ||
Art. 20A.204. DISCLOSURE BY ATTORNEY REPRESENTING | ||
STATE | ||
Art. 20A.205. PETITION FOR DISCLOSURE BY DEFENDANT | ||
SUBCHAPTER F. WITNESSES | ||
Art. 20A.251. IN-COUNTY WITNESS | ||
Art. 20A.252. OUT-OF-COUNTY WITNESS | ||
Art. 20A.253. EXECUTION OF PROCESS | ||
Art. 20A.254. EVASION OF PROCESS | ||
Art. 20A.255. WITNESS REFUSAL TO TESTIFY | ||
Art. 20A.256. WITNESS OATH | ||
Art. 20A.257. EXAMINATION OF WITNESSES | ||
Art. 20A.258. EXAMINATION OF ACCUSED OR SUSPECTED | ||
PERSON | ||
Art. 20A.259. PEACE OFFICER TESTIMONY BY VIDEO | ||
TELECONFERENCING | ||
SUBCHAPTER G. INDICTMENT | ||
Art. 20A.301. VOTING ON INDICTMENT | ||
Art. 20A.302. PREPARATION OF INDICTMENT | ||
Art. 20A.303. PRESENTMENT OF INDICTMENT | ||
Art. 20A.304. PRESENTMENT OF INDICTMENT ENTERED IN | ||
RECORD | ||
CHAPTER 20A. GRAND JURY PROCEEDINGS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Art. 20A.001. DEFINITIONS. In this chapter: | ||
(1) "Attorney representing the state" means the | ||
attorney general, district attorney, criminal district attorney, | ||
or county attorney. | ||
(2) "Foreperson" means the foreperson of the grand | ||
jury appointed under Article 19A.203. (Code Crim. Proc., Art. | ||
20.03 (part); New.) | ||
SUBCHAPTER B. DUTIES OF GRAND JURY AND GRAND JURORS | ||
Art. 20A.051. DUTIES OF GRAND JURY. The grand jury shall | ||
inquire into all offenses subject to indictment of which any grand | ||
juror may have knowledge or of which the grand jury is informed by | ||
the attorney representing the state or by any other credible | ||
person. (Code Crim. Proc., Art. 20.09.) | ||
Art. 20A.052. DUTIES AND POWERS OF FOREPERSON. (a) The | ||
foreperson shall: | ||
(1) preside over the grand jury's sessions; and | ||
(2) conduct the grand jury's business and proceedings | ||
in an orderly manner. | ||
(b) The foreperson may appoint one or more of the grand | ||
jurors to act as clerks for the grand jury. (Code Crim. Proc., Art. | ||
20.07.) | ||
Art. 20A.053. MEETING AND ADJOURNMENT. The grand jury | ||
shall meet and adjourn at times agreed on by a majority of the grand | ||
jury, except that the grand jury may not adjourn for more than three | ||
consecutive days unless the court consents to the adjournment. | ||
With the court's consent, the grand jury may adjourn for a longer | ||
period and shall conform the grand jury's adjournments as closely | ||
as possible to the court's adjournments. (Code Crim. Proc., Art. | ||
20.08.) | ||
SUBCHAPTER C. GRAND JURY ROOM; PERSONS AUTHORIZED TO BE PRESENT | ||
Art. 20A.101. GRAND JURY ROOM. After the grand jury is | ||
organized, the grand jury shall discharge the grand jury's duties | ||
in a suitable place that the sheriff shall prepare for the grand | ||
jury's sessions. (Code Crim. Proc., Art. 20.01.) | ||
Art. 20A.102. PERSONS WHO MAY BE PRESENT IN GRAND JURY ROOM. | ||
(a) While the grand jury is conducting proceedings, only the | ||
following persons may be present in the grand jury room: | ||
(1) a grand juror; | ||
(2) a bailiff; | ||
(3) the attorney representing the state; | ||
(4) a witness: | ||
(A) while the witness is being examined; or | ||
(B) when the witness's presence is necessary to | ||
assist the attorney representing the state in examining another | ||
witness or presenting evidence to the grand jury; | ||
(5) an interpreter, if necessary; | ||
(6) a stenographer or a person operating an electronic | ||
recording device, as provided by Article 20A.201; and | ||
(7) a person operating a video teleconferencing system | ||
for use under Article 20A.259. | ||
(b) While the grand jury is deliberating, only a grand juror | ||
may be present in the grand jury room. (Code Crim. Proc., Art. | ||
20.011.) | ||
Art. 20A.103. ATTORNEY REPRESENTING STATE ENTITLED TO | ||
APPEAR. The attorney representing the state is entitled to appear | ||
before the grand jury and inform the grand jury of offenses subject | ||
to indictment at any time except when the grand jury is discussing | ||
the propriety of finding an indictment or is voting on an | ||
indictment. (Code Crim. Proc., Art. 20.03 (part).) | ||
Art. 20A.104. PERSONS WHO MAY ADDRESS GRAND JURY. No person | ||
may address the grand jury about a matter before the grand jury | ||
other than the attorney representing the state, a witness, or the | ||
accused or suspected person or the attorney for the accused or | ||
suspected person if approved by the attorney representing the | ||
state. (Code Crim. Proc., Art. 20.04 (part).) | ||
SUBCHAPTER D. ADVICE TO GRAND JURY | ||
Art. 20A.151. ADVICE FROM ATTORNEY REPRESENTING STATE. The | ||
grand jury may send for the attorney representing the state and ask | ||
the attorney's advice on any matter of law or on any question | ||
regarding the discharge of the grand jury's duties. (Code Crim. | ||
Proc., Art. 20.05.) | ||
Art. 20A.152. ADVICE FROM COURT. (a) The grand jury may | ||
seek and receive advice from the court regarding any matter before | ||
the grand jury. For that purpose, the grand jury shall go into | ||
court in a body. | ||
(b) The grand jury shall ensure that the manner in which the | ||
grand jury's questions are asked does not divulge the particular | ||
accusation pending before the grand jury. | ||
(c) The grand jury may submit questions to the court in | ||
writing. The court may respond to those questions in writing. (Code | ||
Crim. Proc., Art. 20.06.) | ||
SUBCHAPTER E. RECORDING AND DISCLOSURE OF GRAND JURY PROCEEDINGS | ||
Art. 20A.201. RECORDING OF ACCUSED OR SUSPECTED PERSON'S | ||
TESTIMONY; RETENTION OF RECORDS. (a) The examination of an accused | ||
or suspected person before the grand jury and that person's | ||
testimony shall be recorded by a stenographer or by use of an | ||
electronic device capable of recording sound. | ||
(b) The validity of a grand jury proceeding is not affected | ||
by an unintentional failure to record all or part of the examination | ||
or testimony under Subsection (a). | ||
(c) The attorney representing the state shall maintain | ||
possession of all records other than stenographer's notes made | ||
under Subsection (a) and any typewritten transcription of those | ||
records, except as otherwise provided by this subchapter. (Code | ||
Crim. Proc., Art. 20.012.) | ||
Art. 20A.202. PROCEEDINGS SECRET. (a) Grand jury | ||
proceedings are secret. | ||
(b) A subpoena or summons relating to a grand jury | ||
proceeding or investigation must be kept secret to the extent and | ||
for as long as necessary to prevent the unauthorized disclosure of a | ||
matter before the grand jury. This subsection may not be construed | ||
to limit a disclosure permitted by Article 20A.204(b), (c), or (d) | ||
or 20A.205(a) or (b). (Code Crim. Proc., Arts. 20.02(a), (h).) | ||
Art. 20A.203. DISCLOSURE BY PERSON IN PROCEEDING | ||
PROHIBITED. (a) A grand juror, bailiff, interpreter, stenographer | ||
or person operating an electronic recording device, person | ||
preparing a typewritten transcription of a stenographic or | ||
electronic recording, or person operating a video teleconferencing | ||
system for use under Article 20A.259 who discloses anything | ||
transpiring before the grand jury in the course of the grand jury's | ||
official duties, regardless of whether the thing transpiring is | ||
recorded, may be punished by a fine not to exceed $500, as for | ||
contempt of court, by a term of confinement not to exceed 30 days, | ||
or both. | ||
(b) A witness who reveals any matter about which the witness | ||
is examined or that the witness observes during a grand jury | ||
proceeding, other than when the witness is required to give | ||
evidence on that matter in due course, may be punished by a fine not | ||
to exceed $500, as for contempt of court, and by a term of | ||
confinement not to exceed six months. (Code Crim. Proc., Arts. | ||
20.02(b), 20.16(b).) | ||
Art. 20A.204. DISCLOSURE BY ATTORNEY REPRESENTING STATE. | ||
(a) The attorney representing the state may not disclose anything | ||
transpiring before the grand jury except as permitted by this | ||
article or Article 20A.205(a) or (b). | ||
(b) In performing the attorney's duties, the attorney | ||
representing the state may disclose or permit a disclosure of a | ||
record made under Article 20A.201 or a typewritten transcription of | ||
that record, or may make or permit a disclosure otherwise | ||
prohibited by Article 20A.203, to a grand juror serving on the grand | ||
jury before which the record was made, another grand jury, a law | ||
enforcement agency, or a prosecuting attorney, as the attorney | ||
representing the state determines is necessary to assist the | ||
attorney in the performance of the attorney's duties. | ||
(c) The attorney representing the state shall warn any | ||
person authorized to receive information under Subsection (b) of | ||
the person's duty to maintain the secrecy of the information. | ||
(d) A person who receives information under Subsection (b) | ||
and discloses that information for purposes other than those | ||
permitted by that subsection may be punished for contempt in the | ||
same manner as a person who violates Article 20A.203(a). (Code | ||
Crim. Proc., Arts. 20.02(c), (g).) | ||
Art. 20A.205. PETITION FOR DISCLOSURE BY DEFENDANT. (a) | ||
The defendant may petition a court to order the disclosure of | ||
information made secret by Article 20A.202, 20A.203(a), or 20A.204, | ||
including a recording or typewritten transcription under Article | ||
20A.201, as a matter preliminary to or in connection with a judicial | ||
proceeding. The court may order disclosure of the information if | ||
the defendant shows a particularized need. | ||
(b) A petition for disclosure under Subsection (a) must be | ||
filed in the district court in which the case is pending. The | ||
defendant must also file a copy of the petition with the attorney | ||
representing the state, the parties to the judicial proceeding, and | ||
any other person the court requires. Each person who receives a | ||
copy of the petition under this subsection is entitled to appear | ||
before the court. The court shall provide interested parties with | ||
an opportunity to appear and present arguments for or against the | ||
requested disclosure. | ||
(c) A person who receives information under this article and | ||
discloses that information may be punished for contempt in the same | ||
manner as a person who violates Article 20A.203(a). (Code | ||
Crim. Proc., Arts. 20.02(d), (e), (f).) | ||
SUBCHAPTER F. WITNESSES | ||
Art. 20A.251. IN-COUNTY WITNESS. (a) In term time or | ||
vacation, the foreperson or the attorney representing the state may | ||
issue a summons or attachment for any witness in the county in which | ||
the grand jury sits. | ||
(b) A summons or attachment issued under Subsection (a) may | ||
require the witness to appear before the grand jury at a specified | ||
time, or immediately, without stating the matter under | ||
investigation. (Code Crim. Proc., Art. 20.10.) | ||
Art. 20A.252. OUT-OF-COUNTY WITNESS. (a) The foreperson | ||
or the attorney representing the state may cause a subpoena or | ||
attachment for a witness to be issued to any county in the state by | ||
submitting a written application to the district court stating the | ||
name and residence of the witness and that the witness's testimony | ||
is believed to be material. | ||
(b) A subpoena or attachment issued under this article: | ||
(1) is returnable to the grand jury in session or to | ||
the next grand jury for the county in which the subpoena or | ||
attachment was issued, as determined by the applicant; and | ||
(2) shall be served and returned in the manner | ||
prescribed by Chapter 24. | ||
(c) A subpoena issued under this article may require the | ||
witness to appear and produce records and documents. | ||
(d) A witness subpoenaed under this article shall be | ||
compensated as provided by this code. | ||
(e) An attachment issued under this article must command the | ||
sheriff or any constable of the county in which the witness resides | ||
to serve the witness and to bring the witness before the grand jury | ||
at a time and place specified in the attachment. | ||
(f) The attorney representing the state may cause an | ||
attachment to be issued under this article in term time or vacation. | ||
(Code Crim. Proc., Arts. 20.11, 20.12.) | ||
Art. 20A.253. EXECUTION OF PROCESS. (a) A bailiff or other | ||
officer who receives process to be served from the grand jury shall | ||
immediately execute the process and return the process to: | ||
(1) the foreperson, if the grand jury is in session; or | ||
(2) the district clerk, if the grand jury is not in | ||
session. | ||
(b) If the process is returned unexecuted, the return must | ||
state why the process was not executed. (Code Crim. Proc., | ||
Art. 20.13.) | ||
Art. 20A.254. EVASION OF PROCESS. If the court determines | ||
that a witness for whom an attachment has been issued to appear | ||
before the grand jury is in any manner wilfully evading the service | ||
of the summons or attachment, the court may fine the witness, as for | ||
contempt, in an amount not to exceed $500. (Code Crim. Proc., | ||
Art. 20.14.) | ||
Art. 20A.255. WITNESS REFUSAL TO TESTIFY. (a) If a witness | ||
brought in any manner before a grand jury refuses to testify, the | ||
witness's refusal shall be communicated to the attorney | ||
representing the state or to the court. | ||
(b) The court may compel a witness described by Subsection | ||
(a) to answer a proper question by imposing a fine not to exceed | ||
$500 and by committing the witness to jail until the witness is | ||
willing to testify. (Code Crim. Proc., Art. 20.15.) | ||
Art. 20A.256. WITNESS OATH. Before each witness is | ||
examined, the foreperson or a person under the foreperson's | ||
direction shall administer the following oath to the witness: "You | ||
solemnly swear that you will not reveal, by your words or conduct, | ||
and will keep secret any matter about which you may be examined or | ||
that you have observed during the proceedings of the grand jury, and | ||
that you will answer truthfully the questions asked of you by the | ||
grand jury, or under its direction, so help you God." (Code Crim. | ||
Proc., Art. 20.16(a).) | ||
Art. 20A.257. EXAMINATION OF WITNESSES. (a) Only a grand | ||
juror or the attorney representing the state may examine a witness | ||
before the grand jury. | ||
(b) The attorney representing the state shall advise the | ||
grand jury regarding the proper mode of examining a witness. | ||
(c) If a felony has been committed in any county in the grand | ||
jury's jurisdiction, and the name of the offender is known or | ||
unknown or if it is uncertain when or how the felony was committed, | ||
the grand jury shall first state the subject matter under | ||
investigation to a witness called before the grand jury and may then | ||
ask questions relevant to the transaction in general terms and in a | ||
manner that enables a determination as to whether the witness has | ||
knowledge of the violation of any particular law by any person, and | ||
if so, by what person. (Code Crim. Proc., Arts. 20.04 (part), | ||
20.18.) | ||
Art. 20A.258. EXAMINATION OF ACCUSED OR SUSPECTED PERSON. | ||
(a) Before the examination of an accused or suspected person who is | ||
subpoenaed to appear before the grand jury, the person shall be: | ||
(1) provided the warnings described by Subsection (b) | ||
orally and in writing; and | ||
(2) given a reasonable opportunity to: | ||
(A) retain counsel or apply to the court for an | ||
appointed attorney; and | ||
(B) consult with counsel before appearing before | ||
the grand jury. | ||
(b) The warnings required under Subsection (a)(1) must | ||
consist of the following: | ||
"Your testimony before this grand jury is under oath. Any | ||
material question that is answered falsely before this grand jury | ||
subjects you to being prosecuted for aggravated perjury. You have | ||
the right to refuse to make answers to any question, the answer to | ||
which would incriminate you in any manner. You have the right to | ||
have a lawyer present outside this chamber to advise you before | ||
making answers to questions you feel might incriminate you. Any | ||
testimony you give may be used against you at any subsequent | ||
proceeding. If you are unable to employ a lawyer, you have the | ||
right to have a lawyer appointed to advise you before making an | ||
answer to a question, the answer to which you feel might incriminate | ||
you." | ||
(c) In examining an accused or suspected person, the grand | ||
jury shall: | ||
(1) first state: | ||
(A) the offense of which the person is accused or | ||
suspected; | ||
(B) the county in which the offense is alleged to | ||
have been committed; and | ||
(C) as closely as possible, the time the offense | ||
was committed; and | ||
(2) direct the examination to the offense under | ||
investigation. (Code Crim. Proc., Art. 20.17.) | ||
Art. 20A.259. PEACE OFFICER TESTIMONY BY VIDEO | ||
TELECONFERENCING. (a) With the consent of the foreperson and the | ||
attorney representing the state, a peace officer summoned to | ||
testify before the grand jury may testify through the use of a | ||
closed circuit video teleconferencing system that provides a | ||
simultaneous, encrypted, compressed full motion video and | ||
interactive communication of image and sound between the officer, | ||
the grand jury, and the attorney representing the state. | ||
(b) In addition to being administered the oath required | ||
under Article 20A.256, before being examined, a peace officer | ||
testifying through the use of a closed circuit video | ||
teleconferencing system under this article shall affirm that the | ||
officer's testimony: | ||
(1) cannot be heard by any person other than a person | ||
in the grand jury room; and | ||
(2) is not being recorded or otherwise preserved by | ||
any person at the location from which the officer is testifying. | ||
(c) Testimony received from a peace officer under this | ||
article shall be recorded in the same manner as other testimony | ||
taken before the grand jury and shall be preserved. (Code Crim. | ||
Proc., Art. 20.151.) | ||
SUBCHAPTER G. INDICTMENT | ||
Art. 20A.301. VOTING ON INDICTMENT. After all the | ||
testimony accessible to the grand jury has been given with respect | ||
to any criminal accusation, the grand jury shall vote on the | ||
presentment of an indictment. If at least nine grand jurors concur | ||
in finding the bill, the foreperson shall make a memorandum of the | ||
vote with any information enabling the attorney representing the | ||
state to prepare the indictment. (Code Crim. Proc., Art. 20.19.) | ||
Art. 20A.302. PREPARATION OF INDICTMENT. (a) The attorney | ||
representing the state shall prepare, with as little delay as | ||
possible, each indictment found by the grand jury and shall deliver | ||
the indictment to the foreperson. The attorney shall endorse on the | ||
indictment the name of each witness on whose testimony the | ||
indictment was found. | ||
(b) The foreperson shall officially sign each indictment | ||
prepared and delivered under Subsection (a). (Code Crim. Proc., | ||
Art. 20.20.) | ||
Art. 20A.303. PRESENTMENT OF INDICTMENT. When an | ||
indictment is ready to be presented, the grand jury shall, through | ||
the foreperson, deliver the indictment to the judge or court clerk. | ||
At least nine grand jurors must be present to deliver the | ||
indictment. (Code Crim. Proc., Art. 20.21.) | ||
Art. 20A.304. PRESENTMENT OF INDICTMENT ENTERED IN RECORD. | ||
(a) If the defendant is in custody or under bond at the time the | ||
indictment is presented, the fact of the presentment shall be | ||
entered in the court's record, noting briefly the style of the | ||
criminal action, the file number of the indictment, and the | ||
defendant's name. | ||
(b) If the defendant is not in custody or under bond at the | ||
time the indictment is presented, the indictment may not be made | ||
public and the entry in the court's record relating to the | ||
indictment must be delayed until the capias is served and the | ||
defendant is placed in custody or under bond. (Code Crim. Proc., | ||
Art. 20.22.) | ||
SECTION 1.05. Title 1, Code of Criminal Procedure, is amended by adding Chapter 56A to read as follows: | ||
CHAPTER 56A. RIGHTS OF CRIME VICTIMS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Art. 56A.001. DEFINITIONS | ||
SUBCHAPTER B. CRIME VICTIMS' RIGHTS | ||
Art. 56A.051. GENERAL RIGHTS | ||
Art. 56A.052. ADDITIONAL RIGHTS OF VICTIMS OF SEXUAL | ||
ASSAULT, STALKING, OR TRAFFICKING | ||
Art. 56A.053. FAILURE TO PROVIDE RIGHT OR SERVICE | ||
Art. 56A.054. STANDING | ||
SUBCHAPTER C. ADDITIONAL PROTECTIONS FOR VICTIMS AND WITNESSES | ||
Art. 56A.101. VICTIM PRIVACY | ||
Art. 56A.102. VICTIM OR WITNESS DISCOVERY ATTENDANCE | ||
SUBCHAPTER D. VICTIM IMPACT STATEMENT | ||
Art. 56A.151. VICTIM IMPACT STATEMENT; INFORMATION | ||
BOOKLET | ||
Art. 56A.152. RECOMMENDATIONS TO ENSURE SUBMISSION OF | ||
STATEMENT | ||
Art. 56A.153. NOTIFICATION TO COURT REGARDING RELEASE | ||
OF DEFENDANT WITH ACCESS TO CHILD | ||
VICTIM | ||
Art. 56A.154. CHANGE OF ADDRESS | ||
Art. 56A.155. DISCOVERY OF STATEMENT | ||
Art. 56A.156. INSPECTION OF STATEMENT BY COURT; | ||
DISCLOSURE OF CONTENTS | ||
Art. 56A.157. CONSIDERATION OF STATEMENT BY COURT | ||
Art. 56A.158. DEFENDANT RESPONSE TO STATEMENT | ||
Art. 56A.159. TRANSFER OF STATEMENT AFTER SENTENCING | ||
Art. 56A.160. SURVEY PLAN REGARDING STATEMENTS | ||
SUBCHAPTER E. VICTIM ASSISTANCE COORDINATOR; CRIME VICTIM LIAISON | ||
Art. 56A.201. DESIGNATION OF VICTIM ASSISTANCE | ||
COORDINATOR | ||
Art. 56A.202. DUTIES OF VICTIM ASSISTANCE COORDINATOR | ||
Art. 56A.203. DESIGNATION OF CRIME VICTIM LIAISON | ||
Art. 56A.204. DUTIES OF CRIME VICTIM LIAISON | ||
Art. 56A.205. PSYCHOLOGICAL COUNSELING FOR CERTAIN | ||
JURORS | ||
SUBCHAPTER F. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT | ||
VICTIM REPORTING ASSAULT | ||
Art. 56A.251. REQUEST FOR FORENSIC MEDICAL EXAMINATION | ||
Art. 56A.252. PAYMENT OF COSTS OF EXAMINATION | ||
Art. 56A.253. PAYMENT OF COSTS RELATED TO TESTIMONY | ||
Art. 56A.254. PAYMENT OF COSTS FOR CERTAIN MEDICAL | ||
CARE | ||
Art. 56A.255. PAYMENT OF COSTS OF TREATMENT NOT | ||
REQUIRED | ||
SUBCHAPTER G. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT | ||
VICTIM NOT REPORTING ASSAULT | ||
Art. 56A.301. DEFINITIONS | ||
Art. 56A.302. APPLICABILITY | ||
Art. 56A.303. FORENSIC MEDICAL EXAMINATION | ||
Art. 56A.304. PAYMENT OF FEES RELATED TO EXAMINATION | ||
Art. 56A.305. PAYMENT OF COSTS FOR CERTAIN MEDICAL | ||
CARE | ||
Art. 56A.306. PROCEDURES FOR TRANSFER AND PRESERVATION | ||
OF EVIDENCE | ||
Art. 56A.307. PROCEDURES FOR SUBMISSION OR COLLECTION | ||
OF ADDITIONAL EVIDENCE | ||
Art. 56A.308. CONFIDENTIALITY OF CERTAIN RECORDS | ||
Art. 56A.309. RULES | ||
SUBCHAPTER H. PRESENCE OF ADVOCATE OR REPRESENTATIVE DURING | ||
FORENSIC MEDICAL EXAMINATION | ||
Art. 56A.351. PRESENCE OF SEXUAL ASSAULT PROGRAM | ||
ADVOCATE | ||
Art. 56A.352. REPRESENTATIVE PROVIDED BY PENAL | ||
INSTITUTION | ||
SUBCHAPTER I. REQUIRED NOTIFICATIONS BY LAW ENFORCEMENT AGENCY | ||
Art. 56A.401. NOTIFICATION OF RIGHTS | ||
Art. 56A.402. REFERRAL TO SEXUAL ASSAULT PROGRAM | ||
SUBCHAPTER J. REQUIRED NOTIFICATIONS BY ATTORNEY REPRESENTING THE | ||
STATE | ||
Art. 56A.451. NOTIFICATION OF RIGHTS | ||
Art. 56A.452. NOTIFICATION OF SCHEDULED COURT | ||
PROCEEDINGS | ||
Art. 56A.453. NOTIFICATION OF PLEA BARGAIN AGREEMENT | ||
Art. 56A.454. VICTIM CONTACT INFORMATION | ||
SUBCHAPTER K. NOTIFICATION BY CERTAIN ENTITIES OF RELEASE OR | ||
ESCAPE | ||
Art. 56A.501. DEFINITIONS | ||
Art. 56A.502. APPLICABILITY | ||
Art. 56A.503. NOTIFICATION OF RELEASE OR ESCAPE | ||
Art. 56A.504. NOTIFICATION REGARDING DEFENDANT SUBJECT | ||
TO ELECTRONIC MONITORING | ||
Art. 56A.505. NOTIFICATION OF RIGHT TO NOTICE | ||
Art. 56A.506. VICTIM OR WITNESS CONTACT INFORMATION; | ||
CONFIDENTIALITY | ||
Art. 56A.507. TIME FOR NOTICE | ||
SUBCHAPTER L. NOTIFICATION BY DEPARTMENT OF ESCAPE OR TRANSFER | ||
Art. 56A.551. DEFINITION | ||
Art. 56A.552. NOTIFICATION OF VICTIM | ||
Art. 56A.553. NOTIFICATION OF WITNESS | ||
Art. 56A.554. REQUEST FOR NOTIFICATION; CHANGE OF | ||
ADDRESS | ||
Art. 56A.555. NOTICE OF TRANSFER FROM OR RETURN TO | ||
CUSTODY | ||
SUBCHAPTER M. OTHER POWERS AND DUTIES OF DEPARTMENT AND | ||
CLEARINGHOUSE | ||
Art. 56A.601. DATABASE FOR DEFENDANT RELEASE | ||
INFORMATION | ||
Art. 56A.602. VICTIM-OFFENDER MEDIATION | ||
Art. 56A.603. CLEARINGHOUSE ANNUAL CONFERENCE | ||
Art. 56A.604. CRIME VICTIM ASSISTANCE STANDARDS | ||
CHAPTER 56A. RIGHTS OF CRIME VICTIMS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Art. 56A.001. DEFINITIONS. Except as otherwise provided by | ||
this chapter, in this chapter: | ||
(1) "Board" means the Board of Pardons and Paroles. | ||
(2) "Clearinghouse" means the Texas Crime Victim | ||
Clearinghouse. | ||
(3) "Close relative of a deceased victim" means a | ||
person who: | ||
(A) was the spouse of a deceased victim at the | ||
time of the victim's death; or | ||
(B) is a parent or adult brother, sister, or | ||
child of a deceased victim. | ||
(4) "Department" means the Texas Department of | ||
Criminal Justice. | ||
(5) "Guardian of a victim" means a person who is the | ||
legal guardian of the victim, regardless of whether the legal | ||
relationship between the guardian and victim exists because of the | ||
age of the victim or the physical or mental incompetency of the | ||
victim. | ||
(6) "Sexual assault" means an offense under the | ||
following provisions of the Penal Code: | ||
(A) Section 21.02; | ||
(B) Section 21.11(a)(1); | ||
(C) Section 22.011; or | ||
(D) Section 22.021. | ||
(7) "Victim" means a person who: | ||
(A) is the victim of the offense of: | ||
(i) sexual assault; | ||
(ii) kidnapping; | ||
(iii) aggravated robbery; | ||
(iv) trafficking of persons; or | ||
(v) injury to a child, elderly individual, | ||
or disabled individual; or | ||
(B) has suffered personal injury or death as a | ||
result of the criminal conduct of another. (Code Crim. Proc., Art. | ||
56.01; New.) | ||
SUBCHAPTER B. CRIME VICTIMS' RIGHTS | ||
Art. 56A.051. GENERAL RIGHTS. (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: | ||
(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: | ||
(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 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, the payment for a forensic medical examination | ||
under Article 56A.252 for a victim of an alleged sexual assault, and | ||
when requested, to referral to available social service agencies | ||
that may offer additional assistance; | ||
(7) the right to: | ||
(A) be informed, on request, 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, 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 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. | ||
(b) A victim, guardian of a victim, or close relative of a | ||
deceased victim is entitled to the right to be present at all public | ||
court proceedings related to the offense, subject to the approval | ||
of the judge in the case. | ||
(c) The office of the attorney representing the state and | ||
the sheriff, police, and other law enforcement agencies shall | ||
ensure to the extent practicable that a victim, guardian of a | ||
victim, or close relative of a deceased victim is provided the | ||
rights granted by this subchapter and, on request, an explanation | ||
of those rights. (Code Crim. Proc., Arts. 56.02(a), (b), (c).) | ||
Art. 56A.052. ADDITIONAL RIGHTS OF VICTIMS OF SEXUAL | ||
ASSAULT, STALKING, OR TRAFFICKING. (a) If the offense is a sexual | ||
assault, 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) if requested, the right to a disclosure of | ||
information regarding: | ||
(A) any evidence that was collected during the | ||
investigation of the offense, unless disclosing the information | ||
would interfere with the investigation or prosecution of the | ||
offense, in which event the victim, guardian, or relative shall be | ||
informed of the estimated date on which that information is | ||
expected to be disclosed; and | ||
(B) the status of any analysis being performed of | ||
any evidence described by Paragraph (A); | ||
(2) if requested, the right to be notified: | ||
(A) at the time a request is submitted to a crime | ||
laboratory to process and analyze any evidence that was collected | ||
during the investigation of the offense; | ||
(B) at the time of the submission of a request to | ||
compare any biological evidence collected during the investigation | ||
of the offense with DNA profiles maintained in a state or federal | ||
DNA database; and | ||
(C) of the results of the comparison described by | ||
Paragraph (B), unless disclosing the results would interfere with | ||
the investigation or prosecution of the offense, in which event the | ||
victim, guardian, or relative shall be informed of the estimated | ||
date on which those results are expected to be disclosed; | ||
(3) if requested, the right to counseling regarding | ||
acquired immune deficiency syndrome (AIDS) and human | ||
immunodeficiency virus (HIV) infection; and | ||
(4) for the victim, the right to: | ||
(A) testing for acquired immune deficiency | ||
syndrome (AIDS), human immunodeficiency virus (HIV) infection, | ||
antibodies to HIV, or infection with any other probable causative | ||
agent of AIDS; and | ||
(B) a forensic medical examination to the extent | ||
provided by Subchapters F and G if, within 96 hours of the offense: | ||
(i) the offense is reported to a law | ||
enforcement agency; or | ||
(ii) a forensic medical examination is | ||
otherwise conducted at a health care facility. | ||
(b) A victim, guardian of a victim, or close relative of a | ||
deceased victim who requests to be notified under Subsection (a)(2) | ||
must provide a current address and phone number to the attorney | ||
representing the state and the law enforcement agency that is | ||
investigating the offense. The victim, guardian, or relative must | ||
inform the attorney representing the state and the law enforcement | ||
agency of any change in the address or phone number. | ||
(c) A victim, guardian of a victim, or close relative of a | ||
deceased victim may designate a person, including an entity that | ||
provides services to victims of sexual assault, to receive any | ||
notice requested under Subsection (a)(2). | ||
(d) This subsection applies only to a victim of an offense | ||
under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, 42.072, | ||
or 43.05, Penal Code. A victim described by this subsection or a | ||
parent or guardian of the victim is entitled to the following rights | ||
within the criminal justice system: | ||
(1) the right to be informed: | ||
(A) that the victim or the victim's parent or | ||
guardian, as applicable, may file an application for a protective | ||
order under Article 7B.001; | ||
(B) of the court in which the application for a | ||
protective order may be filed; and | ||
(C) that, on request of the victim or of the | ||
victim's parent or guardian, as applicable, and subject to the | ||
Texas Disciplinary Rules of Professional Conduct, the attorney | ||
representing the state may file the application for a protective | ||
order on behalf of the victim; | ||
(2) the right to request that the attorney | ||
representing the state, subject to the Texas Disciplinary Rules of | ||
Professional Conduct, file an application for a protective order | ||
described by Subdivision (1); | ||
(3) if the victim or the victim's parent or guardian, | ||
as applicable, is present when the defendant is convicted or placed | ||
on deferred adjudication community supervision, the right to: | ||
(A) be given by the court the information | ||
described by Subdivision (1); and | ||
(B) file an application for a protective order | ||
under Article 7B.001 immediately following the defendant's | ||
conviction or placement on deferred adjudication community | ||
supervision if the court has jurisdiction over the application; and | ||
(4) if the victim or the victim's parent or guardian, | ||
as applicable, is not present when the defendant is convicted or | ||
placed on deferred adjudication community supervision, the right to | ||
be given by the attorney representing the state the information | ||
described by Subdivision (1). (Code Crim. Proc., Art. 56.021.) | ||
Art. 56A.053. FAILURE TO PROVIDE RIGHT OR SERVICE. (a) A | ||
judge, attorney representing the state, peace officer, or law | ||
enforcement agency is not liable for a failure or inability to | ||
provide a right granted by this subchapter. | ||
(b) The failure or inability of any person to provide a | ||
right or service granted by this subchapter may not be used by a | ||
defendant in a criminal case as a ground for appeal, a ground to set | ||
aside the conviction or sentence, or a ground in a habeas corpus | ||
petition. (Code Crim. Proc., Art. 56.02(d) (part).) | ||
Art. 56A.054. STANDING. A victim, guardian of a victim, or | ||
close relative of a deceased victim does not have standing to: | ||
(1) participate as a party in a criminal proceeding; | ||
or | ||
(2) contest the disposition of any charge. (Code | ||
Crim. Proc., Art. 56.02(d) (part).) | ||
SUBCHAPTER C. ADDITIONAL PROTECTIONS FOR VICTIMS AND WITNESSES | ||
Art. 56A.101. VICTIM PRIVACY. (a) As far as reasonably | ||
practical, the address of the victim may not be a part of the court | ||
file except as necessary to identify the place of the offense. | ||
(b) The phone number of the victim may not be a part of the | ||
court file. (Code Crim. Proc., Art. 56.09.) | ||
Art. 56A.102. VICTIM OR WITNESS DISCOVERY ATTENDANCE. | ||
Unless absolutely necessary, a victim or witness who is not | ||
confined may not be required to attend a deposition in a | ||
correctional facility. (Code Crim. Proc., Art. 56.10.) | ||
SUBCHAPTER D. VICTIM IMPACT STATEMENT | ||
Art. 56A.151. VICTIM IMPACT STATEMENT; INFORMATION | ||
BOOKLET. (a) The clearinghouse, with the participation of the | ||
board and the community justice assistance division of the | ||
department, shall develop a form to be used by law enforcement | ||
agencies, attorneys representing the state, and other participants | ||
in the criminal justice system to record the impact of an offense on | ||
a victim of the offense, guardian of a victim, or close relative of | ||
a deceased victim and to provide the agencies, attorneys, and | ||
participants with information needed to contact the victim, | ||
guardian, or relative if needed at any stage of a prosecution of a | ||
person charged with the offense. The clearinghouse, with the | ||
participation of the board and the community justice assistance | ||
division of the department, shall also develop a victims' | ||
information booklet that provides a general explanation of the | ||
criminal justice system to victims of an offense, guardians of | ||
victims, and relatives of deceased victims. | ||
(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 with a clear statement of rights | ||
granted by Subchapter B; 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 | ||
(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 obtain information | ||
concerning the release of the defendant from the department. | ||
(d) Not later than December 1 of each odd-numbered year, the | ||
clearinghouse, with the participation of the board and the | ||
community justice assistance division of the department, shall | ||
update the victim impact statement form and any other information | ||
provided by the community justice assistance division to victims, | ||
guardians of victims, and relatives of deceased victims, if | ||
necessary, to reflect changes in law relating to criminal justice | ||
and the rights of victims and guardians and relatives of victims. | ||
(Code Crim. Proc., Arts. 56.03(a), (b), (h), (i) (part).) | ||
Art. 56A.152. RECOMMENDATIONS TO ENSURE SUBMISSION OF | ||
STATEMENT. The victim services division of the department, in | ||
consultation with the board, law enforcement agencies, offices of | ||
attorneys representing the state, and other participants in the | ||
criminal justice system, shall develop recommendations to ensure | ||
that completed victim impact statements are submitted to the | ||
department as provided by Article 56A.159(b). (Code Crim. Proc., | ||
Art. 56.04(d-1).) | ||
Art. 56A.153. NOTIFICATION TO COURT REGARDING RELEASE OF | ||
DEFENDANT WITH ACCESS TO CHILD VICTIM. If information collected | ||
under Article 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. (Code Crim. Proc., Art. 56.03(i) (part).) | ||
Art. 56A.154. CHANGE OF ADDRESS. If a victim, guardian of a | ||
victim, or close relative of a deceased victim 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. (Code Crim. Proc., | ||
Art. 56.03(d).) | ||
Art. 56A.155. DISCOVERY OF STATEMENT. A victim impact | ||
statement is subject to discovery under Article 39.14 before the | ||
testimony of the victim is taken only if the court determines that | ||
the statement contains exculpatory material. (Code Crim. Proc., | ||
Art. 56.03(g).) | ||
Art. 56A.156. INSPECTION OF STATEMENT BY COURT; DISCLOSURE | ||
OF CONTENTS. The court may not inspect a victim impact statement | ||
until after a finding of guilt or until deferred adjudication | ||
community supervision is ordered and the contents of the statement | ||
may not be disclosed to any person unless: | ||
(1) the defendant pleads guilty or nolo contendere or | ||
is convicted of the offense; or | ||
(2) the defendant authorizes the court in writing to | ||
inspect the statement. (Code Crim. Proc., Art. 56.03(f).) | ||
Art. 56A.157. CONSIDERATION OF STATEMENT BY COURT. (a) | ||
Before imposing a sentence, a court shall, as applicable, inquire | ||
as to whether a victim impact statement has been returned to the | ||
attorney representing the state and, if a statement has been | ||
returned to the attorney, consider the information provided in the | ||
statement. | ||
(b) On inquiry by the sentencing court, the attorney | ||
representing the state shall make a copy of the statement available | ||
for consideration by the court. (Code Crim. Proc., Arts. 56.03(e) | ||
(part), 56.04(e) (part).) | ||
Art. 56A.158. DEFENDANT RESPONSE TO STATEMENT. Before | ||
sentencing a defendant, a court shall permit the defendant or the | ||
defendant's attorney a reasonable period to: | ||
(1) read the victim impact statement, excluding the | ||
victim's name, address, and telephone number; | ||
(2) comment on the statement; and | ||
(3) with the approval of the court, introduce | ||
testimony or other information alleging a factual inaccuracy in the | ||
statement. (Code Crim. Proc., Art. 56.03(e) (part).) | ||
Art. 56A.159. TRANSFER OF STATEMENT AFTER SENTENCING. (a) | ||
If a court sentences a defendant to a period of community | ||
supervision, the attorney representing the state shall forward any | ||
victim impact statement received in the case to the community | ||
supervision and corrections department supervising the defendant. | ||
(b) If a court sentences a defendant to imprisonment in the | ||
department, the court shall attach to the commitment papers the | ||
copy of the victim impact statement provided to the court under | ||
Article 56A.157(b). (Code Crim. Proc., Arts. 56.03(e) (part), | ||
56.04(e) (part).) | ||
Art. 56A.160. SURVEY PLAN REGARDING STATEMENTS. (a) In | ||
this article, "planning body" means the board, the clearinghouse, | ||
and the community justice assistance division of the department. | ||
(b) The planning body shall develop a survey plan to | ||
maintain statistics on the numbers and types of persons to whom | ||
state and local agencies provide victim impact statements during | ||
each year. | ||
(c) At intervals specified in the survey plan, the planning | ||
body may require any state or local agency to submit the following, | ||
in a form prescribed for the reporting of the information: | ||
(1) statistical data on the numbers and types of | ||
persons to whom the agency provides victim impact statements; and | ||
(2) any other information required by the planning | ||
body. | ||
(d) The form described by Subsection (c) must be designed | ||
to: | ||
(1) protect the privacy of persons provided rights | ||
under Subchapter B; and | ||
(2) determine whether the selected agency is making a | ||
good faith effort to protect the rights of the persons served. | ||
(Code Crim. Proc., Arts. 56.05(a), (b).) | ||
SUBCHAPTER E. VICTIM ASSISTANCE COORDINATOR; CRIME VICTIM LIAISON | ||
Art. 56A.201. DESIGNATION OF VICTIM ASSISTANCE | ||
COORDINATOR. The district attorney, criminal district attorney, or | ||
county attorney who prosecutes criminal cases shall designate a | ||
person to serve as victim assistance coordinator in that | ||
jurisdiction. (Code Crim. Proc., Art. 56.04(a).) | ||
Art. 56A.202. DUTIES OF VICTIM ASSISTANCE COORDINATOR. (a) | ||
The victim assistance coordinator designated under Article 56A.201 | ||
shall: | ||
(1) ensure that a victim, guardian of a victim, or | ||
close relative of a deceased victim is provided the rights granted | ||
to victims, guardians, or relatives by Subchapter B; and | ||
(2) work closely with appropriate law enforcement | ||
agencies, attorneys representing the state, the board, and the | ||
judiciary in carrying out the duty described by Subdivision (1). | ||
(b) The victim assistance coordinator shall send to a | ||
victim, guardian of a victim, or close relative of a deceased victim | ||
a victim impact statement and victims' information booklet | ||
described by Article 56A.151 and an application for compensation | ||
under Chapter 56B. The victim assistance coordinator shall include | ||
an offer to assist in completing the statement and application on | ||
request. | ||
(c) The victim assistance coordinator, on request, shall | ||
explain the possible use and consideration of the victim impact | ||
statement at any sentencing or parole hearing of the defendant. | ||
(Code Crim. Proc., Arts. 56.03(c), 56.04(b).) | ||
Art. 56A.203. DESIGNATION OF CRIME VICTIM LIAISON. Each | ||
local law enforcement agency shall designate one person to serve as | ||
the agency's crime victim liaison. (Code Crim. Proc., Art. | ||
56.04(c) (part).) | ||
Art. 56A.204. DUTIES OF CRIME VICTIM LIAISON. (a) The | ||
crime victim liaison designated under Article 56A.203 shall ensure | ||
that a victim, guardian of a victim, or close relative of a deceased | ||
victim is provided the rights granted to victims, guardians, or | ||
relatives by Articles 56A.051(a)(4), (6), and (9). | ||
(b) Each local law enforcement agency shall consult with the | ||
victim assistance coordinator in the office of the attorney | ||
representing the state to determine the most effective manner in | ||
which the crime victim liaison can perform the duties imposed on the | ||
crime victim liaison under this article and, if applicable, Article | ||
56A.205. (Code Crim. Proc., Arts. 56.04(c) (part), (d).) | ||
Art. 56A.205. PSYCHOLOGICAL COUNSELING FOR CERTAIN JURORS. | ||
(a) A commissioners court may approve a program in which a crime | ||
victim liaison or victim assistance coordinator may offer not more | ||
than 10 hours of post-investigation or posttrial psychological | ||
counseling for a person who: | ||
(1) serves as a grand juror, alternate grand juror, | ||
juror, or alternate juror in a grand jury investigation or criminal | ||
trial involving graphic evidence or testimony; and | ||
(2) requests the counseling not later than the 180th | ||
day after the date on which the grand jury or jury is dismissed. | ||
(b) The crime victim liaison or victim assistance | ||
coordinator may provide the counseling using a provider that | ||
assists local criminal justice agencies in providing similar | ||
services to victims. (Code Crim. Proc., Art. 56.04(f).) | ||
SUBCHAPTER F. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT | ||
VICTIM REPORTING ASSAULT | ||
Art. 56A.251. REQUEST FOR FORENSIC MEDICAL EXAMINATION. | ||
(a) Except as provided by Subsection (b), if a sexual assault is | ||
reported to a law enforcement agency within 96 hours after the | ||
assault, the law enforcement agency, with the consent of the victim | ||
of the alleged assault, a person authorized to act on behalf of the | ||
victim, or an employee of the Department of Family and Protective | ||
Services, shall request a forensic medical examination of the | ||
victim for use in the investigation or prosecution of the offense. | ||
(b) A law enforcement agency may decline to request a | ||
forensic medical examination under Subsection (a) only if: | ||
(1) the person reporting the sexual assault has made | ||
one or more false reports of sexual assault to any law enforcement | ||
agency; and | ||
(2) there is no other evidence to corroborate the | ||
current allegations of sexual assault. | ||
(c) If a sexual assault is not reported within the period | ||
described by Subsection (a), on receiving the consent described by | ||
that subsection a law enforcement agency may request a forensic | ||
medical examination of a victim of an alleged sexual assault as | ||
considered appropriate by the agency. (Code Crim. Proc., Arts. | ||
56.06(a), (b).) | ||
Art. 56A.252. PAYMENT OF COSTS OF EXAMINATION. A law | ||
enforcement agency that requests a forensic medical examination | ||
under Article 56A.251 shall pay all costs of the examination. On | ||
application to the attorney general, the law enforcement agency is | ||
entitled to be reimbursed for the reasonable costs of the | ||
examination if the examination was performed by a physician or by a | ||
sexual assault examiner or sexual assault nurse examiner, as | ||
defined by Section 420.003, Government Code. (Code Crim. Proc., | ||
Art. 56.06(c).) | ||
Art. 56A.253. PAYMENT OF COSTS RELATED TO TESTIMONY. A law | ||
enforcement agency or office of the attorney representing the state | ||
may pay all costs related to the testimony of a licensed health care | ||
professional in a criminal proceeding regarding the results of a | ||
forensic medical examination described by Article 56A.251 or the | ||
manner in which the examination was performed. (Code Crim. Proc., | ||
Art. 56.06(d).) | ||
Art. 56A.254. PAYMENT OF COSTS FOR CERTAIN MEDICAL CARE. | ||
The attorney general may make a payment to or on behalf of an | ||
individual for the reasonable costs incurred for medical care | ||
provided in accordance with Section 323.004, Health and Safety | ||
Code. (Code Crim. Proc., Art. 56.06(f).) | ||
Art. 56A.255. PAYMENT OF COSTS OF TREATMENT NOT REQUIRED. | ||
This subchapter does not require a law enforcement agency to pay any | ||
costs of treatment for injuries. (Code Crim. Proc., Art. 56.06(e).) | ||
SUBCHAPTER G. FORENSIC MEDICAL EXAMINATION OF SEXUAL ASSAULT | ||
VICTIM NOT REPORTING ASSAULT | ||
Art. 56A.301. DEFINITIONS. In this subchapter: | ||
(1) "Crime laboratory" has the meaning assigned by | ||
Article 38.35. | ||
(2) "Department" means the Department of Public Safety | ||
of the State of Texas. | ||
(3) "Sexual assault examiner" and "sexual assault | ||
nurse examiner" have the meanings assigned by Section 420.003, | ||
Government Code. (Code Crim. Proc., Art. 56.065(a).) | ||
Art. 56A.302. APPLICABILITY. This subchapter applies to | ||
the following health care facilities that provide diagnosis or | ||
treatment services to victims of sexual assault: | ||
(1) a general or special hospital licensed under | ||
Chapter 241, Health and Safety Code; | ||
(2) a general or special hospital owned by this state; | ||
(3) an outpatient clinic; and | ||
(4) a private physician's office. (Code Crim. Proc., | ||
Art. 56.065(b).) | ||
Art. 56A.303. FORENSIC MEDICAL EXAMINATION. (a) In | ||
accordance with Subchapter B, Chapter 420, Government Code, and | ||
except as provided by Subsection (b), a health care facility shall | ||
conduct a forensic medical examination of a victim of an alleged | ||
sexual assault if: | ||
(1) the victim arrives at the facility within 96 hours | ||
after the assault occurred; | ||
(2) the victim consents to the examination; and | ||
(3) at the time of the examination the victim has not | ||
reported the assault to a law enforcement agency. | ||
(b) If a health care facility does not provide diagnosis or | ||
treatment services to victims of sexual assault, the facility shall | ||
refer a victim of an alleged sexual assault who seeks a forensic | ||
medical examination under Subsection (a) to a health care facility | ||
that provides services to those victims. | ||
(c) A victim of an alleged sexual assault may not be | ||
required to participate in the investigation or prosecution of an | ||
offense as a condition of receiving a forensic medical examination | ||
under this article. (Code Crim. Proc., Arts. 56.065(c), (e), (h) | ||
(part).) | ||
Art. 56A.304. PAYMENT OF FEES RELATED TO EXAMINATION. (a) | ||
The department shall pay the appropriate fees, as set by attorney | ||
general rule, for the forensic portion of a forensic medical | ||
examination conducted under Article 56A.303(a) and for the evidence | ||
collection kit if a physician, sexual assault examiner, or sexual | ||
assault nurse examiner conducts the forensic portion of the | ||
examination within 96 hours after the alleged sexual assault | ||
occurred. | ||
(b) The attorney general shall reimburse the department for | ||
fees paid under Subsection (a). | ||
(c) A victim of an alleged sexual assault may not be | ||
required to pay for: | ||
(1) the forensic portion of the forensic medical | ||
examination; or | ||
(2) the evidence collection kit. (Code Crim. Proc., | ||
Arts. 56.065(d), (h) (part).) | ||
Art. 56A.305. PAYMENT OF COSTS FOR CERTAIN MEDICAL CARE. | ||
The attorney general may make a payment to or on behalf of an | ||
individual for the reasonable costs incurred for medical care | ||
provided in accordance with Section 323.004, Health and Safety | ||
Code. (Code Crim. Proc., Art. 56.065(k).) | ||
Art. 56A.306. PROCEDURES FOR TRANSFER AND PRESERVATION OF | ||
EVIDENCE. (a) The department, consistent with Chapter 420, | ||
Government Code, shall develop procedures for the transfer and | ||
preservation of evidence collected under this subchapter to a crime | ||
laboratory or other suitable location designated by the public | ||
safety director of the department. | ||
(b) An entity receiving the evidence shall preserve the | ||
evidence until the earlier of: | ||
(1) the second anniversary of the date on which the | ||
evidence was collected; or | ||
(2) the date on which written consent to release the | ||
evidence is obtained as provided by Section 420.0735, Government | ||
Code. (Code Crim. Proc., Art. 56.065(g).) | ||
Art. 56A.307. PROCEDURES FOR SUBMISSION OR COLLECTION OF | ||
ADDITIONAL EVIDENCE. The department, consistent with Chapter 420, | ||
Government Code, may develop procedures regarding the submission or | ||
collection of additional evidence of an alleged sexual assault | ||
other than through a forensic medical examination as described by | ||
Article 56A.303(a). (Code Crim. Proc., Art. 56.065(f).) | ||
Art. 56A.308. CONFIDENTIALITY OF CERTAIN RECORDS. (a) In | ||
this article, "identifying information" includes information that: | ||
(1) reveals the identity, personal history, or | ||
background of a person; or | ||
(2) concerns the victimization of a person. | ||
(b) A communication or record is confidential for purposes | ||
of Section 552.101, Government Code, if the communication or | ||
record: | ||
(1) contains identifying information regarding a | ||
victim who receives a forensic medical examination under Article | ||
56A.303(a); and | ||
(2) is created by, provided to, or in the control or | ||
possession of the department. (Code Crim. Proc., Art. 56.065(j).) | ||
Art. 56A.309. RULES. The attorney general and the | ||
department shall each adopt rules as necessary to implement this | ||
subchapter. (Code Crim. Proc., Art. 56.065(i).) | ||
SUBCHAPTER H. PRESENCE OF ADVOCATE OR REPRESENTATIVE DURING | ||
FORENSIC MEDICAL EXAMINATION | ||
Art. 56A.351. PRESENCE OF SEXUAL ASSAULT PROGRAM ADVOCATE. | ||
(a) Before conducting a forensic medical examination of a victim | ||
who consents to the examination for the collection of evidence for | ||
an alleged sexual assault, the physician or other medical services | ||
personnel conducting the examination shall offer the victim the | ||
opportunity to have an advocate from a sexual assault program as | ||
defined by Section 420.003, Government Code, be present with the | ||
victim during the examination, if the advocate is available at the | ||
time of the examination. The advocate must have completed a sexual | ||
assault training program described by Section 420.011(b), | ||
Government Code. | ||
(b) An advocate may only provide the victim with: | ||
(1) counseling and other support services; and | ||
(2) information regarding the rights of crime victims | ||
under Subchapter B. | ||
(c) Notwithstanding Subsection (a), an advocate and a | ||
sexual assault program providing the advocate may not delay or | ||
otherwise impede the screening or stabilization of an emergency | ||
medical condition. | ||
(d) A sexual assault program providing an advocate shall pay | ||
all costs associated with providing the advocate. | ||
(e) Any individual or entity, including a health care | ||
facility, that provides an advocate with access under Subsection | ||
(a) to a victim consenting to a forensic medical examination is not | ||
subject to civil or criminal liability for providing that access. | ||
In this article, "health care facility" includes a hospital | ||
licensed under Chapter 241, Health and Safety Code. (Code Crim. | ||
Proc., Arts. 56.045(a), (b), (c), (d), (e).) | ||
Art. 56A.352. REPRESENTATIVE PROVIDED BY PENAL | ||
INSTITUTION. (a) In this article, "penal institution" has the | ||
meaning assigned by Section 1.07, Penal Code. | ||
(b) If a victim alleging to have sustained injuries as the | ||
victim of a sexual assault was confined in a penal institution at | ||
the time of the alleged assault, the penal institution shall | ||
provide, at the victim's request, a representative to be present | ||
with the victim at any forensic medical examination conducted for | ||
the purpose of collecting and preserving evidence related to the | ||
investigation or prosecution of the alleged assault. The | ||
representative must: | ||
(1) be approved by the penal institution; and | ||
(2) be a: | ||
(A) psychologist; | ||
(B) sociologist; | ||
(C) chaplain; | ||
(D) social worker; | ||
(E) case manager; or | ||
(F) volunteer who has completed a sexual assault | ||
training program described by Section 420.011(b), Government Code. | ||
(c) A representative may only provide the victim with: | ||
(1) counseling and other support services; and | ||
(2) information regarding the rights of crime victims | ||
under Subchapter B. | ||
(d) A representative may not delay or otherwise impede the | ||
screening or stabilization of an emergency medical condition. | ||
(Code Crim. Proc., Art. 56.045(f).) | ||
SUBCHAPTER I. REQUIRED NOTIFICATIONS BY LAW ENFORCEMENT AGENCY | ||
Art. 56A.401. NOTIFICATION OF RIGHTS. At the initial | ||
contact or at the earliest possible time after the initial contact | ||
between a victim of a reported offense and the law enforcement | ||
agency having the responsibility for investigating the offense, the | ||
agency shall provide the victim a written notice containing: | ||
(1) information about the availability of emergency | ||
and medical services, if applicable; | ||
(2) information about the rights of crime victims | ||
under Subchapter B; | ||
(3) notice that the victim has the right to receive | ||
information regarding compensation to victims of crime as provided | ||
by Chapter 56B, including information about: | ||
(A) 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) the payment for a forensic medical | ||
examination under Article 56A.252 for a victim of an alleged sexual | ||
assault; and | ||
(C) referral to available social service | ||
agencies that may offer additional assistance; | ||
(4) the name, address, and phone number of the law | ||
enforcement agency's crime victim liaison; | ||
(5) the name, address, and phone number of the victim | ||
assistance coordinator of the office of the attorney representing | ||
the state; and | ||
(6) the following statement: | ||
"You may call the law enforcement agency's telephone number | ||
for the status of the case and information about victims' rights." | ||
(Code Crim. Proc., Art. 56.07(a).) | ||
Art. 56A.402. REFERRAL TO SEXUAL ASSAULT PROGRAM. (a) At | ||
the time a law enforcement agency provides notice under Article | ||
56A.401, the agency shall provide, if the agency possesses the | ||
relevant information: | ||
(1) a referral to a sexual assault program as defined | ||
by Section 420.003, Government Code; and | ||
(2) a written description of the services provided by | ||
the program. | ||
(b) A sexual assault program may provide a written | ||
description of the program's services to a law enforcement agency. | ||
(Code Crim. Proc., Art. 56.07(b).) | ||
SUBCHAPTER J. REQUIRED NOTIFICATIONS BY ATTORNEY REPRESENTING THE | ||
STATE | ||
Art. 56A.451. NOTIFICATION OF RIGHTS. (a) Not later than | ||
the 10th day after the date that an indictment or information is | ||
returned against a defendant for an offense, the attorney | ||
representing the state shall give to each victim of the offense a | ||
written notice containing: | ||
(1) the case number and assigned court for the case; | ||
(2) a brief general statement of each procedural stage | ||
in the processing of a criminal case, including bail, plea | ||
bargaining, parole restitution, and appeal; | ||
(3) suggested steps the victim may take if the victim | ||
is subjected to threats or intimidation; | ||
(4) the name, address, and phone number of the local | ||
victim assistance coordinator; and | ||
(5) notification of: | ||
(A) the rights and procedures under this chapter, | ||
Chapter 56B, and Subchapter B, Chapter 58; | ||
(B) the right to file a victim impact statement | ||
with the office of the attorney representing the state and the | ||
department; | ||
(C) the right to receive information regarding | ||
compensation to victims of crime as provided by Chapter 56B, | ||
including information about: | ||
(i) the costs that may be compensated under | ||
that chapter, eligibility for compensation, and procedures for | ||
application for compensation under that chapter; | ||
(ii) the payment for a forensic medical | ||
examination under Article 56A.252 for a victim of an alleged sexual | ||
assault; and | ||
(iii) referral to available social service | ||
agencies that may offer additional assistance; and | ||
(D) the right of a victim, guardian of a victim, | ||
or close relative of a deceased victim, as defined by Section | ||
508.117, Government Code, to appear in person before a member of the | ||
board as provided by Section 508.153, Government Code. | ||
(b) The brief general statement required by Subsection | ||
(a)(2) that describes the plea bargaining stage in a criminal trial | ||
must include a statement that: | ||
(1) a victim impact statement provided by a victim, | ||
guardian of a victim, or close relative of a deceased victim will be | ||
considered by the attorney representing the state in entering into | ||
a plea bargain agreement; and | ||
(2) the judge before accepting a plea bargain | ||
agreement is required under Article 26.13(e) to ask: | ||
(A) whether a victim impact statement has been | ||
returned to the attorney representing the state; | ||
(B) if a victim impact statement has been | ||
returned, for a copy of the statement; and | ||
(C) whether the attorney representing the state | ||
has given the victim, guardian of a victim, or close relative of a | ||
deceased victim notice of the existence and terms of the plea | ||
bargain agreement. (Code Crim. Proc., Arts. 56.08(a), (e).) | ||
Art. 56A.452. NOTIFICATION OF SCHEDULED COURT PROCEEDINGS. | ||
If requested by the victim, the attorney representing the state, as | ||
far as reasonably practical, shall give the victim notice of: | ||
(1) any scheduled court proceedings and changes in | ||
that schedule; and | ||
(2) the filing of a request for continuance of a trial | ||
setting. (Code Crim. Proc., Art. 56.08(b).) | ||
Art. 56A.453. NOTIFICATION OF PLEA BARGAIN AGREEMENT. The | ||
attorney representing the state, as far as reasonably practical, | ||
shall give a victim, guardian of a victim, or close relative of a | ||
deceased victim notice of the existence and terms of any plea | ||
bargain agreement to be presented to the court. (Code Crim. Proc., | ||
Art. 56.08(b-1).) | ||
Art. 56A.454. VICTIM CONTACT INFORMATION. (a) A victim who | ||
receives a notice under Article 56A.451(a) and who chooses to | ||
receive other notice under law about the same case must keep the | ||
following persons informed of the victim's current address and | ||
phone number: | ||
(1) the attorney representing the state; and | ||
(2) the department if the defendant is imprisoned in | ||
the department after sentencing. | ||
(b) An attorney representing the state who receives | ||
information concerning a victim's current address and phone number | ||
shall immediately provide that information to the community | ||
supervision and corrections department supervising the defendant, | ||
if the defendant is placed on community supervision. (Code Crim. | ||
Proc., Arts. 56.08(c), (d).) | ||
SUBCHAPTER K. NOTIFICATION BY CERTAIN ENTITIES OF RELEASE OR | ||
ESCAPE | ||
Art. 56A.501. DEFINITIONS. In this subchapter: | ||
(1) "Correctional facility" has the meaning assigned | ||
by Section 1.07, Penal Code. | ||
(2) "Family violence" has the meaning assigned by | ||
Section 71.004, Family Code. (Code Crim. Proc., Art. 56.11(h).) | ||
Art. 56A.502. APPLICABILITY. This subchapter applies to a | ||
defendant convicted of: | ||
(1) an offense under Title 5, Penal Code, that is | ||
punishable as a felony; | ||
(2) an offense described by Section 508.187(a), | ||
Government Code, other than an offense described by Subdivision | ||
(1); or | ||
(3) an offense involving family violence, stalking, or | ||
violation of a protective order or magistrate's order. (Code Crim. | ||
Proc., Art. 56.11(c).) | ||
Art. 56A.503. NOTIFICATION OF RELEASE OR ESCAPE. (a) The | ||
department or sheriff, whichever has custody of a defendant in the | ||
case of a felony, or the sheriff in the case of a misdemeanor, shall | ||
notify a victim of the offense or a witness who testified against | ||
the defendant at the trial for the offense, other than a witness who | ||
testified in the course and scope of the witness's official or | ||
professional duties, when a defendant convicted of an offense | ||
described by Article 56A.502: | ||
(1) completes the defendant's sentence and is | ||
released; or | ||
(2) escapes from a correctional facility. | ||
(b) If the department is required by Subsection (a) to give | ||
notice to a victim or witness, the department shall also give notice | ||
to local law enforcement officials in the county in which the victim | ||
or witness resides. (Code Crim. Proc., Arts. 56.11(a), (b).) | ||
Art. 56A.504. NOTIFICATION REGARDING DEFENDANT SUBJECT TO | ||
ELECTRONIC MONITORING. The department, in the case of a defendant | ||
released on parole or to mandatory supervision following a term of | ||
imprisonment for an offense described by Article 56A.502, or a | ||
community supervision and corrections department supervising a | ||
defendant convicted of an offense described by Article 56A.502 and | ||
subsequently released on community supervision, shall notify a | ||
victim or witness described by Article 56A.503(a) when the | ||
defendant, if subject to electronic monitoring as a condition of | ||
release, ceases to be electronically monitored. (Code Crim. Proc., | ||
Art. 56.11(a-1).) | ||
Art. 56A.505. NOTIFICATION OF RIGHT TO 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 the victim's | ||
or witness's right to receive notice under this subchapter. (Code | ||
Crim. Proc., Art. 56.11(g).) | ||
Art. 56A.506. VICTIM OR WITNESS CONTACT INFORMATION; | ||
CONFIDENTIALITY. (a) A victim or witness who wants notification | ||
under this subchapter must: | ||
(1) provide the department, the sheriff, or the | ||
community supervision and corrections department supervising the | ||
defendant, as appropriate, with the e-mail address, mailing | ||
address, and telephone number of the victim, witness, or other | ||
person through whom the victim or witness may be contacted; and | ||
(2) notify the appropriate department or the sheriff | ||
of any change of address or telephone number of the victim, witness, | ||
or other person. | ||
(b) Information obtained and maintained by the department, | ||
a sheriff, or a community supervision and corrections department | ||
under this article is privileged and confidential. (Code Crim. | ||
Proc., Art. 56.11(d).) | ||
Art. 56A.507. TIME FOR NOTICE. (a) The department, the | ||
sheriff, or the community supervision and corrections department | ||
supervising the defendant, as appropriate: | ||
(1) shall make a reasonable attempt to give any notice | ||
required by Article 56A.503(a) or 56A.504: | ||
(A) not later than the 30th day before the date | ||
the defendant: | ||
(i) completes the sentence and is released; | ||
or | ||
(ii) ceases to be electronically monitored | ||
as a condition of release; or | ||
(B) immediately if the defendant escapes from the | ||
correctional facility; and | ||
(2) may give the notice by e-mail, if possible. | ||
(b) An attempt by the department, the sheriff, or the | ||
community supervision and corrections department supervising the | ||
defendant to give notice to a victim or witness at the victim's or | ||
witness's last known mailing address or, if notice by e-mail is | ||
possible, last known e-mail address, as shown on the records of the | ||
appropriate department or agency, constitutes a reasonable attempt | ||
to give notice under this subchapter. (Code Crim. Proc., Arts. | ||
56.11(e), (f).) | ||
SUBCHAPTER L. NOTIFICATION BY DEPARTMENT OF ESCAPE OR TRANSFER | ||
Art. 56A.551. DEFINITION. In this subchapter, "witness's | ||
close relative" means a person who: | ||
(1) was the spouse of a deceased witness at the time of | ||
the witness's death; or | ||
(2) is a parent or adult brother, sister, or child of a | ||
deceased witness. (Code Crim. Proc., Art. 56.12(d).) | ||
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, 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. (Code Crim. Proc., Art. | ||
56.12(a).) | ||
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, 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. (Code Crim. Proc., Art. | ||
56.12(a-1).) | ||
Art. 56A.554. REQUEST FOR NOTIFICATION; CHANGE OF ADDRESS. | ||
A victim, witness, guardian, or close relative who wants | ||
notification 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 of any change of address. (Code Crim. Proc., Art. | ||
56.12(b).) | ||
Art. 56A.555. NOTICE OF TRANSFER FROM OR RETURN TO CUSTODY. | ||
The department shall include in a notice provided under Article | ||
56A.552(2) or 56A.553(2) the name, address, and telephone number of | ||
the peace officer receiving the defendant into custody. On | ||
returning the defendant to the custody of the department, the | ||
victim services division of the department shall notify the victim, | ||
witness, guardian, or close relative, as applicable, of the return. | ||
(Code Crim. Proc., Art. 56.12(c).) | ||
SUBCHAPTER M. OTHER POWERS AND DUTIES OF DEPARTMENT AND | ||
CLEARINGHOUSE | ||
Art. 56A.601. DATABASE FOR DEFENDANT RELEASE INFORMATION. | ||
The department shall: | ||
(1) create and maintain a computerized database | ||
containing the release information and release date of a defendant | ||
convicted of an offense described by Article 56A.502; and | ||
(2) allow a victim or witness entitled to notice under | ||
Subchapter K or L to access through the Internet the computerized | ||
database maintained under Subdivision (1). (Code Crim. Proc., Art. | ||
56.15.) | ||
Art. 56A.602. VICTIM-OFFENDER MEDIATION. The victim | ||
services division of the department shall: | ||
(1) train volunteers to act as mediators between | ||
victims, guardians of victims, and close relatives of deceased | ||
victims and offenders whose criminal conduct caused bodily injury | ||
or death to victims; and | ||
(2) provide mediation services through referral of a | ||
trained volunteer, if requested by a victim, guardian of a victim, | ||
or close relative of a deceased victim. (Code Crim. Proc., Art. | ||
56.13.) | ||
Art. 56A.603. CLEARINGHOUSE ANNUAL CONFERENCE. The | ||
clearinghouse may: | ||
(1) conduct an annual conference to provide to | ||
participants in the criminal justice system training containing | ||
information on crime victims' rights; and | ||
(2) charge a fee to a person attending the conference | ||
described by Subdivision (1). (Code Crim. Proc., Art. 56.14.) | ||
Art. 56A.604. CRIME VICTIM ASSISTANCE STANDARDS. The | ||
clearinghouse shall develop crime victim assistance standards and | ||
distribute those standards to law enforcement officers and | ||
attorneys representing the state to aid those officers and | ||
attorneys in performing duties imposed by this chapter, Chapter | ||
56B, and Subchapter B, Chapter 58. (Code Crim. Proc., Art. | ||
56.05(c).) | ||
SECTION 1.06. Title 1, Code of Criminal Procedure, is amended by adding Chapter 56B to read as follows: | ||
CHAPTER 56B. CRIME VICTIMS' COMPENSATION | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Art. 56B.001. SHORT TITLE | ||
Art. 56B.002. LEGISLATIVE FINDINGS AND INTENT | ||
Art. 56B.003. DEFINITIONS | ||
Art. 56B.004. ADMINISTRATION; RULES | ||
Art. 56B.005. ANNUAL REPORT | ||
Art. 56B.006. PUBLIC NOTICE | ||
Art. 56B.007. NOTICE BY LOCAL LAW ENFORCEMENT AGENCY | ||
SUBCHAPTER B. APPLICATION AND REVIEW | ||
Art. 56B.051. APPLICATION FOR COMPENSATION | ||
Art. 56B.052. PERIOD FOR FILING APPLICATION | ||
Art. 56B.053. REPORTING OF OFFENSE REQUIRED | ||
Art. 56B.054. REVIEW AND INVESTIGATION OF APPLICATION | ||
Art. 56B.055. MENTAL OR PHYSICAL EXAMINATION; AUTOPSY | ||
Art. 56B.056. HEARINGS AND PREHEARING CONFERENCES | ||
Art. 56B.057. APPROVAL OF APPLICATION | ||
Art. 56B.058. DISCLOSURE AND USE OF INFORMATION | ||
SUBCHAPTER C. AWARD OF COMPENSATION | ||
Art. 56B.101. TYPES OF ASSISTANCE | ||
Art. 56B.102. EMERGENCY AWARD | ||
Art. 56B.103. COMPENSATION FOR PECUNIARY LOSS | ||
Art. 56B.104. COMPENSATION FOR HEALTH CARE SERVICES | ||
Art. 56B.105. COMPENSATION FOR CERTAIN CRIMINALLY | ||
INJURIOUS CONDUCT PROHIBITED | ||
Art. 56B.106. LIMITS ON COMPENSATION | ||
Art. 56B.107. DENIAL OR REDUCTION OF AWARD | ||
Art. 56B.108. RECONSIDERATION | ||
SUBCHAPTER D. PAYMENT OF AWARD | ||
Art. 56B.151. METHOD OF PAYMENT | ||
Art. 56B.152. PAYMENT FOR PECUNIARY LOSS ACCRUED AT | ||
TIME OF AWARD | ||
Art. 56B.153. PAYMENT FOR PECUNIARY LOSS ACCRUED AFTER | ||
TIME OF AWARD | ||
Art. 56B.154. RECIPIENT OF PAYMENT | ||
SUBCHAPTER E. GENERAL PROVISIONS RELATING TO PAYMENT | ||
Art. 56B.201. ADJUSTMENT OF AWARDS AND PAYMENTS | ||
Art. 56B.202. SUBROGATION | ||
Art. 56B.203. AWARD NOT SUBJECT TO EXECUTION | ||
Art. 56B.204. ASSIGNMENT OF BENEFITS FOR LOSS ACCRUING | ||
IN FUTURE | ||
SUBCHAPTER F. PAYMENTS FOR CERTAIN DISABLED PEACE OFFICERS | ||
Art. 56B.251. DEFINITION | ||
Art. 56B.252. APPLICABILITY | ||
Art. 56B.253. PAYMENT ENTITLEMENT | ||
Art. 56B.254. AMOUNT OF PAYMENT | ||
Art. 56B.255. METHOD OF PAYMENT | ||
Art. 56B.256. COST-OF-LIVING ADJUSTMENT | ||
Art. 56B.257. CALCULATION OF INITIAL PAYMENT | ||
Art. 56B.258. PROOF REQUIRED FOR PAYMENT | ||
Art. 56B.259. HEARING | ||
Art. 56B.260. JUDICIAL REVIEW | ||
Art. 56B.261. PERIODIC REVIEW | ||
Art. 56B.262. ISSUANCE OF WARRANT FOR PAYMENT | ||
Art. 56B.263. LIMITS ON COMPENSATION | ||
Art. 56B.264. APPLICATION OF OTHER LAW | ||
SUBCHAPTER G. ATTORNEY'S FEES | ||
Art. 56B.301. AWARD OF ATTORNEY'S FEES | ||
Art. 56B.302. AMOUNT OF ATTORNEY'S FEES | ||
SUBCHAPTER H. JUDICIAL REVIEW | ||
Art. 56B.351. NOTICE OF DISSATISFACTION | ||
Art. 56B.352. SUIT; VENUE | ||
Art. 56B.353. RESTRICTIONS ON ATTORNEY GENERAL DURING | ||
JUDICIAL REVIEW | ||
Art. 56B.354. STANDARD OF REVIEW | ||
Art. 56B.355. BURDEN OF PROOF | ||
Art. 56B.356. ATTORNEY'S FEES | ||
Art. 56B.357. CALCULATION OF TIME | ||
SUBCHAPTER I. PRIVATE ACTION | ||
Art. 56B.401. NOTICE OF PROPOSED PRIVATE ACTION | ||
Art. 56B.402. RECEIPT OF NOTICE | ||
Art. 56B.403. DEDUCTION FOR REASONABLE EXPENSES | ||
Art. 56B.404. LIMITATIONS ON RESOLUTION OF ACTION | ||
Art. 56B.405. CRIMINAL PENALTY | ||
SUBCHAPTER J. FUNDS | ||
Art. 56B.451. DEFINITION | ||
Art. 56B.452. ESTABLISHMENT | ||
Art. 56B.453. USE OF MONEY | ||
Art. 56B.454. LIMITATIONS ON PAYMENTS | ||
Art. 56B.455. AMOUNT CARRIED FORWARD | ||
Art. 56B.456. TRANSFER OF MONEY FROM AUXILIARY FUND | ||
Art. 56B.457. GIFTS, GRANTS, AND DONATIONS | ||
Art. 56B.458. EMERGENCY RESERVE | ||
Art. 56B.459. APPROPRIATION FOR ASSOCIATE JUDGE | ||
PROGRAM | ||
Art. 56B.460. APPROPRIATION FOR OTHER CRIME VICTIM | ||
ASSISTANCE | ||
Art. 56B.461. USE OF AUXILIARY FUND | ||
Art. 56B.462. PAYERS OF LAST RESORT | ||
SUBCHAPTER K. ADMINISTRATIVE PENALTY | ||
Art. 56B.501. CONDUCT SUBJECT TO PENALTY; AMOUNT OF | ||
PENALTY | ||
Art. 56B.502. REPORT AND NOTICE OF VIOLATION AND | ||
PENALTY | ||
Art. 56B.503. PENALTY TO BE PAID OR HEARING REQUESTED | ||
Art. 56B.504. HEARING | ||
Art. 56B.505. DECISION BY ATTORNEY GENERAL | ||
Art. 56B.506. OPTIONS FOLLOWING DECISION: PAY OR | ||
APPEAL | ||
Art. 56B.507. COLLECTION OF PENALTY | ||
Art. 56B.508. DECISION BY COURT | ||
Art. 56B.509. REMITTANCE OF PENALTY AND INTEREST | ||
Art. 56B.510. RELEASE OF BOND | ||
Art. 56B.511. DISPOSITION OF PENALTY | ||
Art. 56B.512. RECOVERY OF EXPENSES | ||
Art. 56B.513. ADMINISTRATIVE PROCEDURE | ||
SUBCHAPTER L. OTHER PENALTIES AND SANCTIONS | ||
Art. 56B.551. LETTER OF REPRIMAND | ||
Art. 56B.552. CIVIL PENALTY | ||
CHAPTER 56B. CRIME VICTIMS' COMPENSATION | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Art. 56B.001. SHORT TITLE. This chapter may be cited as the | ||
Crime Victims' Compensation Act. (Code Crim. Proc., Art. 56.31.) | ||
Art. 56B.002. LEGISLATIVE FINDINGS AND INTENT. (a) The | ||
legislature recognizes that many innocent individuals suffer | ||
personal injury or death as a result of criminal acts. Crime victims | ||
and persons who intervene to prevent criminal acts often suffer | ||
disabilities, incur financial burdens, or become dependent on | ||
public assistance. The legislature finds that there is a need to | ||
compensate crime victims and those who suffer personal injury or | ||
death in the prevention of crime or in the apprehension of | ||
criminals. | ||
(b) It is the legislature's intent that the compensation of | ||
innocent victims of violent crime encourage greater public | ||
cooperation in the successful apprehension and prosecution of | ||
criminals. (Code Crim. Proc., Art. 56.311.) | ||
Art. 56B.003. DEFINITIONS. In this chapter: | ||
(1) "Child" means an individual younger than 18 years | ||
of age who: | ||
(A) is not married; or | ||
(B) has not had the disabilities of minority | ||
removed for general purposes under Chapter 31, Family Code. | ||
(2) "Claimant" means any of the following individuals, | ||
other than a service provider, who is entitled to file or has filed | ||
a claim for compensation under this chapter: | ||
(A) an authorized individual acting on behalf of | ||
a victim; | ||
(B) an individual who legally assumes the | ||
obligation or who voluntarily pays medical or burial expenses of a | ||
victim incurred as a result of the criminally injurious conduct of | ||
another; | ||
(C) a dependent of a victim who died as a result | ||
of the criminally injurious conduct; | ||
(D) an immediate family member or a household | ||
member of a victim who, as a result of the criminally injurious | ||
conduct: | ||
(i) requires psychiatric care or | ||
counseling; | ||
(ii) incurs expenses for traveling to and | ||
attending a deceased victim's funeral; or | ||
(iii) suffers wage loss from bereavement | ||
leave taken in connection with the death of the victim; or | ||
(E) an authorized individual acting on behalf of | ||
a child described by Paragraph (C) or (D). | ||
(3) "Collateral source" means any of the following | ||
sources of benefits or advantages for pecuniary loss that a | ||
claimant or victim has received or that is readily available to the | ||
claimant or victim from: | ||
(A) the offender under an order of restitution to | ||
the claimant or victim that is imposed by a court as a condition of | ||
community supervision; | ||
(B) the United States, a federal agency, a state | ||
or any of its political subdivisions, or an instrumentality of two | ||
or more states, unless the law providing for the benefits or | ||
advantages makes those benefits or advantages in addition to or | ||
secondary to benefits under this chapter; | ||
(C) social security, Medicare, or Medicaid; | ||
(D) another state's or another country's crime | ||
victims' compensation program; | ||
(E) workers' compensation; | ||
(F) an employer's wage continuation program, not | ||
including vacation and sick leave benefits; | ||
(G) proceeds of an insurance contract payable to | ||
or on behalf of the claimant or victim for loss that the claimant or | ||
victim sustained because of the criminally injurious conduct; | ||
(H) a contract or self-funded program providing | ||
hospital and other health care services or benefits; or | ||
(I) proceeds awarded to the claimant or victim as | ||
a result of third-party litigation. | ||
(4) "Criminally injurious conduct" means conduct | ||
that: | ||
(A) occurs or is attempted; | ||
(B) poses a substantial threat of personal injury | ||
or death; | ||
(C) is punishable by fine, imprisonment, or | ||
death, or would be punishable by fine, imprisonment, or death if the | ||
person engaging in the conduct possessed the capacity to commit the | ||
conduct; and | ||
(D) does not arise out of the ownership, | ||
maintenance, or use of a motor vehicle, aircraft, or water vehicle, | ||
unless the conduct is: | ||
(i) intended to cause personal injury or | ||
death; | ||
(ii) in violation of Section 545.157 or | ||
545.401, Transportation Code, if the conduct results in bodily | ||
injury or death; | ||
(iii) in violation of Section 550.021, | ||
Transportation Code; or | ||
(iv) in violation of one or more of the | ||
following sections of the Penal Code: | ||
(a) Section 19.04 (manslaughter); | ||
(b) Section 19.05 (criminally | ||
negligent homicide); | ||
(c) Section 22.02 (aggravated | ||
assault); | ||
(d) Section 22.05 (deadly conduct); | ||
(e) Section 49.04 (driving while | ||
intoxicated); | ||
(f) Section 49.05 (flying while | ||
intoxicated); | ||
(g) Section 49.06 (boating while | ||
intoxicated); | ||
(h) Section 49.07 (intoxication | ||
assault); or | ||
(i) Section 49.08 (intoxication | ||
manslaughter). | ||
(5) "Dependent" means: | ||
(A) a surviving spouse; | ||
(B) a person who is a dependent, within the | ||
meaning of the Internal Revenue Code of 1986, of a victim; and | ||
(C) a posthumous child of a deceased victim. | ||
(6) "Family violence" has the meaning assigned by | ||
Section 71.004(1), Family Code. | ||
(7) "Household member" means an individual who: | ||
(A) is related by consanguinity or affinity to | ||
the victim; and | ||
(B) resided in the same permanent household as | ||
the victim at the time that the criminally injurious conduct | ||
occurred. | ||
(8) "Immediate family member" means an individual who | ||
is related to a victim within the second degree by consanguinity or | ||
affinity. | ||
(9) "Intervenor" means an individual who goes to the | ||
aid of another and is killed or injured in a good faith effort to: | ||
(A) prevent criminally injurious conduct; | ||
(B) apprehend a person reasonably suspected of | ||
having engaged in criminally injurious conduct; or | ||
(C) aid a peace officer. | ||
(10) "Pecuniary loss" means the amount of the expense | ||
reasonably and necessarily incurred as a result of personal injury | ||
or death for: | ||
(A) medical, hospital, nursing, or psychiatric | ||
care or counseling, or physical therapy; | ||
(B) actual loss of past earnings and anticipated | ||
loss of future earnings and necessary travel expenses because of: | ||
(i) a disability resulting from the | ||
personal injury; | ||
(ii) the receipt of medically indicated | ||
services related to the disability; or | ||
(iii) participation in or attendance at | ||
investigative, prosecutorial, or judicial processes or any | ||
postconviction or postadjudication proceeding relating to | ||
criminally injurious conduct; | ||
(C) care of a child or dependent, including | ||
specialized care for a child who is a victim; | ||
(D) funeral and burial expenses, including, for | ||
an immediate family member or a household member of the victim, the | ||
necessary expenses of traveling to and attending the funeral; | ||
(E) loss of support to a dependent, consistent | ||
with Article 56B.057(b)(5); | ||
(F) reasonable and necessary costs of cleaning | ||
the crime scene; | ||
(G) reasonable replacement costs for clothing, | ||
bedding, or property of the victim seized as evidence or rendered | ||
unusable as a result of the criminal investigation; | ||
(H) reasonable and necessary costs for | ||
relocation and housing rental assistance payments as provided by | ||
Article 56B.106(c); | ||
(I) for an immediate family member or a household | ||
member of a deceased victim, bereavement leave of not more than 10 | ||
work days; and | ||
(J) reasonable and necessary costs of traveling | ||
to and from a place of execution to witness the execution, including | ||
one night's lodging near the place where the execution is | ||
conducted. | ||
(11) "Personal injury" means physical or mental harm. | ||
(12) "Sexual assault" means an offense under Section | ||
21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code. | ||
(13) "Trafficking of persons" means any offense that | ||
results in a person engaging in forced labor or services, including | ||
sexual conduct, and that may be prosecuted under Section 20A.02, | ||
20A.03, 43.03, 43.04, 43.05, 43.25, 43.251, or 43.26, Penal Code. | ||
(14) "Victim" means: | ||
(A) an individual who: | ||
(i) suffers personal injury or death as a | ||
result of criminally injurious conduct or as a result of actions | ||
taken by the individual as an intervenor, if the conduct or actions | ||
occurred in this state; and | ||
(ii) is a resident of this state or another | ||
state of the United States; | ||
(B) an individual who: | ||
(i) suffers personal injury or death as a | ||
result of criminally injurious conduct or as a result of actions | ||
taken by the individual as an intervenor, if the conduct or actions | ||
occurred in a state or country that does not have a crime victims' | ||
compensation program that meets the requirements of Section | ||
1403(b), Victims of Crime Act of 1984 (34 U.S.C. Section 20102(b)); | ||
(ii) is a resident of this state; and | ||
(iii) would be entitled to compensation | ||
under this chapter if the criminally injurious conduct or actions | ||
had occurred in this state; or | ||
(C) an individual who: | ||
(i) suffers personal injury or death as a | ||
result of criminally injurious conduct caused by an act of | ||
international terrorism as defined by 18 U.S.C. Section 2331 | ||
committed outside of the United States; and | ||
(ii) is a resident of this state. | ||
(15) "Victim-related services or assistance" means | ||
compensation, services, or assistance provided directly to a victim | ||
or claimant to support or assist in the recovery of the victim or | ||
claimant from the consequences of criminally injurious conduct. | ||
(Code Crim. Proc., Arts. 56.01(2-a), 56.32.) | ||
Art. 56B.004. ADMINISTRATION; RULES. (a) The attorney | ||
general shall adopt rules consistent with this chapter governing | ||
its administration, including rules relating to the method of | ||
filing claims and the proof of entitlement to compensation and the | ||
review of health care services subject to compensation under this | ||
chapter, Chapter 56A, and Subchapter B, Chapter 58. | ||
(b) Subchapters A and B, Chapter 2001, Government Code, | ||
except Sections 2001.004(3) and 2001.005, apply to the attorney | ||
general. | ||
(c) The attorney general may delegate to a person in the | ||
attorney general's office a power or duty given to the attorney | ||
general under this chapter. (Code Crim. Proc., Art. 56.33.) | ||
Art. 56B.005. ANNUAL REPORT. Not later than the 100th day | ||
after the end of each state fiscal year, the attorney general shall | ||
submit to the governor and the legislature a report on the attorney | ||
general's activities during the preceding fiscal year, including a | ||
statistical summary of claims and awards made and denied. (Code | ||
Crim. Proc., Art. 56.53.) | ||
Art. 56B.006. PUBLIC NOTICE. (a) A hospital licensed under | ||
the laws of this state shall display prominently in its emergency | ||
room posters giving notice of the existence and general provisions | ||
of this chapter. | ||
(b) The attorney general shall: | ||
(1) set standards for the location of the posters | ||
described by Subsection (a); and | ||
(2) provide posters, application forms, and general | ||
information regarding this chapter to each hospital and physician | ||
licensed to practice in this state. (Code Crim. Proc., Art. | ||
56.60(a).) | ||
Art. 56B.007. NOTICE BY LOCAL LAW ENFORCEMENT AGENCY. (a) | ||
Each local law enforcement agency shall inform a claimant or victim | ||
of the provisions of this chapter and make application forms | ||
available. | ||
(b) The attorney general: | ||
(1) shall: | ||
(A) provide application forms and all other | ||
documents that a local law enforcement agency may require to comply | ||
with this article; and | ||
(B) set standards to be followed by a local law | ||
enforcement agency to comply with this article; and | ||
(2) may require a local law enforcement agency to file | ||
with the attorney general a description of the procedures adopted | ||
by the agency to comply with this article. (Code Crim. Proc., Art. | ||
56.60(b).) | ||
SUBCHAPTER B. APPLICATION AND REVIEW | ||
Art. 56B.051. APPLICATION FOR COMPENSATION. (a) An | ||
applicant for compensation under this chapter must apply in writing | ||
on a form prescribed by the attorney general. | ||
(b) An application for compensation under this chapter must | ||
be verified and contain: | ||
(1) the date on which the criminally injurious conduct | ||
occurred; | ||
(2) a description of the nature and circumstances of | ||
the criminally injurious conduct; | ||
(3) a complete financial statement, including: | ||
(A) the cost of medical care or burial expenses | ||
and the loss of wages or support the claimant or victim has incurred | ||
or will incur; and | ||
(B) the extent to which the claimant or victim | ||
has been indemnified for the expenses under Paragraph (A) from a | ||
collateral source; | ||
(4) a statement indicating the extent of any | ||
disability resulting from the injury incurred; | ||
(5) an authorization permitting the attorney general | ||
to verify the contents of the application; and | ||
(6) any other information the attorney general | ||
requires. (Code Crim. Proc., Art. 56.36.) | ||
Art. 56B.052. PERIOD FOR FILING APPLICATION. (a) Except as | ||
otherwise provided by this article, a claimant or victim must file | ||
an application not later than the third anniversary of the date of | ||
the criminally injurious conduct. | ||
(b) The attorney general may extend the time for filing for | ||
good cause shown by the claimant or victim. | ||
(c) If the victim is a child, the application must be filed | ||
not later than the third anniversary of the date the claimant or | ||
victim is made aware of the offense, but not after the child attains | ||
21 years of age. | ||
(d) If a claimant or victim presents medically documented | ||
evidence of a physical or mental incapacity that was incurred by the | ||
claimant or victim as a result of the criminally injurious conduct | ||
and that reasonably prevented the claimant or victim from filing | ||
the application within the limitations period under Subsection (a), | ||
the period of the incapacity is not included. | ||
(e) For a claim that is based on criminally injurious | ||
conduct in violation of Chapter 19, Penal Code, the claimant must | ||
file an application not later than the third anniversary of the date | ||
the identity of the victim is established by a law enforcement | ||
agency. (Code Crim. Proc., Art. 56.37.) | ||
Art. 56B.053. REPORTING OF OFFENSE REQUIRED. (a) Except as | ||
otherwise provided by this article, a claimant or victim may not | ||
file an application unless the victim reports the criminally | ||
injurious conduct to the appropriate state or local public safety | ||
or law enforcement agency within a reasonable period, but not so | ||
late as to interfere with or hamper the investigation and | ||
prosecution of the offense after the criminally injurious conduct | ||
is committed. | ||
(b) The attorney general may extend the time for reporting | ||
the criminally injurious conduct if the attorney general determines | ||
that the extension is justified by extraordinary circumstances. | ||
(c) Subsection (a) does not apply if the victim is a child. | ||
(Code Crim. Proc., Art. 56.46.) | ||
Art. 56B.054. REVIEW AND INVESTIGATION OF APPLICATION. (a) | ||
The attorney general shall appoint a clerk to review each | ||
application for compensation described by Article 56B.051 to ensure | ||
the application is complete. | ||
(b) The attorney general may review the actual or proposed | ||
health care services for which a claimant or victim seeks | ||
compensation in an application filed under Article 56B.051. | ||
(c) The clerk shall return to the claimant or victim any | ||
application that is incomplete and shall provide a brief statement | ||
showing the additional information required. Not later than the | ||
30th day after the date of receiving a returned application, a | ||
claimant or victim may: | ||
(1) provide the additional information; or | ||
(2) appeal the action to the attorney general, who | ||
shall review the application to determine whether the application | ||
is complete. | ||
(d) The attorney general may investigate an application. | ||
(e) As part of the attorney general's review, verification, | ||
and hearing duties under this chapter, the attorney general may: | ||
(1) subpoena witnesses and administer oaths to | ||
determine whether and the extent to which a claimant or victim | ||
qualifies for an award; and | ||
(2) as provided by Article 56B.055 and if the mental, | ||
physical, or emotional condition of a claimant or victim is | ||
material to the claim, order: | ||
(A) a claimant or victim to submit to a mental or | ||
physical examination by a physician or psychologist; or | ||
(B) an autopsy of a deceased victim. | ||
(f) On request by the attorney general and not later than | ||
the 14th business day after the date of the request, a law | ||
enforcement agency shall release to the attorney general all | ||
reports, including witness statements and criminal history record | ||
information, to allow the attorney general to determine whether a | ||
claimant or victim qualifies for an award and the extent of the | ||
qualification. (Code Crim. Proc., Arts. 56.38, 56.385(a).) | ||
Art. 56B.055. MENTAL OR PHYSICAL EXAMINATION; AUTOPSY. (a) | ||
For good cause shown, an order for a mental or physical examination | ||
or an autopsy as provided by Article 56B.054(e)(2) may be made on | ||
notice to the individual to be examined and, if applicable, to each | ||
person who has appeared at a hearing under Article 56B.056. | ||
(b) An order under Subsection (a) must: | ||
(1) specify the time, place, manner, conditions, and | ||
scope of the examination or autopsy; | ||
(2) specify the person who is to perform the | ||
examination or autopsy; and | ||
(3) require the person performing the examination or | ||
autopsy to file with the attorney general a detailed written report | ||
of the examination or autopsy. | ||
(c) A report must set out the findings of the person | ||
performing the examination or autopsy, including: | ||
(1) the results of any test performed; and | ||
(2) any diagnosis, prognosis, or other conclusion or | ||
report of an earlier examination of the same condition. | ||
(d) On request of the individual examined, the attorney | ||
general shall provide to the individual a copy of the report. If | ||
the victim is deceased, the attorney general on request shall | ||
provide to the claimant a copy of the report. | ||
(e) A physician or psychologist performing an examination | ||
or autopsy under this article shall be compensated from money | ||
appropriated for the administration of this chapter. (Code Crim. | ||
Proc., Art. 56.39.) | ||
Art. 56B.056. HEARINGS AND PREHEARING CONFERENCES. (a) | ||
The attorney general shall determine whether a hearing on an | ||
application for compensation under this chapter is necessary. | ||
(b) On determining that a hearing is not necessary, the | ||
attorney general may approve the application in accordance with | ||
Article 56B.057. | ||
(c) On determining that a hearing is necessary or on request | ||
for a hearing by the claimant or victim, the attorney general shall | ||
consider the application at a hearing at a time and place of the | ||
attorney general's choosing. The attorney general shall notify all | ||
interested persons not later than the 10th day before the date of | ||
the hearing. | ||
(d) At the hearing the attorney general shall: | ||
(1) review the application for compensation and any | ||
report prepared under Article 56B.055 and any other evidence | ||
obtained as a result of the attorney general's investigation; and | ||
(2) receive other evidence that the attorney general | ||
finds necessary or desirable to evaluate the application properly. | ||
(e) The attorney general may appoint hearing officers to | ||
conduct hearings or prehearing conferences under this chapter. | ||
(f) A hearing or prehearing conference is open to the public | ||
unless the hearing officer or attorney general determines in a | ||
particular case that all or part of the hearing or conference should | ||
be held in private because a criminal suspect has not been | ||
apprehended or because a private hearing or conference is in the | ||
interest of the claimant or victim. | ||
(g) The attorney general may suspend the proceedings | ||
pending disposition of a criminal prosecution that has been | ||
commenced or is imminent, except that the attorney general may make | ||
an emergency award under Article 56B.102. | ||
(h) Subchapters C through H, Chapter 2001, Government Code, | ||
do not apply to the attorney general or the attorney general's | ||
orders and decisions. (Code Crim. Proc., Art. 56.40.) | ||
Art. 56B.057. APPROVAL OF APPLICATION. (a) The attorney | ||
general shall approve an application for compensation under this | ||
chapter if the attorney general finds by a preponderance of the | ||
evidence that grounds for compensation under this chapter exist. | ||
(b) The attorney general shall deny an application for | ||
compensation under this chapter if: | ||
(1) the criminally injurious conduct is not reported | ||
as provided by Article 56B.053; | ||
(2) the application is not made in the manner provided | ||
by Articles 56B.051 and 56B.052; | ||
(3) the claimant or victim knowingly and willingly | ||
participated in the criminally injurious conduct; | ||
(4) the claimant or victim is the offender or an | ||
accomplice of the offender; | ||
(5) an award of compensation to the claimant or victim | ||
would benefit the offender or an accomplice of the offender; | ||
(6) the claimant or victim was incarcerated in a penal | ||
institution, as defined by Section 1.07, Penal Code, at the time the | ||
offense was committed; or | ||
(7) the claimant or victim knowingly or intentionally | ||
submits false or forged information to the attorney general. | ||
(c) Subsection (b)(3) does not apply to a claimant or victim | ||
who seeks compensation for criminally injurious conduct that is: | ||
(1) in violation of Section 20A.02(a)(7), Penal Code; | ||
or | ||
(2) trafficking of persons, other than an offense | ||
described by Subdivision (1), if the criminally injurious conduct | ||
the claimant or victim participated in was the result of force, | ||
fraud, or coercion. | ||
(d) Except as provided by rules adopted by the attorney | ||
general to prevent the unjust enrichment of an offender, the | ||
attorney general may not deny an award otherwise payable to a | ||
claimant or victim because the claimant or victim: | ||
(1) is an immediate family member of the offender; or | ||
(2) resides in the same household as the offender. | ||
(Code Crim. Proc., Art. 56.41.) | ||
Art. 56B.058. DISCLOSURE AND USE OF INFORMATION. (a) This | ||
article does not apply to information made confidential by law. | ||
(b) An application for compensation under this chapter and | ||
any information, document, summary, or other record provided to or | ||
received, maintained, or created by the attorney general under this | ||
chapter is: | ||
(1) except as provided by Section 552.132(c), | ||
Government Code, not subject to disclosure under Chapter 552 of | ||
that code; and | ||
(2) except as provided by Subsection (c), not subject | ||
to disclosure, discovery, subpoena, or other means of legal | ||
compulsion for release. | ||
(c) The attorney general may not release or disclose an | ||
application for compensation under this chapter, or any | ||
information, document, summary, or other record provided to or | ||
received, maintained, or created by the attorney general under this | ||
chapter, except: | ||
(1) by court order for good cause shown, if the order | ||
includes a finding that the information is not available from any | ||
other source; | ||
(2) with the consent of: | ||
(A) the claimant or victim; or | ||
(B) the person that provided the information to | ||
the attorney general; | ||
(3) to an employee or other person under the direction | ||
of the attorney general; | ||
(4) to another crime victims' compensation program | ||
that meets the requirements of 34 U.S.C. Section 20102(b); | ||
(5) to a person authorized by the attorney general to | ||
receive the information to: | ||
(A) conduct an audit as required by state or | ||
federal law; | ||
(B) provide a review or examination under Article | ||
56B.054 or 56B.055 or under another provision of this chapter to | ||
determine the appropriateness of an award under this chapter; | ||
(C) prevent, deter, or punish fraud related to | ||
this chapter; or | ||
(D) assert subrogation or restitution rights; | ||
(6) as the attorney general determines necessary to | ||
enforce this chapter, including presenting the application, | ||
information, document, summary, or record in court; or | ||
(7) in response to a subpoena that is issued in a | ||
criminal proceeding and that requests an application for | ||
compensation under this chapter, subject to Subsection (d). | ||
(d) In responding to a subpoena described by Subsection | ||
(c)(7), the attorney general shall release only the victim's | ||
completed application form as described by Article 56B.051(a) after | ||
redacting any confidential information described by Section | ||
552.132(b), Government Code. The release of a victim's completed | ||
application form under this subsection does not affect the | ||
authority of the court to order the release or disclosure of | ||
additional information under this article. (Code Crim. Proc., Art. | ||
56.65.) | ||
SUBCHAPTER C. AWARD OF COMPENSATION | ||
Art. 56B.101. TYPES OF ASSISTANCE. (a) On approving an | ||
application for compensation under Article 56B.057, the attorney | ||
general shall determine the type of state assistance that will best | ||
aid the claimant or victim. | ||
(b) The attorney general may: | ||
(1) authorize a cash payment to or on behalf of a | ||
claimant or victim for pecuniary loss; | ||
(2) refer a claimant or victim to a state agency for | ||
vocational or other rehabilitative services; or | ||
(3) provide counseling services for a claimant or | ||
victim or contract with a private entity to provide counseling | ||
services. (Code Crim. Proc., Art. 56.35.) | ||
Art. 56B.102. EMERGENCY AWARD. (a) Before acting on an | ||
application for compensation under this chapter, the attorney | ||
general may make an emergency award if it appears likely that: | ||
(1) a final award will be made; and | ||
(2) the claimant or victim will suffer undue hardship | ||
if immediate economic relief is not obtained. | ||
(b) An emergency award may not exceed $1,500. | ||
(c) The amount of an emergency award must be: | ||
(1) deducted from the final award; or | ||
(2) repaid by and recoverable from the claimant or | ||
victim to the extent the emergency award exceeds the final award. | ||
(Code Crim. Proc., Art. 56.50.) | ||
Art. 56B.103. COMPENSATION FOR PECUNIARY LOSS. (a) The | ||
attorney general shall award compensation for pecuniary loss | ||
arising from criminally injurious conduct if the attorney general | ||
is satisfied by a preponderance of the evidence that the | ||
requirements of this chapter are met. | ||
(b) The attorney general shall establish whether, as a | ||
direct result of criminally injurious conduct, a claimant or victim | ||
suffered personal injury or death that resulted in a pecuniary loss | ||
for which the claimant or victim is not compensated from a | ||
collateral source. (Code Crim. Proc., Arts. 56.34(a), (b).) | ||
Art. 56B.104. COMPENSATION FOR HEALTH CARE SERVICES. (a) | ||
The attorney general shall award compensation for health care | ||
services according to the medical fee guidelines prescribed by | ||
Subtitle A, Title 5, Labor Code. | ||
(b) The attorney general, a claimant, or a victim is not | ||
liable for health care service charges that exceed the medical fee | ||
guidelines. A health care provider shall accept compensation from | ||
the attorney general as payment in full for the charges unless an | ||
investigation of the charges by the attorney general determines | ||
that there is a reasonable health care justification for the | ||
deviation from the guidelines. | ||
(c) The attorney general may not compensate a claimant or | ||
victim for health care services that the attorney general | ||
determines are not medically necessary. | ||
(d) The attorney general, a claimant, or a victim is not | ||
liable for a charge that is not medically necessary. (Code Crim. | ||
Proc., Arts. 56.34(c), (d), 56.385(b), (c).) | ||
Art. 56B.105. COMPENSATION FOR CERTAIN CRIMINALLY | ||
INJURIOUS CONDUCT PROHIBITED. (a) Except as provided by | ||
Subsection (b), the attorney general may not award compensation for | ||
pecuniary loss arising from criminally injurious conduct that | ||
occurred before January 1, 1980. | ||
(b) The attorney general may award compensation for | ||
pecuniary loss arising from criminally injurious conduct that | ||
occurred before January 1, 1980, if: | ||
(1) the conduct was in violation of Chapter 19, Penal | ||
Code; | ||
(2) the identity of the victim is established by a law | ||
enforcement agency on or after January 1, 2009; and | ||
(3) the claimant files the application for | ||
compensation within the limitations period provided by Article | ||
56B.052(e). (Code Crim. Proc., Art. 56.61.) | ||
Art. 56B.106. LIMITS ON COMPENSATION. (a) Except as | ||
otherwise provided by this article, awards payable to a victim and | ||
any other claimant sustaining pecuniary loss because of injury or | ||
death of that victim may not exceed $50,000 in the aggregate. | ||
(b) In addition to an award payable under Subsection (a), | ||
the attorney general may award not more than $75,000 for | ||
extraordinary pecuniary loss if the personal injury to a victim is | ||
catastrophic and results in a total and permanent disability to the | ||
victim. An award described by this subsection may be made for lost | ||
wages and the reasonable and necessary costs of: | ||
(1) making a home or motor vehicle accessible; | ||
(2) obtaining job training and vocational | ||
rehabilitation; | ||
(3) training in the use of a special appliance; | ||
(4) receiving home health care; | ||
(5) durable medical equipment; | ||
(6) rehabilitation technology; and | ||
(7) long-term medical expenses incurred as a result of | ||
medically indicated treatment for the personal injury. | ||
(c) A victim who is a victim of stalking, family violence, | ||
or trafficking of persons, or a victim of sexual assault who is | ||
assaulted in the victim's place of residence, may receive a | ||
one-time assistance payment in an amount not to exceed: | ||
(1) $2,000 to be used for relocation expenses, | ||
including expenses for rental deposit, utility connections, | ||
expenses relating to moving belongings, motor vehicle mileage | ||
expenses, and for an out-of-state move, transportation, lodging, | ||
and meals; and | ||
(2) $1,800 to be used for housing rental expenses. | ||
(d) An immediate family member or household member of a | ||
deceased victim may not receive more than $1,000 in lost wages as a | ||
result of bereavement leave taken by the family or household | ||
member. | ||
(e) The attorney general by rule may establish a limitation | ||
on any other pecuniary loss compensated under this chapter, | ||
including a limitation on pecuniary loss incurred as a result of a | ||
claimant's travel to and attendance of a deceased victim's funeral. | ||
(Code Crim. Proc., Art. 56.42.) | ||
Art. 56B.107. DENIAL OR REDUCTION OF AWARD. (a) The | ||
attorney general may deny or reduce an award otherwise payable: | ||
(1) if the claimant or victim has not substantially | ||
cooperated with an appropriate law enforcement agency; | ||
(2) if, as a result of the claimant's or victim's | ||
behavior, the claimant or victim bears a share of the | ||
responsibility for the act or omission giving rise to the claim; | ||
(3) to the extent that pecuniary loss is recouped from | ||
a collateral source; or | ||
(4) if the claimant or victim was engaging in an | ||
activity that at the time of the criminally injurious conduct was | ||
prohibited by law, including a rule. | ||
(b) Subsection (a)(4) does not apply to a claimant or victim | ||
who seeks compensation for criminally injurious conduct that is: | ||
(1) in violation of Section 20A.02(a)(7), Penal Code; | ||
or | ||
(2) trafficking of persons, other than an offense | ||
described by Subdivision (1), if the activity the claimant or | ||
victim engaged in was the result of force, fraud, or coercion. | ||
(Code Crim. Proc., Art. 56.45.) | ||
Art. 56B.108. RECONSIDERATION. (a) On the attorney | ||
general's own motion or on request of a claimant or victim, the | ||
attorney general may reconsider: | ||
(1) a decision to make or deny an award; or | ||
(2) the amount of an award. | ||
(b) At least annually, the attorney general shall | ||
reconsider each award being paid in installments. | ||
(c) On reconsideration, the attorney general may order the | ||
refund of an award if: | ||
(1) the award was obtained by fraud or mistake; or | ||
(2) newly discovered evidence shows the claimant or | ||
victim to be ineligible for the award under Article 56B.057 or | ||
56B.107. (Code Crim. Proc., Art. 56.47.) | ||
SUBCHAPTER D. PAYMENT OF AWARD | ||
Art. 56B.151. METHOD OF PAYMENT. The attorney general may | ||
pay an award in a lump sum or in installments as provided by this | ||
subchapter. (Code Crim. Proc., Art. 56.44(a) (part).) | ||
Art. 56B.152. PAYMENT FOR PECUNIARY LOSS ACCRUED AT TIME OF | ||
AWARD. The attorney general shall pay in a lump sum the part of an | ||
award equal to the amount of pecuniary loss accrued to the date of | ||
the award. (Code Crim. Proc., Art. 56.44(a) (part).) | ||
Art. 56B.153. PAYMENT FOR PECUNIARY LOSS ACCRUED AFTER TIME | ||
OF AWARD. (a) Except as provided by Subsection (b), the attorney | ||
general shall pay in installments the part of an award for allowable | ||
expenses that accrue after the award is made. | ||
(b) At the request of the claimant or victim, the attorney | ||
general may pay in a lump sum an award for future pecuniary loss if | ||
the attorney general finds that: | ||
(1) paying the award in a lump sum will promote the | ||
interests of the claimant or victim; or | ||
(2) the present value of all future pecuniary loss | ||
does not exceed $1,000. | ||
(c) The attorney general may not pay in installments an | ||
award for future pecuniary loss for a period for which the attorney | ||
general cannot reasonably determine the future pecuniary loss. | ||
(Code Crim. Proc., Arts. 56.44(a) (part), (b), (c).) | ||
Art. 56B.154. RECIPIENT OF PAYMENT. The attorney general | ||
may make payments only to an individual who is a claimant or a | ||
victim or to a provider on the individual's behalf. (Code Crim. | ||
Proc., Art. 56.44(d).) | ||
SUBCHAPTER E. GENERAL PROVISIONS RELATING TO PAYMENT | ||
Art. 56B.201. ADJUSTMENT OF AWARDS AND PAYMENTS. (a) The | ||
attorney general shall establish a policy to adjust awards and | ||
payments so that the total amount of awards granted in each calendar | ||
year does not exceed the amount of money credited to the | ||
compensation to victims of crime fund during that year. | ||
(b) On the establishment of a policy under Subsection (a), | ||
the attorney general, the claimant, or the victim is not liable for | ||
the amount of incurred charges exceeding the adjusted amount for | ||
the service on which the adjusted payment is determined. | ||
(c) A service provider who accepts a payment that has been | ||
adjusted by a policy established under Subsection (a) agrees to | ||
accept the adjusted payment as payment in full for the service and | ||
is barred from legal action against the claimant or victim for | ||
collection. (Code Crim. Proc., Arts. 56.34(e), 56.58.) | ||
Art. 56B.202. SUBROGATION. If compensation is awarded | ||
under this chapter, the state is subrogated to all the claimant's or | ||
victim's rights to receive or recover benefits for pecuniary loss | ||
to the extent compensation is awarded from a collateral source. | ||
(Code Crim. Proc., Art. 56.51.) | ||
Art. 56B.203. AWARD NOT SUBJECT TO EXECUTION. (a) Except | ||
as provided by Subsection (b), an award is not subject to execution, | ||
attachment, garnishment, or other process. | ||
(b) An award is not exempt from a claim of a creditor to the | ||
extent that the creditor provided a product, service, or | ||
accommodation, the cost of which is included in the award. (Code | ||
Crim. Proc., Art. 56.49(a).) | ||
Art. 56B.204. ASSIGNMENT OF BENEFITS FOR LOSS ACCRUING IN | ||
FUTURE. (a) Except as provided by Subsections (b) and (c), an | ||
assignment of or agreement to assign a right to benefits for loss | ||
accruing in the future is unenforceable. | ||
(b) An assignment of a right to benefits for loss of | ||
earnings is enforceable to secure payment of alimony, maintenance, | ||
or child support. | ||
(c) An assignment of a right to benefits is enforceable to | ||
the extent that the benefits are for the cost of a product, service, | ||
or accommodation: | ||
(1) made necessary by the injury or death on which the | ||
claim is based; and | ||
(2) provided or to be provided by the assignee. (Code | ||
Crim. Proc., Art. 56.49(b).) | ||
SUBCHAPTER F. PAYMENTS FOR CERTAIN DISABLED PEACE OFFICERS | ||
Art. 56B.251. DEFINITION. In this subchapter, "peace | ||
officer" means an individual elected, appointed, or employed to | ||
serve as a peace officer for a governmental entity under Article | ||
2.12 or other law. The term includes a former peace officer who is | ||
entitled to receive payments under this subchapter because of an | ||
injury suffered while performing duties as a peace officer. (Code | ||
Crim. Proc., Art. 56.542(a).) | ||
Art. 56B.252. APPLICABILITY. This subchapter applies only | ||
to a peace officer who is employed by this state or a local | ||
governmental entity in this state and who sustains an injury in the | ||
performance of the officer's duties as a peace officer as a result | ||
of criminally injurious conduct on or after September 1, 1989. | ||
(Code Crim. Proc., Art. 56.542(b) (part).) | ||
Art. 56B.253. PAYMENT ENTITLEMENT. A peace officer to whom | ||
this subchapter applies is entitled to an annual payment in the | ||
amount described by Article 56B.254 if the officer presents | ||
evidence satisfactory to the attorney general that: | ||
(1) the officer's condition is a total disability | ||
resulting in permanent incapacity for work; and | ||
(2) the total disability has persisted for more than | ||
12 months. (Code Crim. Proc., Art. 56.542(b) (part).) | ||
Art. 56B.254. AMOUNT OF PAYMENT. The amount of an annual | ||
payment under this subchapter is equal to the difference between: | ||
(1) any amount received by the peace officer for the | ||
injury or disability from another source of income, including | ||
settlements related to the injury or disability, insurance | ||
benefits, federal disability benefits, workers' compensation | ||
benefits, and benefits from another governmental entity, if those | ||
amounts do not exceed the amount described by Subdivision (2); and | ||
(2) an amount equal to the officer's average annual | ||
salary during the officer's final three years as a peace officer. | ||
(Code Crim. Proc., Art. 56.542(b) (part).) | ||
Art. 56B.255. METHOD OF PAYMENT. A peace officer who is | ||
entitled to an annual payment under Article 56B.253 may elect to | ||
receive the payment in: | ||
(1) a single payment paid each year; or | ||
(2) equal monthly installments. (Code Crim. Proc., | ||
Art. 56.542(l).) | ||
Art. 56B.256. COST-OF-LIVING ADJUSTMENT. (a) The amount | ||
of a payment under Article 56B.254 is subject to an annual | ||
cost-of-living adjustment calculated by the attorney general. | ||
(b) The attorney general shall calculate the amount of the | ||
cost-of-living adjustment by multiplying the amount of the annual | ||
payment received by the peace officer under this subchapter during | ||
the preceding year by the percentage by which the Consumer Price | ||
Index for All Urban Consumers published by the Bureau of Labor | ||
Statistics of the United States Department of Labor, or its | ||
successor index, increased during the preceding calendar year. | ||
(Code Crim. Proc., Art. 56.542(c).) | ||
Art. 56B.257. CALCULATION OF INITIAL PAYMENT. The attorney | ||
general shall calculate the amount of an initial payment based on an | ||
injury suffered after September 1, 1989, by: | ||
(1) calculating the amount to which the peace officer | ||
is entitled under Article 56B.254; and | ||
(2) adding to that amount the cumulative successive | ||
cost-of-living adjustments for the intervening years calculated | ||
from the date of the injury. (Code Crim. Proc., Art. 56.542(d).) | ||
Art. 56B.258. PROOF REQUIRED FOR PAYMENT. To receive a | ||
payment under this subchapter, a peace officer must provide to the | ||
attorney general: | ||
(1) proof that the injury: | ||
(A) was sustained in the performance of the | ||
applicant's duties as a peace officer; and | ||
(B) is a total disability resulting in permanent | ||
incapacity for work; and | ||
(2) any other information or evidence the attorney | ||
general requires. (Code Crim. Proc., Art. 56.542(e).) | ||
Art. 56B.259. HEARING. The attorney general may approve | ||
the application without a hearing or may conduct a hearing under | ||
Article 56B.056. (Code Crim. Proc., Art. 56.542(f) (part).) | ||
Art. 56B.260. JUDICIAL REVIEW. The decision of the | ||
attorney general is subject to judicial review under Subchapter H. | ||
(Code Crim. Proc., Art. 56.542(f) (part).) | ||
Art. 56B.261. PERIODIC REVIEW. The attorney general may | ||
appoint a panel of physicians to periodically review each | ||
application for assistance under this subchapter to ensure the | ||
validity of the application and the necessity of continued | ||
assistance to the peace officer. (Code Crim. Proc., Art. | ||
56.542(g).) | ||
Art. 56B.262. ISSUANCE OF WARRANT FOR PAYMENT. (a) The | ||
attorney general shall notify the comptroller of the attorney | ||
general's determination that a claim under this subchapter is valid | ||
and justifies payment. On receipt of the notice, the comptroller | ||
shall issue a warrant to or on behalf of the peace officer in the | ||
proper amount from amounts in the compensation to victims of crime | ||
fund. A payment under this subchapter to or on behalf of a peace | ||
officer is payable as soon as possible after the attorney general | ||
notifies the comptroller. | ||
(b) The attorney general and the comptroller by rule shall | ||
adopt a memorandum of understanding to establish procedures under | ||
which annual payments continue to a peace officer until continued | ||
assistance is no longer necessary. (Code Crim. Proc., Arts. | ||
56.542(h), (i).) | ||
Art. 56B.263. LIMITS ON COMPENSATION. The total aggregate | ||
amount of all annual payments made to an individual peace officer | ||
under this subchapter may not exceed $200,000. The limits on | ||
compensation imposed by Article 56B.106 do not apply to payments | ||
made under this subchapter. (Code Crim. Proc., Art. 56.542(k).) | ||
Art. 56B.264. APPLICATION OF OTHER LAW. (a) Article | ||
56B.052 does not apply to the filing of an application under this | ||
subchapter. | ||
(b) Other provisions of this chapter apply to this | ||
subchapter to the extent applicable and consistent with this | ||
subchapter. (Code Crim. Proc., Art. 56.542(j).) | ||
SUBCHAPTER G. ATTORNEY'S FEES | ||
Art. 56B.301. AWARD OF ATTORNEY'S FEES. (a) As part of an | ||
order, the attorney general shall determine and award reasonable | ||
attorney's fees commensurate with legal services rendered, to be | ||
paid by the state to the attorney representing the claimant or | ||
victim. | ||
(b) Attorney's fees may be denied on a finding that the | ||
claim or appeal is frivolous. | ||
(c) An award of attorney's fees is in addition to an award of | ||
compensation. | ||
(d) Attorney's fees may not be paid to an attorney of a | ||
claimant or victim unless an award is made to the claimant or | ||
victim. (Code Crim. Proc., Arts. 56.43(a) (part), (b), (c), (e).) | ||
Art. 56B.302. AMOUNT OF ATTORNEY'S FEES. (a) Attorney's | ||
fees may not exceed 25 percent of the amount of the award the | ||
attorney assisted the claimant or victim in obtaining. | ||
(b) If there is no dispute of the attorney general's | ||
determination of the amount due to the claimant or victim and a | ||
hearing is not held, the attorney's fee shall be the lesser of: | ||
(1) 25 percent of the amount the attorney assisted the | ||
claimant or victim in obtaining; or | ||
(2) $300. | ||
(c) An attorney may not contract for or receive an amount | ||
that exceeds the amount allowed under this article. (Code Crim. | ||
Proc., Arts. 56.43(a) (part), (d).) | ||
SUBCHAPTER H. JUDICIAL REVIEW | ||
Art. 56B.351. NOTICE OF DISSATISFACTION. Not later than | ||
the 40th day after the date the attorney general renders a final | ||
decision, a claimant or victim may file with the attorney general a | ||
notice of dissatisfaction with the decision. (Code Crim. Proc., | ||
Art. 56.48(a) (part).) | ||
Art. 56B.352. SUIT; VENUE. Not later than the 40th day | ||
after the date the claimant or victim gives notice of | ||
dissatisfaction under Article 56B.351, the claimant or victim must | ||
bring suit in: | ||
(1) the district court having jurisdiction in the | ||
county in which: | ||
(A) the injury or death occurred; or | ||
(B) the victim resided at the time of the injury | ||
or death; or | ||
(2) if the victim resided out of state at the time of | ||
the injury or death: | ||
(A) the district court having jurisdiction in the | ||
county in which the injury or death occurred; or | ||
(B) a district court in Travis County. (Code | ||
Crim. Proc., Art. 56.48(a) (part).) | ||
Art. 56B.353. RESTRICTIONS ON ATTORNEY GENERAL DURING | ||
JUDICIAL REVIEW. While judicial review of a decision by the | ||
attorney general is pending, the attorney general: | ||
(1) shall suspend payments to the claimant or victim; | ||
and | ||
(2) may not reconsider the award. (Code Crim. Proc., | ||
Art. 56.48(b).) | ||
Art. 56B.354. STANDARD OF REVIEW. The court shall | ||
determine the issues by trial de novo. (Code Crim. Proc., Art. | ||
56.48(c) (part).) | ||
Art. 56B.355. BURDEN OF PROOF. The burden of proof is on | ||
the claimant or victim filing the notice of dissatisfaction. (Code | ||
Crim. Proc., Art. 56.48(c) (part).) | ||
Art. 56B.356. ATTORNEY'S FEES. In the event of judicial | ||
review, a court may award as attorney's fees an amount not to exceed | ||
25 percent of the total recovery by the claimant or victim. (Code | ||
Crim. Proc., Art. 56.48(d).) | ||
Art. 56B.357. CALCULATION OF TIME. In calculating a period | ||
under Article 56B.351 or 56B.352, if the last day is a legal holiday | ||
or Sunday, the last day is not counted, and the time is extended to | ||
include the next business day. (Code Crim. Proc., Art. 56.48(e).) | ||
SUBCHAPTER I. PRIVATE ACTION | ||
Art. 56B.401. NOTICE OF PROPOSED PRIVATE ACTION. Before a | ||
claimant or victim may bring an action to recover damages related to | ||
criminally injurious conduct for which compensation under this | ||
chapter is claimed or awarded, the claimant or victim must give the | ||
attorney general written notice of the proposed action. (Code | ||
Crim. Proc., Art. 56.52(a) (part).) | ||
Art. 56B.402. RECEIPT OF NOTICE. After receiving notice | ||
under Article 56B.401, the attorney general shall promptly: | ||
(1) join in the action as a party plaintiff to recover | ||
benefits awarded; | ||
(2) require the claimant or victim to bring the action | ||
in the claimant's or victim's name as a trustee on behalf of the | ||
state to recover benefits awarded; or | ||
(3) reserve the attorney general's rights and take | ||
neither action described by Subdivision (1) or (2). (Code Crim. | ||
Proc., Art. 56.52(a) (part).) | ||
Art. 56B.403. DEDUCTION FOR REASONABLE EXPENSES. (a) A | ||
claimant or victim who brings an action as a trustee as described by | ||
Article 56B.402(2) and recovers compensation awarded by the | ||
attorney general may deduct from the benefits recovered on behalf | ||
of the state the reasonable expenses of the suit, including | ||
attorney's fees, expended in pursuing the recovery for the state. | ||
(b) The claimant or victim must justify a deduction under | ||
Subsection (a) to the attorney general in writing on a form provided | ||
by the attorney general. (Code Crim. Proc., Art. 56.52(b).) | ||
Art. 56B.404. LIMITATIONS ON RESOLUTION OF ACTION. (a) A | ||
claimant or victim may not settle or otherwise resolve any such | ||
action without the attorney general's written authorization. | ||
(b) A third party or agent, insurer, or attorney of a third | ||
party may not participate in the settlement or other resolution of | ||
such an action if the third party, agent, insurer, or attorney | ||
actually knows, or should know, that the claimant or victim has | ||
received money from the compensation to victims of crime fund and is | ||
subject to the subrogation provisions of this subchapter. | ||
(c) Any attempt by a third party or agent, insurer, or | ||
attorney of a third party to settle an action is void and does not | ||
result in a release from liability to the compensation to victims of | ||
crime fund for any rights subrogated under this subchapter. | ||
(d) An agent, insurer, or attorney described by this article | ||
is personally liable to the compensation to victims of crime fund | ||
for any money paid to a claimant or victim in violation of this | ||
article, in an amount not to exceed the full amount of the fund's | ||
right to reimbursement. (Code Crim. Proc., Art. 56.52(c) (part).) | ||
Art. 56B.405. CRIMINAL PENALTY. (a) A claimant, victim, or | ||
third party, or an agent, insurer, or attorney of a third party, | ||
commits an offense if the person knowingly fails to comply with the | ||
requirements of this chapter, Chapter 56A, or Subchapter B, Chapter | ||
58. | ||
(b) An offense under Subsection (a) is a Class B | ||
misdemeanor, except that any fine imposed may not exceed $500. | ||
(Code Crim. Proc., Arts. 56.52(c) (part), (d).) | ||
SUBCHAPTER J. FUNDS | ||
Art. 56B.451. DEFINITION. In this subchapter, "fund" means | ||
the compensation to victims of crime fund. (New.) | ||
Art. 56B.452. ESTABLISHMENT. (a) The compensation to | ||
victims of crime fund is in the state treasury. | ||
(b) Section 403.095, Government Code, does not apply to the | ||
fund. (Code Crim. Proc., Arts. 56.54(a), (g) (part).) | ||
Art. 56B.453. USE OF MONEY. (a) Money in the fund may be | ||
used only as provided by this chapter and is not available for any | ||
other purpose. | ||
(b) Except as provided by Subsection (d) and Articles | ||
56B.455, 56B.458, 56B.459, and 56B.460, the fund may be used only by | ||
the attorney general to pay compensation to claimants or victims | ||
under this chapter. | ||
(c) For purposes of Subsection (b), compensation to | ||
claimants or victims includes money allocated from the fund to the | ||
Crime Victims' Institute created by Section 96.65, Education Code, | ||
for the operation of the institute and for other expenses in | ||
administering this chapter. The institute shall use money | ||
allocated from the fund only for the purposes of Sections 96.65, | ||
96.651, and 96.652, Education Code. | ||
(d) The attorney general may use the fund to: | ||
(1) reimburse a law enforcement agency for the | ||
reasonable costs of a forensic medical examination that are | ||
incurred by the agency under Subchapter F or G, Chapter 56A; and | ||
(2) make a payment to or on behalf of an individual for | ||
the reasonable costs incurred for medical care provided under | ||
Subchapter F or G, Chapter 56A, in accordance with Section 323.004, | ||
Health and Safety Code. (Code Crim. Proc., Arts. 56.54(b), (g) | ||
(part), (k).) | ||
Art. 56B.454. LIMITATIONS ON PAYMENTS. (a) The attorney | ||
general may not make compensation payments that exceed the amount | ||
of money available in the fund. | ||
(b) General revenue funds may not be used for payments under | ||
this chapter. (Code Crim. Proc., Arts. 56.54(d), (e).) | ||
Art. 56B.455. AMOUNT CARRIED FORWARD. An amount of money | ||
deposited to the credit of the fund not to exceed one-quarter of the | ||
amount disbursed from that fund in the form of compensation | ||
payments during a state fiscal year shall be carried forward into | ||
the next succeeding state fiscal year and applied toward the amount | ||
listed in that fiscal year's method of financing. (Code Crim. | ||
Proc., Art. 56.54(h).) | ||
Art. 56B.456. TRANSFER OF MONEY FROM AUXILIARY FUND. (a) | ||
Not later than September 15 of each year, the attorney general, | ||
after consulting with the comptroller, shall certify the amount of | ||
money remaining in the compensation to victims of crime auxiliary | ||
fund at the end of the preceding state fiscal year. | ||
(b) If the amount remaining in the compensation to victims | ||
of crime auxiliary fund as certified under Subsection (a) exceeds | ||
$5 million, as soon as practicable after the date of certification, | ||
the attorney general may transfer to the fund an amount that is not | ||
more than 50 percent of the excess amount in the auxiliary fund. | ||
Money transferred under this subsection may be used only to make | ||
compensation payments during the state fiscal year in which the | ||
amount is transferred. (Code Crim. Proc., Art. 56.54(m).) | ||
Art. 56B.457. GIFTS, GRANTS, AND DONATIONS. (a) The | ||
attorney general may accept gifts, grants, and donations to be | ||
credited to the fund. | ||
(b) The attorney general shall file annually with the | ||
governor and the presiding officer of each house of the legislature | ||
a complete and detailed written report accounting for all gifts, | ||
grants, and donations received and disbursed, used, or maintained | ||
by the attorney general that are credited to the fund. (Code Crim. | ||
Proc., Art. 56.54(f).) | ||
Art. 56B.458. EMERGENCY RESERVE. (a) If the amount | ||
available in the fund is sufficient in a state fiscal year to make | ||
all compensation payments, the attorney general may retain any | ||
portion of the fund that was deposited during the fiscal year that | ||
exceeded compensation payments made during that fiscal year as an | ||
emergency reserve for the next fiscal year. The emergency reserve | ||
may not exceed $10,000,000. | ||
(b) The emergency reserve may be used only: | ||
(1) to make compensation awards in claims; and | ||
(2) to provide emergency relief and assistance, | ||
including crisis intervention, emergency housing, travel, food, or | ||
expenses and technical assistance expenses incurred in | ||
implementing this article in incidents resulting from an act of | ||
mass violence or from an act of international terrorism as defined | ||
by 18 U.S.C. Section 2331, occurring in this state or for Texas | ||
residents injured or killed in an act of terrorism outside of the | ||
United States. (Code Crim. Proc., Art. 56.54(i).) | ||
Art. 56B.459. APPROPRIATION FOR ASSOCIATE JUDGE PROGRAM. | ||
The legislature may appropriate money in the fund to administer the | ||
associate judge program under Subchapter C, Chapter 201, Family | ||
Code. (Code Crim. Proc., Art. 56.54(j).) | ||
Art. 56B.460. APPROPRIATION FOR OTHER CRIME VICTIM | ||
ASSISTANCE. (a) Not later than December 15 of each even-numbered | ||
year, the attorney general, after consulting with the comptroller, | ||
shall prepare forecasts and certify estimates of: | ||
(1) the amount of money in the fund that the attorney | ||
general anticipates will remain unexpended at the end of the | ||
current state fiscal year and that is available for appropriation | ||
in the next state fiscal biennium; | ||
(2) the amount of money that the attorney general | ||
anticipates will be received from deposits made to the credit of the | ||
fund during the next state fiscal biennium, other than deposits of: | ||
(A) gifts, grants, and donations; and | ||
(B) money received from the United States; and | ||
(3) the amount of money from the fund that the attorney | ||
general anticipates will be obligated during the next state fiscal | ||
biennium to comply with this chapter, Chapter 56A, and Subchapter | ||
B, Chapter 58. | ||
(b) At the time the attorney general certifies the estimates | ||
made under Subsection (a), the attorney general shall also certify | ||
for the next state fiscal biennium the amount of excess money in the | ||
fund available for the purposes of Subsection (c), calculated by | ||
multiplying the amount estimated under Subsection (a)(3) by 105 | ||
percent and subtracting that product from the sum of the amounts | ||
estimated under Subsections (a)(1) and (2). | ||
(c) For a state fiscal biennium, the legislature may | ||
appropriate from the fund the amount of excess money in the fund | ||
certified for the biennium under Subsection (b) to state agencies | ||
that deliver or fund victim-related services or assistance. | ||
(d) The attorney general and the comptroller shall | ||
cooperate in determining the proper allocation of the various | ||
sources of revenue deposited to the credit of the fund for purposes | ||
of this article. | ||
(e) The attorney general may use money appropriated from the | ||
fund for grants or contracts supporting victim-related services or | ||
assistance, including support for private Texas nonprofit | ||
corporations that provide victim-related civil legal services | ||
directly to victims, immediate family members of victims, or | ||
claimants. A grant supporting victim-related services or | ||
assistance is governed by Chapter 783, Government Code. | ||
(f) The attorney general shall adopt rules necessary to | ||
implement this article. (Code Crim. Proc., Art. 56.541.) | ||
Art. 56B.461. USE OF AUXILIARY FUND. As appropriated by the | ||
legislature, the attorney general may use the compensation to | ||
victims of crime auxiliary fund to cover costs incurred by the | ||
attorney general in administering the address confidentiality | ||
program established under Subchapter B, Chapter 58. (Code Crim. | ||
Proc., Art. 56.54(l).) | ||
Art. 56B.462. PAYERS OF LAST RESORT. The fund and the | ||
compensation to victims of crime auxiliary fund are the payers of | ||
last resort. (Code Crim. Proc., Art. 56.34(f).) | ||
SUBCHAPTER K. ADMINISTRATIVE PENALTY | ||
Art. 56B.501. CONDUCT SUBJECT TO PENALTY; AMOUNT OF | ||
PENALTY. (a) A person who presents to the attorney general, or | ||
engages in conduct that results in the presentation to the attorney | ||
general of, an application for compensation under this chapter that | ||
contains a statement or representation the person knows to be false | ||
is liable to the attorney general for: | ||
(1) the amount paid in reliance on the application, | ||
plus interest on that amount determined at the rate provided by law | ||
for legal judgments and accruing from the date on which the payment | ||
was made; | ||
(2) payment of an administrative penalty in an amount | ||
not to exceed twice the amount paid as a result of the false | ||
application for benefits or claim for pecuniary loss; and | ||
(3) payment of an administrative penalty in an amount | ||
not to exceed $10,000 for each item or service for which payment was | ||
claimed. | ||
(b) In determining the amount of the penalty to be assessed | ||
under Subsection (a)(3), the attorney general shall consider: | ||
(1) the seriousness of the violation; | ||
(2) whether the person has previously submitted a | ||
false application for benefits or a claim for pecuniary loss; and | ||
(3) the amount necessary to deter the person from | ||
submitting future false applications for benefits or claims for | ||
pecuniary loss. (Code Crim. Proc., Arts. 56.64(a), (b).) | ||
Art. 56B.502. REPORT AND NOTICE OF VIOLATION AND PENALTY. | ||
(a) On determining that a violation has occurred, the attorney | ||
general may issue a report stating: | ||
(1) the facts on which the determination is made; and | ||
(2) the attorney general's recommendation on the | ||
imposition of an administrative penalty, including a | ||
recommendation on the amount of the penalty. | ||
(b) The attorney general shall give written notice of the | ||
report to the person described by Article 56B.501. The notice may | ||
be given by certified mail and must: | ||
(1) include a brief summary of the alleged violation; | ||
(2) state the amount of the recommended penalty; and | ||
(3) inform the person of the right to a hearing on the | ||
occurrence of the violation, the amount of the penalty, or both. | ||
(Code Crim. Proc., Arts. 56.64(c), (d).) | ||
Art. 56B.503. PENALTY TO BE PAID OR HEARING REQUESTED. (a) | ||
Not later than the 20th day after the date the person receives the | ||
notice, the person in writing may: | ||
(1) accept the attorney general's determination and | ||
recommended administrative penalty; or | ||
(2) request a hearing on the occurrence of the | ||
violation, the amount of the penalty, or both. | ||
(b) If the person accepts the attorney general's | ||
determination and recommended penalty, the attorney general by | ||
order shall approve the determination and impose the recommended | ||
penalty. (Code Crim. Proc., Arts. 56.64(e), (f).) | ||
Art. 56B.504. HEARING. (a) If the person requests a | ||
hearing as provided by Article 56B.503(a) or fails to respond to the | ||
notice in a timely manner, the attorney general shall set a | ||
contested case hearing under Chapter 2001, Government Code, and | ||
notify the person of the hearing. | ||
(b) The administrative law judge shall make findings of fact | ||
and conclusions of law and promptly issue to the attorney general a | ||
proposal for a decision regarding the occurrence of the violation | ||
and the amount of a proposed administrative penalty. (Code Crim. | ||
Proc., Art. 56.64(g) (part).) | ||
Art. 56B.505. DECISION BY ATTORNEY GENERAL. (a) Based on | ||
the findings of fact, conclusions of law, and proposal for a | ||
decision, the attorney general by order may find that: | ||
(1) a violation occurred and impose an administrative | ||
penalty; or | ||
(2) a violation did not occur. | ||
(b) Notice of the attorney general's order given to the | ||
person under Chapter 2001, Government Code, must include a | ||
statement of the person's right to judicial review of the order. | ||
(Code Crim. Proc., Arts. 56.64(g) (part), (h).) | ||
Art. 56B.506. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. | ||
(a) Not later than the 30th day after the date the attorney | ||
general's order becomes final under Section 2001.144, Government | ||
Code, the person shall: | ||
(1) pay the administrative penalty; | ||
(2) pay the penalty and file a petition for judicial | ||
review contesting the occurrence of the violation, the amount of | ||
the penalty, or both; or | ||
(3) without paying the penalty, file a petition for | ||
judicial review contesting the occurrence of the violation, the | ||
amount of the penalty, or both. | ||
(b) Within the 30-day period, a person who acts under | ||
Subsection (a)(3) may: | ||
(1) stay enforcement of the penalty by: | ||
(A) paying the penalty to the court for placement | ||
in an escrow account; or | ||
(B) giving to the court a supersedeas bond that | ||
is approved by the court and that is: | ||
(i) for the amount of the penalty; and | ||
(ii) effective until judicial review of the | ||
attorney general's order is final; or | ||
(2) request the court to stay enforcement of the | ||
penalty by: | ||
(A) filing with the court a sworn affidavit of | ||
the person stating that the person is financially unable to pay the | ||
penalty or give the supersedeas bond; and | ||
(B) delivering a copy of the affidavit to the | ||
attorney general by certified mail. | ||
(c) On receipt by the attorney general of a copy of an | ||
affidavit under Subsection (b)(2), the attorney general may file | ||
with the court a contest to the affidavit not later than the fifth | ||
day after the date the copy is received. | ||
(d) The court shall hold a hearing on the facts alleged in | ||
the affidavit as soon as practicable and shall stay the enforcement | ||
of the penalty on finding that the alleged facts are true. A person | ||
who files an affidavit under Subsection (b)(2) has the burden of | ||
proving that the person is financially unable to pay the penalty or | ||
give a supersedeas bond. (Code Crim. Proc., Arts. 56.64(i), (j), | ||
(k).) | ||
Art. 56B.507. COLLECTION OF PENALTY. If the person does not | ||
pay the administrative penalty and the enforcement of the penalty | ||
is not stayed, the attorney general may file suit to collect the | ||
penalty. (Code Crim. Proc., Art. 56.64(l).) | ||
Art. 56B.508. DECISION BY COURT. (a) If the court sustains | ||
the finding that a violation occurred, the court may order the | ||
person to pay the full or a reduced administrative penalty. | ||
(b) If the court does not sustain the finding that a | ||
violation occurred, the court shall order that a penalty is not | ||
owed. (Code Crim. Proc., Art. 56.64(n).) | ||
Art. 56B.509. REMITTANCE OF PENALTY AND INTEREST. (a) If | ||
the person paid the administrative penalty and the amount is | ||
reduced or is not upheld by the court, the court shall order that | ||
the appropriate amount plus accrued interest be remitted to the | ||
person. | ||
(b) The interest accrues at the rate charged on loans to | ||
depository institutions by the New York Federal Reserve Bank. The | ||
interest shall be paid for the period beginning on the date the | ||
penalty was paid and ending on the date the penalty is remitted. | ||
(Code Crim. Proc., Art. 56.64(o) (part).) | ||
Art. 56B.510. RELEASE OF BOND. (a) If the person gave a | ||
supersedeas bond and the administrative penalty is not upheld by | ||
the court, the court shall order the release of the bond. | ||
(b) If the person gave a supersedeas bond and the amount of | ||
the penalty is reduced, the court shall order the release of the | ||
bond after the person pays the amount. (Code Crim. Proc., Art. | ||
56.64(o) (part).) | ||
Art. 56B.511. DISPOSITION OF PENALTY. An administrative | ||
penalty collected under this subchapter shall be sent to the | ||
comptroller and deposited to the credit of the compensation to | ||
victims of crime fund. (Code Crim. Proc., Art. 56.64(p).) | ||
Art. 56B.512. RECOVERY OF EXPENSES. In addition to the | ||
administrative penalty authorized by this subchapter, the attorney | ||
general may recover all expenses incurred by the attorney general | ||
in the investigation, institution, and prosecution of the suit, | ||
including investigative costs, witness fees, attorney's fees, and | ||
deposition expenses. (Code Crim. Proc., Art. 56.64(r).) | ||
Art. 56B.513. ADMINISTRATIVE PROCEDURE. A proceeding under | ||
this subchapter is subject to Chapter 2001, Government Code. (Code | ||
Crim. Proc., Art. 56.64(q).) | ||
SUBCHAPTER L. OTHER PENALTIES AND SANCTIONS | ||
Art. 56B.551. LETTER OF REPRIMAND. (a) The attorney | ||
general may issue a letter of reprimand against an individual who | ||
the attorney general finds has filed or has caused to be filed under | ||
this chapter an application for benefits or claim for pecuniary | ||
loss that contains a statement or representation that the | ||
individual knows is false. | ||
(b) The attorney general must give the individual notice of | ||
the proposed action before issuing the letter. | ||
(c) An individual may challenge the denial of compensation | ||
and the issuance of a letter of reprimand in a contested case | ||
hearing under Chapter 2001, Government Code. | ||
(d) A letter of reprimand issued under this article is | ||
public information. (Code Crim. Proc., Art. 56.62.) | ||
Art. 56B.552. CIVIL PENALTY. (a) A person is subject to a | ||
civil penalty of not less than $2,500 or more than $25,000 for each | ||
application for compensation that: | ||
(1) is filed under this chapter by the person or as a | ||
result of the person's conduct; and | ||
(2) contains a material statement or representation | ||
that the person knows is false. | ||
(b) The attorney general shall institute and conduct a suit | ||
to collect on behalf of the state the civil penalty authorized by | ||
this article. | ||
(c) A civil penalty recovered under this article shall be | ||
deposited to the credit of the compensation to victims of crime | ||
fund. | ||
(d) The civil penalty authorized by this article is in | ||
addition to any other civil, administrative, or criminal penalty | ||
provided by law. | ||
(e) In addition to the civil penalty authorized by this | ||
article, the attorney general may recover expenses incurred by the | ||
attorney general in the investigation, institution, and | ||
prosecution of the suit, including investigative costs, witness | ||
fees, attorney's fees, and deposition expenses. (Code Crim. Proc., | ||
Art. 56.63.) | ||
SECTION 1.07. Title 1, Code of Criminal Procedure, is amended by adding Chapter 58 to read as follows: | ||
CHAPTER 58. CONFIDENTIALITY OF IDENTIFYING INFORMATION AND MEDICAL | ||
RECORDS OF CERTAIN CRIME VICTIMS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Art. 58.001. GENERAL DEFINITIONS | ||
SUBCHAPTER B. ADDRESS CONFIDENTIALITY PROGRAM FOR CERTAIN CRIME | ||
VICTIMS | ||
Art. 58.051. DEFINITIONS | ||
Art. 58.052. ADDRESS CONFIDENTIALITY PROGRAM | ||
Art. 58.053. AGENCY ACCEPTANCE OF SUBSTITUTE ADDRESS | ||
REQUIRED; EXEMPTIONS | ||
Art. 58.054. ELIGIBILITY | ||
Art. 58.055. APPLICATION | ||
Art. 58.056. APPLICATION AND ELIGIBILITY RULES AND | ||
PROCEDURES | ||
Art. 58.057. FALSE STATEMENT ON APPLICATION | ||
Art. 58.058. EXCLUSION FROM PARTICIPATION IN PROGRAM; | ||
WITHDRAWAL | ||
Art. 58.059. CERTIFICATION OF PARTICIPATION IN PROGRAM | ||
Art. 58.060. CONFIDENTIALITY OF PARTICIPANT | ||
INFORMATION; DESTRUCTION OF INFORMATION | ||
Art. 58.061. EXCEPTIONS | ||
Art. 58.062. LIABILITY | ||
SUBCHAPTER C. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF SEX | ||
OFFENSE VICTIMS | ||
Art. 58.101. DEFINITION | ||
Art. 58.102. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM | ||
Art. 58.103. VICTIM INFORMATION CONFIDENTIAL | ||
Art. 58.104. COURT-ORDERED DISCLOSURE OF VICTIM | ||
INFORMATION | ||
Art. 58.105. DISCLOSURE OF CERTAIN CHILD VICTIM | ||
INFORMATION PROHIBITED | ||
Art. 58.106. DISCLOSURE OF INFORMATION OF CONFINED | ||
VICTIM | ||
Art. 58.107. OFFENSE | ||
SUBCHAPTER D. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF | ||
VICTIMS OF STALKING | ||
Art. 58.151. DEFINITION | ||
Art. 58.152. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM | ||
Art. 58.153. VICTIM INFORMATION CONFIDENTIAL | ||
Art. 58.154. COURT-ORDERED DISCLOSURE OF VICTIM | ||
INFORMATION | ||
Art. 58.155. DISCLOSURE OF CERTAIN CHILD VICTIM | ||
INFORMATION PROHIBITED | ||
Art. 58.156. OFFENSE | ||
Art. 58.157. EFFECT ON OTHER LAW | ||
SUBCHAPTER E. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF | ||
VICTIMS OF FAMILY VIOLENCE | ||
Art. 58.201. DEFINITION | ||
Art. 58.202. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM | ||
Art. 58.203. VICTIM INFORMATION CONFIDENTIAL | ||
Art. 58.204. COURT-ORDERED DISCLOSURE OF VICTIM | ||
INFORMATION | ||
Art. 58.205. DISCLOSURE OF CERTAIN CHILD VICTIM | ||
INFORMATION PROHIBITED | ||
Art. 58.206. OFFENSE | ||
Art. 58.207. APPLICABILITY OF SUBCHAPTER TO DEPARTMENT | ||
OF FAMILY AND PROTECTIVE SERVICES | ||
Art. 58.208. APPLICABILITY OF SUBCHAPTER TO POLITICAL | ||
SUBDIVISIONS | ||
SUBCHAPTER F. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF | ||
VICTIMS OF TRAFFICKING OF PERSONS | ||
Art. 58.251. DEFINITION | ||
Art. 58.252. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM | ||
Art. 58.253. VICTIM INFORMATION CONFIDENTIAL | ||
Art. 58.254. COURT-ORDERED DISCLOSURE OF VICTIM | ||
INFORMATION | ||
Art. 58.255. DISCLOSURE OF CHILD VICTIM INFORMATION | ||
PROHIBITED | ||
Art. 58.256. OFFENSE | ||
SUBCHAPTER G. SEALING OF MEDICAL RECORDS OF CERTAIN CHILD VICTIMS | ||
Art. 58.301. DEFINITIONS | ||
Art. 58.302. SEALING OF MEDICAL RECORDS | ||
Art. 58.303. ACCESS TO SEALED MEDICAL RECORDS | ||
Art. 58.304. LIABILITY | ||
CHAPTER 58. CONFIDENTIALITY OF IDENTIFYING INFORMATION AND MEDICAL | ||
RECORDS OF CERTAIN CRIME VICTIMS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Art. 58.001. GENERAL DEFINITIONS. In this chapter: | ||
(1) "Name" means the legal name of a person. | ||
(2) "Pseudonym" means a set of initials or a | ||
fictitious name chosen by a victim to designate the victim in all | ||
public files and records concerning the offense, including police | ||
summary reports, press releases, and records of judicial | ||
proceedings. | ||
(3) "Public servant" has the meaning assigned by | ||
Section 1.07(a), Penal Code. (Code Crim. Proc., Arts. 57.01(1), | ||
(2), (3), 57A.01(1), (2), (3), 57B.01(1), (2), (3), 57D.01(1), (2), | ||
(3).) | ||
SUBCHAPTER B. ADDRESS CONFIDENTIALITY PROGRAM FOR CERTAIN CRIME | ||
VICTIMS | ||
Art. 58.051. DEFINITIONS. In this subchapter: | ||
(1) "Applicant" means a person who applies to | ||
participate in the program. | ||
(2) "Family violence" has the meaning assigned by | ||
Section 71.004, Family Code. | ||
(3) "Family violence shelter center" has the meaning | ||
assigned by Section 51.002, Human Resources Code. | ||
(4) "Household" has the meaning assigned by Section | ||
71.005, Family Code. | ||
(5) "Mail" means first class mail and any mail sent by | ||
a government agency. The term does not include a package, | ||
regardless of size or type of mailing. | ||
(6) "Participant" means an applicant who is certified | ||
for participation in the program. | ||
(7) "Program" means the address confidentiality | ||
program created under this subchapter. | ||
(8) "Sexual abuse" means any conduct that constitutes | ||
an offense under Section 21.02, 21.11, or 25.02, Penal Code. | ||
(9) "Sexual assault" means any conduct that | ||
constitutes an offense under Section 22.011 or 22.021, Penal Code. | ||
(10) "Stalking" means any conduct that constitutes an | ||
offense under Section 42.072, Penal Code. | ||
(11) "Trafficking of persons" means any conduct that: | ||
(A) constitutes an offense under Section 20A.02, | ||
20A.03, 43.03, 43.04, 43.05, 43.25, 43.251, or 43.26, Penal Code; | ||
and | ||
(B) results in a person: | ||
(i) engaging in forced labor or services; | ||
or | ||
(ii) otherwise becoming a victim of the | ||
offense. (Code Crim. Proc., Art. 56.81.) | ||
Art. 58.052. ADDRESS CONFIDENTIALITY PROGRAM. (a) The | ||
attorney general shall establish an address confidentiality | ||
program, as provided by this subchapter, to assist a victim of | ||
family violence, sexual assault or abuse, stalking, or trafficking | ||
of persons in maintaining a confidential address. | ||
(b) The attorney general shall: | ||
(1) designate a substitute post office box address | ||
that a participant may use in place of the participant's true | ||
residential, business, or school address; | ||
(2) act as agent to receive service of process and mail | ||
on behalf of the participant; and | ||
(3) forward to the participant mail received by the | ||
office of the attorney general on behalf of the participant. | ||
(c) A summons, writ, notice, demand, or process may be | ||
served on the attorney general on behalf of the participant by | ||
delivery of two copies of the document to the office of the attorney | ||
general. The attorney general shall retain a copy of the summons, | ||
writ, notice, demand, or process and forward the original to the | ||
participant not later than the third day after the date of service | ||
on the attorney general. | ||
(d) The attorney general shall make and retain a copy of the | ||
envelope in which certified mail is received on behalf of the | ||
participant. | ||
(e) The attorney general shall adopt rules to administer the | ||
program. (Code Crim. Proc., Arts. 56.82, 56.93.) | ||
Art. 58.053. AGENCY ACCEPTANCE OF SUBSTITUTE ADDRESS | ||
REQUIRED; EXEMPTIONS. (a) Except as provided by Subsection (b), a | ||
state or local agency must accept the substitute post office box | ||
address designated by the attorney general if the substitute | ||
address is presented to the agency by a participant in place of the | ||
participant's true residential, business, or school address. | ||
(b) The attorney general by rule may permit an agency to | ||
require a participant to provide the participant's true | ||
residential, business, or school address, if necessary for the | ||
agency to perform a duty or function that is imposed by law or | ||
administrative requirement. (Code Crim. Proc., Art. 56.89.) | ||
Art. 58.054. ELIGIBILITY. To be eligible to participate in | ||
the program: | ||
(1) an applicant must: | ||
(A) meet with a victim's assistance counselor | ||
from a state or local agency or other for-profit or nonprofit entity | ||
that is identified by the attorney general as an entity that | ||
provides shelter or civil legal services or counseling to victims | ||
of family violence, sexual assault or abuse, stalking, or | ||
trafficking of persons; | ||
(B) be protected under, or be filing an | ||
application on behalf of a victim who is the applicant's child or | ||
another person in the applicant's household and who is protected | ||
under: | ||
(i) a temporary injunction issued under | ||
Subchapter F, Chapter 6, Family Code; | ||
(ii) a temporary ex parte order issued | ||
under Chapter 83, Family Code; | ||
(iii) an order issued under Subchapter A or | ||
B, Chapter 7B, of this code or Chapter 85, Family Code; or | ||
(iv) a magistrate's order for emergency | ||
protection issued under Article 17.292; or | ||
(C) possess documentation of family violence, as | ||
identified by the rules adopted under Article 58.056, or of sexual | ||
assault or abuse or stalking, as described by Section 92.0161, | ||
Property Code; and | ||
(2) an applicant must: | ||
(A) file an application for participation with | ||
the attorney general or a state or local agency or other entity | ||
identified by the attorney general under Subdivision (1); | ||
(B) file an affirmation that the applicant has | ||
discussed safety planning with a victim's assistance counselor | ||
described by Subdivision (1)(A); | ||
(C) designate the attorney general as agent to | ||
receive service of process and mail on behalf of the applicant; and | ||
(D) live at a residential address, or relocate to | ||
a residential address, that is unknown to the person who committed | ||
or is alleged to have committed the family violence, sexual assault | ||
or abuse, stalking, or trafficking of persons. (Code Crim. Proc., | ||
Art. 56.83(a).) | ||
Art. 58.055. APPLICATION. (a) An application under | ||
Article 58.054(2)(A) must contain: | ||
(1) a signed, sworn statement by the applicant stating | ||
that the applicant fears for the safety of the applicant, the | ||
applicant's child, or another person in the applicant's household | ||
because of a threat of immediate or future harm caused by the person | ||
who committed or is alleged to have committed the family violence, | ||
sexual assault or abuse, stalking, or trafficking of persons; | ||
(2) the applicant's true residential address and, if | ||
applicable, the applicant's business and school addresses; and | ||
(3) a statement by the applicant of whether there is an | ||
existing court order or a pending court case for child support or | ||
child custody or visitation that involves the applicant, the | ||
applicant's child, or another person in the applicant's household | ||
and, if so, the name and address of: | ||
(A) the legal counsel of record; and | ||
(B) each parent involved in the court order or | ||
pending case. | ||
(b) An application under Article 58.054(2)(A) must be | ||
completed by the applicant in person at the state or local agency or | ||
other entity with which the application is filed. | ||
(c) A state or local agency or other entity with which an | ||
application is filed under Article 58.054(2)(A) shall forward the | ||
application to the office of the attorney general. | ||
(d) Any assistance or counseling provided by the attorney | ||
general or an employee or agent of the attorney general to an | ||
applicant does not constitute legal advice. | ||
(e) The attorney general shall make program information and | ||
application materials available online. (Code Crim. Proc., Arts. | ||
56.83(b), (c) (part), (d), (f), 56.92.) | ||
Art. 58.056. APPLICATION AND ELIGIBILITY RULES AND | ||
PROCEDURES. (a) The attorney general may establish procedures for | ||
requiring an applicant, in appropriate circumstances, to submit | ||
with the application under Article 58.054(2)(A) independent | ||
documentary evidence of family violence, sexual assault or abuse, | ||
stalking, or trafficking of persons in the form of: | ||
(1) an active or recently issued order described by | ||
Article 58.054(1)(B); | ||
(2) an incident report or other record maintained by a | ||
law enforcement agency or official; | ||
(3) a statement of a physician or other health care | ||
provider regarding the medical condition of the applicant, | ||
applicant's child, or other person in the applicant's household as a | ||
result of the family violence, sexual assault or abuse, stalking, | ||
or trafficking of persons; | ||
(4) a statement of a mental health professional, a | ||
member of the clergy, an attorney or other legal advocate, a trained | ||
staff member of a family violence center, or another professional | ||
who has assisted the applicant, applicant's child, or other person | ||
in the applicant's household in addressing the effects of the | ||
family violence, sexual assault or abuse, stalking, or trafficking | ||
of persons; or | ||
(5) any other independent documentary evidence | ||
necessary to show the applicant's eligibility to participate in the | ||
program. | ||
(b) The attorney general by rule may establish additional | ||
eligibility requirements for participation in the program that are | ||
consistent with the purpose of the program as stated in Article | ||
58.052(a). (Code Crim. Proc., Arts. 56.83(e), (e-1).) | ||
Art. 58.057. FALSE STATEMENT ON APPLICATION. (a) An | ||
applicant who knowingly or intentionally makes a false statement in | ||
an application under Article 58.054(2)(A) is subject to prosecution | ||
under Chapter 37, Penal Code. | ||
(b) An applicant is ineligible for, and a participant may be | ||
excluded from, participation in the program if the applicant or | ||
participant knowingly makes a false statement on an application | ||
filed under Article 58.054(2)(A). (Code Crim. Proc., Arts. | ||
56.83(c) (part), 56.86(a).) | ||
Art. 58.058. EXCLUSION FROM PARTICIPATION IN PROGRAM; | ||
WITHDRAWAL. (a) A participant may be excluded from participation | ||
in the program if: | ||
(1) mail forwarded to the participant by the attorney | ||
general is returned undeliverable on at least four occasions; | ||
(2) the participant changes the participant's true | ||
residential address as provided in the application filed under | ||
Article 58.054(2)(A) and does not notify the attorney general of | ||
the change at least 10 days before the date of the change; or | ||
(3) the participant changes the participant's name. | ||
(b) A participant may withdraw from the program by notifying | ||
the attorney general in writing of the withdrawal. (Code Crim. | ||
Proc., Arts. 56.86(b), 56.87.) | ||
Art. 58.059. CERTIFICATION OF PARTICIPATION IN PROGRAM. | ||
(a) The attorney general shall certify for participation in the | ||
program an applicant who satisfies the eligibility requirements | ||
under Articles 58.054 and 58.056(b). | ||
(b) A certification under this article expires on the third | ||
anniversary of the date of certification. | ||
(c) To renew a certification under this article, a | ||
participant must satisfy the eligibility requirements under | ||
Articles 58.054 and 58.056(b) as if the participant were originally | ||
applying for participation in the program. (Code Crim. Proc., | ||
Arts. 56.84, 56.85.) | ||
Art. 58.060. CONFIDENTIALITY OF PARTICIPANT INFORMATION; | ||
DESTRUCTION OF INFORMATION. (a) Information relating to a | ||
participant: | ||
(1) is confidential, except as provided by Article | ||
58.061; and | ||
(2) may not be disclosed under Chapter 552, Government | ||
Code. | ||
(b) Except as provided by Article 58.052(d), the attorney | ||
general may not make a copy of any mail received by the office of the | ||
attorney general on behalf of the participant. | ||
(c) The attorney general shall destroy all information | ||
relating to a participant on the third anniversary of the date the | ||
participant's participation in the program ends. (Code Crim. | ||
Proc., Art. 56.88.) | ||
Art. 58.061. EXCEPTIONS. (a) The attorney general shall | ||
disclose a participant's true residential, business, or school | ||
address if: | ||
(1) requested by: | ||
(A) a law enforcement agency for the purpose of | ||
conducting an investigation; | ||
(B) the Department of Family and Protective | ||
Services for the purpose of conducting a child protective services | ||
investigation under Chapter 261, Family Code; or | ||
(C) the Department of State Health Services or a | ||
local health authority for the purpose of making a notification | ||
described by Article 21.31 of this code, Section 54.033, Family | ||
Code, or Section 81.051, Health and Safety Code; or | ||
(2) required by court order. | ||
(b) The attorney general may disclose a participant's true | ||
residential, business, or school address if: | ||
(1) the participant consents to the disclosure; and | ||
(2) the disclosure is necessary to administer the | ||
program. | ||
(c) A person to whom a participant's true residential, | ||
business, or school address is disclosed under this article shall | ||
maintain the requested information in a manner that protects the | ||
confidentiality of the participant's true residential, business, | ||
or school address. (Code Crim. Proc., Art. 56.90.) | ||
Art. 58.062. LIABILITY. (a) The attorney general or an | ||
agent or employee of the attorney general is immune from liability | ||
for any act or omission by the agent or employee in administering | ||
the program if the agent or employee was acting in good faith and in | ||
the course and scope of assigned responsibilities and duties. | ||
(b) An agent or employee of the attorney general who does | ||
not act in good faith and in the course and scope of assigned | ||
responsibilities and duties in disclosing a participant's true | ||
residential, business, or school address is subject to prosecution | ||
under Chapter 39, Penal Code. (Code Crim. Proc., Art. 56.91.) | ||
SUBCHAPTER C. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF SEX | ||
OFFENSE VICTIMS | ||
Art. 58.101. DEFINITION. In this subchapter, "victim" | ||
means a person who was the subject of: | ||
(1) an offense the commission of which leads to a | ||
reportable conviction or adjudication under Chapter 62; or | ||
(2) an offense that is part of the same criminal | ||
episode, as defined by Section 3.01, Penal Code, as an offense | ||
described by Subdivision (1). (Code Crim. Proc., Art. 57.01(4).) | ||
Art. 58.102. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a) | ||
A victim may choose a pseudonym to be used instead of the victim's | ||
name to designate the victim in all public files and records | ||
concerning the offense, including police summary reports, press | ||
releases, and records of judicial proceedings. A victim who elects | ||
to use a pseudonym as provided by this subchapter must complete a | ||
pseudonym form developed under Subsection (b) and return the form | ||
to the law enforcement agency investigating the offense. | ||
(b) The Sexual Assault Prevention and Crisis Services | ||
Program of the office of the attorney general shall develop and | ||
distribute to all law enforcement agencies of the state a pseudonym | ||
form to record the name, address, telephone number, and pseudonym | ||
of a victim. (Code Crim. Proc., Arts. 57.02(a), (b).) | ||
Art. 58.103. VICTIM INFORMATION CONFIDENTIAL. (a) A | ||
victim who completes a pseudonym form and returns the form to the | ||
law enforcement agency investigating the offense may not be | ||
required to disclose the victim's name, address, and telephone | ||
number in connection with the investigation or prosecution of the | ||
offense. | ||
(b) A completed and returned pseudonym form is confidential | ||
and may not be disclosed to any person other than a defendant in the | ||
case or the defendant's attorney, except on an order of a court. | ||
The court finding required by Article 58.104 is not required to | ||
disclose the confidential pseudonym form to the defendant in the | ||
case or to the defendant's attorney. | ||
(c) If a victim completes a pseudonym form and returns the | ||
form to a law enforcement agency under Article 58.102(a), the law | ||
enforcement agency receiving the form shall: | ||
(1) remove the victim's name and substitute the | ||
pseudonym for the name on all reports, files, and records in the | ||
agency's possession; | ||
(2) notify the attorney representing the state of the | ||
pseudonym and that the victim has elected to be designated by the | ||
pseudonym; and | ||
(3) maintain the form in a manner that protects the | ||
confidentiality of the information contained on the form. | ||
(d) An attorney representing the state who receives notice | ||
that a victim has elected to be designated by a pseudonym shall | ||
ensure that the victim is designated by the pseudonym in all legal | ||
proceedings concerning the offense. (Code Crim. Proc., Arts. | ||
57.02(c), (d), (e), (f).) | ||
Art. 58.104. COURT-ORDERED DISCLOSURE OF VICTIM | ||
INFORMATION. A court may order the disclosure of a victim's name, | ||
address, and telephone number only if the court finds that the | ||
information is essential in the trial of the defendant for the | ||
offense or the identity of the victim is in issue. (Code Crim. | ||
Proc., Art. 57.02(g).) | ||
Art. 58.105. DISCLOSURE OF CERTAIN CHILD VICTIM INFORMATION | ||
PROHIBITED. Except as required or permitted by other law or by | ||
court order, a public servant or other person who has access to or | ||
obtains the name, address, telephone number, or other identifying | ||
information of a victim younger than 17 years of age may not release | ||
or disclose the identifying information to any person who is not | ||
assisting in the investigation, prosecution, or defense of the | ||
case. This article does not apply to the release or disclosure of a | ||
victim's identifying information by: | ||
(1) the victim; or | ||
(2) the victim's parent, conservator, or guardian, | ||
unless the parent, conservator, or guardian is a defendant in the | ||
case. (Code Crim. Proc., Art. 57.02(h).) | ||
Art. 58.106. DISCLOSURE OF INFORMATION OF CONFINED VICTIM. | ||
This subchapter does not prohibit the inspector general of the | ||
Texas Department of Criminal Justice from disclosing a victim's | ||
identifying information to an employee of the department or the | ||
department's ombudsperson if the victim is an inmate or state jail | ||
defendant confined in a facility operated by or under contract with | ||
the department. (Code Crim. Proc., Art. 57.02(i) as added Acts 80th | ||
Leg., R.S., Chs. 619, 1217.) | ||
Art. 58.107. OFFENSE. (a) A public servant commits an | ||
offense if the public servant: | ||
(1) has access to the name, address, or telephone | ||
number of a victim 17 years of age or older who has chosen a | ||
pseudonym under this subchapter; and | ||
(2) knowingly discloses the name, address, or | ||
telephone number of the victim to: | ||
(A) a person who is not assisting in the | ||
investigation or prosecution of the offense; or | ||
(B) a person other than: | ||
(i) the defendant; | ||
(ii) the defendant's attorney; or | ||
(iii) the person specified in the order of a | ||
court. | ||
(b) Unless the disclosure is required or permitted by other | ||
law, a public servant or other person commits an offense if the | ||
person: | ||
(1) has access to or obtains the name, address, or | ||
telephone number of a victim younger than 17 years of age; and | ||
(2) knowingly discloses the name, address, or | ||
telephone number of the victim to: | ||
(A) a person who is not assisting in the | ||
investigation or prosecution of the offense; or | ||
(B) a person other than: | ||
(i) the defendant; | ||
(ii) the defendant's attorney; or | ||
(iii) a person specified in an order of a | ||
court. | ||
(c) It is an affirmative defense to prosecution under | ||
Subsection (b) that the actor is: | ||
(1) the victim; or | ||
(2) the victim's parent, conservator, or guardian, | ||
unless the actor is a defendant in the case. | ||
(d) It is an exception to the application of this article | ||
that: | ||
(1) the person who discloses the name, address, or | ||
telephone number of a victim is the inspector general of the Texas | ||
Department of Criminal Justice; | ||
(2) the victim is an inmate or state jail defendant | ||
confined in a facility operated by or under contract with the | ||
department; and | ||
(3) the person to whom the disclosure is made is an | ||
employee of the department or the department's ombudsperson. | ||
(e) An offense under this article is a Class C misdemeanor. | ||
(Code Crim. Proc., Art. 57.03.) | ||
SUBCHAPTER D. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF | ||
VICTIMS OF STALKING | ||
Art. 58.151. DEFINITION. In this subchapter, "victim" | ||
means a person who is the subject of: | ||
(1) an offense that allegedly constitutes stalking | ||
under Section 42.072, Penal Code; or | ||
(2) an offense that is part of the same criminal | ||
episode, as defined by Section 3.01, Penal Code, as an offense under | ||
Section 42.072, Penal Code. (Code Crim. Proc., Art. 57A.01(4).) | ||
Art. 58.152. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a) | ||
A victim may choose a pseudonym to be used instead of the victim's | ||
name to designate the victim in all public files and records | ||
concerning the offense, including police summary reports, press | ||
releases, and records of judicial proceedings. A victim who elects | ||
to use a pseudonym as provided by this subchapter must complete a | ||
pseudonym form developed under Subsection (b) and return the form | ||
to the law enforcement agency investigating the offense. | ||
(b) The office of the attorney general shall develop and | ||
distribute to all law enforcement agencies of the state a pseudonym | ||
form to record the name, address, telephone number, and pseudonym | ||
of a victim. (Code Crim. Proc., Arts. 57A.02(a), (b).) | ||
Art. 58.153. VICTIM INFORMATION CONFIDENTIAL. (a) A | ||
victim who completes a pseudonym form and returns the form to the | ||
law enforcement agency investigating the offense may not be | ||
required to disclose the victim's name, address, and telephone | ||
number in connection with the investigation or prosecution of the | ||
offense. | ||
(b) A completed and returned pseudonym form is confidential | ||
and may not be disclosed to any person other than the victim | ||
identified by the pseudonym form, a defendant in the case, or the | ||
defendant's attorney, except on an order of a court. The court | ||
finding required by Article 58.154 is not required to disclose the | ||
confidential pseudonym form to the victim identified by the | ||
pseudonym form, the defendant in the case, or the defendant's | ||
attorney. | ||
(c) If a victim completes a pseudonym form and returns the | ||
form to a law enforcement agency under Article 58.152(a), the law | ||
enforcement agency receiving the form shall: | ||
(1) remove the victim's name and substitute the | ||
pseudonym for the name on all reports, files, and records in the | ||
agency's possession; | ||
(2) notify the attorney representing the state of the | ||
pseudonym and that the victim has elected to be designated by the | ||
pseudonym; | ||
(3) provide to the victim a copy of the completed | ||
pseudonym form showing that the form was returned to the law | ||
enforcement agency; and | ||
(4) maintain the form in a manner that protects the | ||
confidentiality of the information contained on the form. | ||
(d) An attorney representing the state who receives notice | ||
that a victim has elected to be designated by a pseudonym shall | ||
ensure that the victim is designated by the pseudonym in all legal | ||
proceedings concerning the offense. (Code Crim. Proc., | ||
Arts. 57A.02(c), (d), (e), (f).) | ||
Art. 58.154. COURT-ORDERED DISCLOSURE OF VICTIM | ||
INFORMATION. A court may order the disclosure of a victim's name, | ||
address, and telephone number only if the court finds that: | ||
(1) the information is essential in the trial of the | ||
defendant for the offense; | ||
(2) the identity of the victim is in issue; or | ||
(3) the disclosure is in the best interest of the | ||
victim. (Code Crim. Proc., Art. 57A.02(g).) | ||
Art. 58.155. DISCLOSURE OF CERTAIN CHILD VICTIM INFORMATION | ||
PROHIBITED. Except as required or permitted by other law or by | ||
court order, a public servant or other person who has access to or | ||
obtains the name, address, telephone number, or other identifying | ||
information of a victim younger than 17 years of age may not release | ||
or disclose the identifying information to any person who is not | ||
assisting in the investigation, prosecution, or defense of the | ||
case. This article does not apply to the release or disclosure of a | ||
victim's identifying information by: | ||
(1) the victim; or | ||
(2) the victim's parent, conservator, or guardian, | ||
unless the victim's parent, conservator, or guardian allegedly | ||
committed the offense described by Article 58.151. (Code Crim. | ||
Proc., Art. 57A.02(h).) | ||
Art. 58.156. OFFENSE. (a) A public servant commits an | ||
offense if the public servant: | ||
(1) has access to the name, address, or telephone | ||
number of a victim 17 years of age or older who has chosen a | ||
pseudonym under this subchapter; and | ||
(2) knowingly discloses the name, address, or | ||
telephone number of the victim to: | ||
(A) a person who is not assisting in the | ||
investigation or prosecution of the offense; or | ||
(B) a person other than: | ||
(i) the defendant; | ||
(ii) the defendant's attorney; or | ||
(iii) the person specified in the order of a | ||
court. | ||
(b) Unless the disclosure is required or permitted by other | ||
law, a public servant or other person commits an offense if the | ||
person: | ||
(1) has access to or obtains the name, address, or | ||
telephone number of a victim younger than 17 years of age; and | ||
(2) knowingly discloses the name, address, or | ||
telephone number of the victim to: | ||
(A) a person who is not assisting in the | ||
investigation or prosecution of the offense; or | ||
(B) a person other than: | ||
(i) the defendant; | ||
(ii) the defendant's attorney; or | ||
(iii) a person specified in an order of a | ||
court. | ||
(c) It is an affirmative defense to prosecution under | ||
Subsection (b) that the actor is: | ||
(1) the victim; or | ||
(2) the victim's parent, conservator, or guardian, | ||
unless the victim's parent, conservator, or guardian allegedly | ||
committed the offense described by Article 58.151. | ||
(d) An offense under this article is a Class C misdemeanor. | ||
(Code Crim. Proc., Art. 57A.03.) | ||
Art. 58.157. EFFECT ON OTHER LAW. This subchapter does not | ||
affect: | ||
(1) a victim's responsibility to provide documentation | ||
of stalking under Section 92.0161, Property Code; or | ||
(2) a person's power or duty to disclose the documented | ||
information as provided by Subsection (j) of that section. (Code | ||
Crim. Proc., Art. 57A.04.) | ||
SUBCHAPTER E. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF | ||
VICTIMS OF FAMILY VIOLENCE | ||
Art. 58.201. DEFINITION. In this subchapter, "victim" | ||
means a person who is the subject of: | ||
(1) an offense that allegedly constitutes family | ||
violence, as defined by Section 71.004, Family Code; or | ||
(2) an offense that is part of the same criminal | ||
episode, as defined by Section 3.01, Penal Code, as an offense | ||
described by Subdivision (1). (Code Crim. Proc., Art. 57B.01(4).) | ||
Art. 58.202. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a) | ||
A victim may choose a pseudonym to be used instead of the victim's | ||
name to designate the victim in all public files and records | ||
concerning the offense, including police summary reports, press | ||
releases, and records of judicial proceedings. A victim who elects | ||
to use a pseudonym as provided by this subchapter must complete a | ||
pseudonym form developed under Subsection (b) and return the form | ||
to the law enforcement agency investigating the offense. | ||
(b) The office of the attorney general shall develop and | ||
distribute to all law enforcement agencies of the state a pseudonym | ||
form to record the name, address, telephone number, and pseudonym | ||
of a victim. (Code Crim. Proc., Arts. 57B.02(a), (b).) | ||
Art. 58.203. VICTIM INFORMATION CONFIDENTIAL. (a) A | ||
victim who completes a pseudonym form and returns the form to the | ||
law enforcement agency investigating the offense may not be | ||
required to disclose the victim's name, address, and telephone | ||
number in connection with the investigation or prosecution of the | ||
offense. | ||
(b) A completed and returned pseudonym form is confidential | ||
and may not be disclosed to any person other than a defendant in the | ||
case or the defendant's attorney, except on an order of a court. | ||
The court finding required by Article 58.204 is not required to | ||
disclose the confidential pseudonym form to the defendant in the | ||
case or to the defendant's attorney. | ||
(c) If a victim completes a pseudonym form and returns the | ||
form to a law enforcement agency under Article 58.202(a), the law | ||
enforcement agency receiving the form shall: | ||
(1) remove the victim's name and substitute the | ||
pseudonym for the name on all reports, files, and records in the | ||
agency's possession; | ||
(2) notify the attorney representing the state of the | ||
pseudonym and that the victim has elected to be designated by the | ||
pseudonym; and | ||
(3) maintain the form in a manner that protects the | ||
confidentiality of the information contained on the form. | ||
(d) An attorney representing the state who receives notice | ||
that a victim has elected to be designated by a pseudonym shall | ||
ensure that the victim is designated by the pseudonym in all legal | ||
proceedings concerning the offense. (Code Crim. Proc., | ||
Arts. 57B.02(c), (d), (e), (f).) | ||
Art. 58.204. COURT-ORDERED DISCLOSURE OF VICTIM | ||
INFORMATION. A court may order the disclosure of a victim's name, | ||
address, and telephone number only if the court finds that the | ||
information is essential in the trial of the defendant for the | ||
offense or the identity of the victim is in issue. (Code Crim. | ||
Proc., Art. 57B.02(g).) | ||
Art. 58.205. DISCLOSURE OF CERTAIN CHILD VICTIM INFORMATION | ||
PROHIBITED. Except as required or permitted by other law or by | ||
court order, a public servant or other person who has access to or | ||
obtains the name, address, telephone number, or other identifying | ||
information of a victim younger than 17 years of age may not release | ||
or disclose the identifying information to any person who is not | ||
assisting in the investigation, prosecution, or defense of the | ||
case. This article does not apply to the release or disclosure of a | ||
victim's identifying information by: | ||
(1) the victim; or | ||
(2) the victim's parent, conservator, or guardian, | ||
unless the victim's parent, conservator, or guardian allegedly | ||
committed the offense described by Article 58.201. (Code | ||
Crim. Proc., Art. 57B.02(h).) | ||
Art. 58.206. OFFENSE. (a) A public servant commits an | ||
offense if the public servant: | ||
(1) has access to the name, address, or telephone | ||
number of a victim 17 years of age or older who has chosen a | ||
pseudonym under this subchapter; and | ||
(2) knowingly discloses the name, address, or | ||
telephone number of the victim to: | ||
(A) a person who is not assisting in the | ||
investigation or prosecution of the offense; or | ||
(B) a person other than: | ||
(i) the defendant; | ||
(ii) the defendant's attorney; or | ||
(iii) the person specified in the order of a | ||
court. | ||
(b) Unless the disclosure is required or permitted by other | ||
law, a public servant or other person commits an offense if the | ||
person: | ||
(1) has access to or obtains the name, address, or | ||
telephone number of a victim younger than 17 years of age; and | ||
(2) knowingly discloses the name, address, or | ||
telephone number of the victim to: | ||
(A) a person who is not assisting in the | ||
investigation or prosecution of the offense; or | ||
(B) a person other than: | ||
(i) the defendant; | ||
(ii) the defendant's attorney; or | ||
(iii) a person specified in an order of a | ||
court. | ||
(c) It is an affirmative defense to prosecution under | ||
Subsection (b) that the actor is: | ||
(1) the victim; or | ||
(2) the victim's parent, conservator, or guardian, | ||
unless the victim's parent, conservator, or guardian allegedly | ||
committed the offense described by Article 58.201. | ||
(d) An offense under this article is a Class C misdemeanor. | ||
(Code Crim. Proc., Art. 57B.03.) | ||
Art. 58.207. APPLICABILITY OF SUBCHAPTER TO DEPARTMENT OF | ||
FAMILY AND PROTECTIVE SERVICES. (a) This subchapter does not | ||
require the Department of Family and Protective Services to use a | ||
pseudonym in a department report, file, or record relating to the | ||
abuse, neglect, or exploitation of a child or adult who may also be | ||
the subject of an offense described by Article 58.201. | ||
(b) To the extent permitted by law, the Department of Family | ||
and Protective Services and a department employee, as necessary in | ||
performing department duties, may disclose the name of a victim who | ||
elects to use a pseudonym under this subchapter. (Code | ||
Crim. Proc., Art. 57B.04.) | ||
Art. 58.208. APPLICABILITY OF SUBCHAPTER TO POLITICAL | ||
SUBDIVISIONS. This subchapter does not require a political | ||
subdivision to use a pseudonym in a report, file, or record that: | ||
(1) is not intended for distribution to the public; or | ||
(2) is not the subject of an open records request under | ||
Chapter 552, Government Code. (Code Crim. Proc., Art. 57B.05.) | ||
SUBCHAPTER F. CONFIDENTIALITY OF IDENTIFYING INFORMATION OF | ||
VICTIMS OF TRAFFICKING OF PERSONS | ||
Art. 58.251. DEFINITION. In this subchapter, "victim" | ||
means a person who is the subject of: | ||
(1) an offense under Section 20A.02, Penal Code; or | ||
(2) an offense that is part of the same criminal | ||
episode, as defined by Section 3.01, Penal Code, as an offense under | ||
Section 20A.02, Penal Code. (Code Crim. Proc., Art. 57D.01(4).) | ||
Art. 58.252. DESIGNATION OF PSEUDONYM; PSEUDONYM FORM. (a) | ||
A victim may choose a pseudonym to be used instead of the victim's | ||
name to designate the victim in all public files and records | ||
concerning the offense, including police summary reports, press | ||
releases, and records of judicial proceedings. A victim who elects | ||
to use a pseudonym as provided by this subchapter must complete a | ||
pseudonym form developed under Subsection (b) and return the form | ||
to the law enforcement agency investigating the offense. | ||
(b) The office of the attorney general shall develop and | ||
distribute to all law enforcement agencies of the state a pseudonym | ||
form to record the name, address, telephone number, and pseudonym | ||
of a victim. (Code Crim. Proc., Arts. 57D.02(a), (b).) | ||
Art. 58.253. VICTIM INFORMATION CONFIDENTIAL. (a) A | ||
victim who completes a pseudonym form and returns the form to the | ||
law enforcement agency investigating the offense may not be | ||
required to disclose the victim's name, address, and telephone | ||
number in connection with the investigation or prosecution of the | ||
offense. | ||
(b) A completed and returned pseudonym form is confidential | ||
and may not be disclosed to any person other than a defendant in the | ||
case or the defendant's attorney, except on an order of a court. | ||
The court finding required by Article 58.254 is not required to | ||
disclose the confidential pseudonym form to the defendant in the | ||
case or to the defendant's attorney. | ||
(c) If a victim completes a pseudonym form and returns the | ||
form to a law enforcement agency under Article 58.252(a), the law | ||
enforcement agency receiving the form shall: | ||
(1) remove the victim's name and substitute the | ||
pseudonym for the name on all reports, files, and records in the | ||
agency's possession; | ||
(2) notify the attorney representing the state of the | ||
pseudonym and that the victim has elected to be designated by the | ||
pseudonym; and | ||
(3) maintain the form in a manner that protects the | ||
confidentiality of the information contained on the form. | ||
(d) An attorney representing the state who receives notice | ||
that a victim has elected to be designated by a pseudonym shall | ||
ensure that the victim is designated by the pseudonym in all legal | ||
proceedings concerning the offense. (Code Crim. Proc., | ||
Arts. 57D.02(c), (d), (e), (f).) | ||
Art. 58.254. COURT-ORDERED DISCLOSURE OF VICTIM | ||
INFORMATION. A court may order the disclosure of a victim's name, | ||
address, and telephone number only if the court finds that the | ||
information is essential in the trial of the defendant for the | ||
offense or the identity of the victim is in issue. (Code Crim. | ||
Proc., Art. 57D.02(g).) | ||
Art. 58.255. DISCLOSURE OF CHILD VICTIM INFORMATION | ||
PROHIBITED. Except as required or permitted by other law or by | ||
court order, a public servant or other person who has access to or | ||
obtains the name, address, telephone number, or other identifying | ||
information of a victim younger than 18 years of age may not release | ||
or disclose the identifying information to any person who is not | ||
assisting in the investigation, prosecution, or defense of the | ||
case. This article does not apply to the release or disclosure of a | ||
victim's identifying information by: | ||
(1) the victim; or | ||
(2) the victim's parent, conservator, or guardian, | ||
unless the victim's parent, conservator, or guardian allegedly | ||
committed the offense described by Article 58.251. (Code Crim. | ||
Proc., Art. 57D.02(h).) | ||
Art. 58.256. OFFENSE. (a) A public servant commits an | ||
offense if the public servant: | ||
(1) has access to the name, address, or telephone | ||
number of a victim 18 years of age or older who has chosen a | ||
pseudonym under this subchapter; and | ||
(2) knowingly discloses the name, address, or | ||
telephone number of the victim to: | ||
(A) a person who is not assisting in the | ||
investigation or prosecution of the offense; or | ||
(B) a person other than: | ||
(i) the defendant; | ||
(ii) the defendant's attorney; or | ||
(iii) the person specified in the order of a | ||
court. | ||
(b) Unless the disclosure is required or permitted by other | ||
law, a public servant or other person commits an offense if the | ||
person: | ||
(1) has access to or obtains the name, address, or | ||
telephone number of a victim younger than 18 years of age; and | ||
(2) knowingly discloses the name, address, or | ||
telephone number of the victim to: | ||
(A) a person who is not assisting in the | ||
investigation or prosecution of the offense; or | ||
(B) a person other than: | ||
(i) the defendant; | ||
(ii) the defendant's attorney; or | ||
(iii) a person specified in an order of a | ||
court. | ||
(c) It is an affirmative defense to prosecution under | ||
Subsection (b) that the actor is: | ||
(1) the victim; or | ||
(2) the victim's parent, conservator, or guardian, | ||
unless the victim's parent, conservator, or guardian allegedly | ||
committed the offense described by Article 58.251. | ||
(d) An offense under this article is a Class C misdemeanor. | ||
(Code Crim. Proc., Art. 57D.03.) | ||
SUBCHAPTER G. SEALING OF MEDICAL RECORDS OF CERTAIN CHILD VICTIMS | ||
Art. 58.301. DEFINITIONS. In this subchapter: | ||
(1) "Child" means a person who is younger than 18 years | ||
of age. | ||
(2) "Medical records" means any information used or | ||
generated by health care providers, including records relating to | ||
emergency room treatment, rehabilitation therapy, or counseling. | ||
(Code Crim. Proc., Art. 57C.01.) | ||
Art. 58.302. SEALING OF MEDICAL RECORDS. (a) Except as | ||
provided by Subsection (c), on a motion filed by a person described | ||
by Subsection (b), the court shall seal the medical records of a | ||
child who is a victim of an offense described by Section 1, Article | ||
38.071. | ||
(b) A motion under this article may be filed on the court's | ||
own motion or by: | ||
(1) the attorney representing the state; | ||
(2) the defendant; or | ||
(3) the parent or guardian of the victim or, if the | ||
victim is no longer a child, the victim. | ||
(c) The court is not required to seal the records described | ||
by this article on a finding of good cause after a hearing held | ||
under Subsection (d). | ||
(d) The court shall grant the motion without a hearing | ||
unless the motion is contested not later than the seventh day after | ||
the date the motion is filed. (Code Crim. Proc., Arts. 57C.02(a), | ||
(b), (c), (d).) | ||
Art. 58.303. ACCESS TO SEALED MEDICAL RECORDS. Medical | ||
records sealed under this subchapter are not open for inspection by | ||
any person except: | ||
(1) on further order of the court after: | ||
(A) notice to a parent or guardian of the victim | ||
whose information is sealed or, if the victim is no longer a child, | ||
notice to the victim; and | ||
(B) a finding of good cause; | ||
(2) in connection with a criminal or civil proceeding | ||
as otherwise provided by law; or | ||
(3) on request of a parent or legal guardian of the | ||
victim whose information is sealed or, if the victim is no longer a | ||
child, on request of the victim. (Code Crim. Proc., Art. | ||
57C.02(e).) | ||
Art. 58.304. LIABILITY. Except on a showing of bad faith, a | ||
clerk of the court is not liable for any failure to seal medical | ||
records after the court grants a motion under this subchapter. | ||
(Code Crim. Proc., Art. 57C.02(f).) | ||
ARTICLE 2. CONFORMING AMENDMENTS | ||
SECTION 2.01. Section 101.005(d), Business & Commerce Code, | ||
is amended to read as follows: | ||
(d) A penalty collected under this section by the attorney | ||
general or a district or county attorney shall be deposited in the | ||
state treasury to the credit of the compensation to victims of crime | ||
fund established under Subchapter J, Chapter 56B [ |
||
Code of Criminal Procedure. | ||
SECTION 2.02. Section 140A.110(c), Civil Practice and | ||
Remedies Code, is amended to read as follows: | ||
(c) The first $10 million, after any costs of suit described | ||
by Subsection (b), that is paid to the state under this chapter in a | ||
fiscal year shall be dedicated to the compensation to victims of | ||
crime fund described by Subchapter J, Chapter 56B [ |
||
Code of Criminal Procedure. | ||
SECTION 2.03. Section 154.023(c), Civil Practice and | ||
Remedies Code, is amended to read as follows: | ||
(c) Mediation includes victim-offender mediation by the | ||
Texas Department of Criminal Justice described in Article 56A.602 | ||
[ |
||
SECTION 2.04. Section 154.073(g), Civil Practice and | ||
Remedies Code, is amended to read as follows: | ||
(g) This section applies to a victim-offender mediation by | ||
the Texas Department of Criminal Justice as described in Article | ||
56A.602 [ |
||
SECTION 2.05. Article 2.13951(e), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(e) A civil penalty collected under this article shall be | ||
deposited to the credit of the compensation to victims of crime fund | ||
established under Subchapter J [ |
||
SECTION 2.06. Article 2.21(f-1), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(f-1) Notwithstanding Section 263.156, Local Government | ||
Code, or any other law, the commissioners court shall remit 50 | ||
percent of any proceeds of the disposal of an eligible exhibit as | ||
surplus or salvage property as described by Subsection (f), less | ||
the reasonable expense of keeping the exhibit before disposal and | ||
the costs of that disposal, to each of the following: | ||
(1) the county treasury, to be used only to defray the | ||
costs incurred by the district clerk of the county for the | ||
management, maintenance, or destruction of eligible exhibits in the | ||
county; and | ||
(2) the state treasury to the credit of the | ||
compensation to victims of crime fund established under Subchapter | ||
J [ |
||
SECTION 2.07. Article 2.31, Code of Criminal Procedure, as | ||
added by Chapter 176 (S.B. 604), Acts of the 82nd Legislature, | ||
Regular Session, 2011, is amended to read as follows: | ||
Art. 2.31. COUNTY JAILERS. If a jailer licensed under | ||
Chapter 1701, Occupations Code, has successfully completed a | ||
training program provided by the sheriff, the jailer may execute | ||
lawful process issued to the jailer by any magistrate or court on a | ||
person confined in the jail at which the jailer is employed to the | ||
same extent that a peace officer is authorized to execute process | ||
under Article 2.13(b)(2), including: | ||
(1) a warrant under Chapter 15, 17, or 18; | ||
(2) a capias under Chapter 17 or 23; | ||
(3) a subpoena under Chapter 20A [ |
||
(4) an attachment under Chapter 20A [ |
||
SECTION 2.08. Article 2.31, Code of Criminal Procedure, as | ||
added by Chapter 1341 (S.B. 1233), Acts of the 82nd Legislature, | ||
Regular Session, 2011, is amended to read as follows: | ||
Art. 2.31. COUNTY JAILERS. A jailer licensed under Chapter | ||
1701, Occupations Code, may execute lawful process issued to the | ||
jailer by any magistrate or court on a person confined in the jail | ||
at which the jailer is employed to the same extent that a peace | ||
officer is authorized to execute process under Article 2.13(b)(2), | ||
including: | ||
(1) a warrant under Chapter 15, 17, or 18; | ||
(2) a capias under Chapter 17 or 23; | ||
(3) a subpoena under Chapter 20A [ |
||
(4) an attachment under Chapter 20A [ |
||
SECTION 2.09. Article 26.13(e), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(e) Before accepting a plea of guilty or a plea of nolo | ||
contendere, the court shall, as applicable in the case: | ||
(1) inquire as to whether a victim impact statement | ||
has been returned to the attorney representing the state and ask for | ||
a copy of the statement if one has been returned; and | ||
(2) inquire as to whether the attorney representing | ||
the state has given notice of the existence and terms of any plea | ||
bargain agreement to the victim, guardian of a victim, or close | ||
relative of a deceased victim, as those terms are defined by Article | ||
56A.001 [ |
||
SECTION 2.10. Article 36.03(d)(1), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(1) "Close relative of a deceased victim" and | ||
"guardian of a victim" have the meanings assigned by Article | ||
56A.001 [ |
||
SECTION 2.11. Sections 4(c) and (d), Article 38.11, Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(c) Notwithstanding Subsection (b), if the information, | ||
document, or item was disclosed or received in violation of a grand | ||
jury oath given to either a juror or a witness under Article 19A.202 | ||
[ |
||
testify if the person seeking the testimony, production, or | ||
disclosure makes a clear and specific showing that the subpoenaing | ||
party has exhausted reasonable efforts to obtain from alternative | ||
sources the confidential source of any information, document, or | ||
item obtained. In this context, the court has the discretion to | ||
conduct an in camera hearing. The court may not order the | ||
production of the confidential source until a ruling has been made | ||
on the motion. | ||
(d) An application for a subpoena of a journalist under | ||
Article 24.03, or a subpoena of a journalist issued by an attorney | ||
representing the state under Article 20A.251 [ |
||
[ |
||
criminal district attorney, or elected county attorney, as | ||
applicable. If the elected district attorney, elected criminal | ||
district attorney, or elected county attorney has been disqualified | ||
or recused or has resigned, the application for the subpoena or the | ||
subpoena must be signed by the person succeeding the elected | ||
attorney. If the elected officer is not in the jurisdiction, the | ||
highest ranking assistant to the elected officer must sign the | ||
subpoena. | ||
SECTION 2.12. Section 11, Article 42.01, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Sec. 11. In addition to the information described by | ||
Section 1, the judgment should reflect whether a victim impact | ||
statement was returned to the attorney representing the state | ||
pursuant to Article 56A.157(a) [ |
||
SECTION 2.13. Section 1(b), Article 42.03, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b) The court shall permit a victim, close relative of a | ||
deceased victim, or guardian of a victim, as defined by Article | ||
56A.001 [ |
||
court and to the defendant a statement of the person's views about | ||
the offense, the defendant, and the effect of the offense on the | ||
victim. The victim, relative, or guardian may not direct questions | ||
to the defendant while making the statement. The court reporter may | ||
not transcribe the statement. The statement must be made: | ||
(1) after punishment has been assessed and the court | ||
has determined whether or not to grant community supervision in the | ||
case; | ||
(2) after the court has announced the terms and | ||
conditions of the sentence; and | ||
(3) after sentence is pronounced. | ||
SECTION 2.14. Articles 42.037(a) and (i), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) In addition to any fine authorized by law, the court | ||
that sentences a defendant convicted of an offense may order the | ||
defendant to make restitution to any victim of the offense or to the | ||
compensation to victims of crime fund established under Subchapter | ||
J [ |
||
compensation to or on behalf of the victim. If the court does not | ||
order restitution or orders partial restitution under this | ||
subsection, the court shall state on the record the reasons for not | ||
making the order or for the limited order. | ||
(i) In addition to any other terms and conditions of | ||
community supervision imposed under Chapter 42A, the court may | ||
require a defendant to reimburse the compensation to victims of | ||
crime fund created under Subchapter J [ |
||
amounts paid from that fund to or on behalf of a victim of the | ||
defendant's offense. In this subsection, "victim" has the meaning | ||
assigned by Article 56B.003 [ |
||
SECTION 2.15. Section 8(a), Article 42.09, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(a) A county that transfers a defendant to the Texas | ||
Department of Criminal Justice under this article shall deliver to | ||
an officer designated by the department: | ||
(1) a copy of the judgment entered pursuant to Article | ||
42.01, completed on a standardized felony judgment form described | ||
by Section 4 of that article; | ||
(2) a copy of any order revoking community supervision | ||
and imposing sentence pursuant to Article 42A.755, including: | ||
(A) any amounts owed for restitution, fines, and | ||
court costs, completed on a standardized felony judgment form | ||
described by Section 4, Article 42.01; and | ||
(B) a copy of the client supervision plan | ||
prepared for the defendant by the community supervision and | ||
corrections department supervising the defendant, if such a plan | ||
was prepared; | ||
(3) a written report that states the nature and the | ||
seriousness of each offense and that states the citation to the | ||
provision or provisions of the Penal Code or other law under which | ||
the defendant was convicted; | ||
(4) a copy of the victim impact statement, if one has | ||
been prepared in the case under Subchapter D, Chapter 56A [ |
||
|
||
(5) a statement as to whether there was a change in | ||
venue in the case and, if so, the names of the county prosecuting | ||
the offense and the county in which the case was tried; | ||
(6) if requested, information regarding the criminal | ||
history of the defendant, including the defendant's state | ||
identification number if the number has been issued; | ||
(7) a copy of the indictment or information for each | ||
offense; | ||
(8) a checklist sent by the department to the county | ||
and completed by the county in a manner indicating that the | ||
documents required by this subsection and Subsection (c) accompany | ||
the defendant; | ||
(9) if prepared, a copy of a presentence or | ||
postsentence report prepared under Subchapter F, Chapter 42A; | ||
(10) a copy of any detainer, issued by an agency of the | ||
federal government, that is in the possession of the county and that | ||
has been placed on the defendant; | ||
(11) if prepared, a copy of the defendant's Texas | ||
Uniform Health Status Update Form; and | ||
(12) a written description of a hold or warrant, | ||
issued by any other jurisdiction, that the county is aware of and | ||
that has been placed on or issued for the defendant. | ||
SECTION 2.16. Section 1(4), Article 42.22, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(4) "Victim" means: | ||
(A) a "close relative of a deceased victim," | ||
"guardian of a victim," or "victim," as those terms are defined by | ||
Article 56A.001 [ |
||
(B) an individual who suffers damages as a result | ||
of another committing an offense under Section 38.04, Penal Code, | ||
in which the defendant used a motor vehicle while the defendant was | ||
in flight. | ||
SECTION 2.17. Article 42A.301(b), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b) Conditions of community supervision may include | ||
conditions requiring the defendant to: | ||
(1) commit no offense against the laws of this state or | ||
of any other state or of the United States; | ||
(2) avoid injurious or vicious habits; | ||
(3) avoid persons or places of disreputable or harmful | ||
character, including any person, other than a family member of the | ||
defendant, who is an active member of a criminal street gang; | ||
(4) report to the supervision officer as directed by | ||
the judge or supervision officer and obey all rules and regulations | ||
of the community supervision and corrections department; | ||
(5) permit the supervision officer to visit the | ||
defendant at the defendant's home or elsewhere; | ||
(6) work faithfully at suitable employment to the | ||
extent possible; | ||
(7) remain within a specified place; | ||
(8) pay in one or more amounts: | ||
(A) the defendant's fine, if one is assessed; and | ||
(B) all court costs, regardless of whether a fine | ||
is assessed; | ||
(9) support the defendant's dependents; | ||
(10) participate, for a period specified by the judge, | ||
in any community-based program, including a community service | ||
project under Article 42A.304; | ||
(11) if the judge determines that the defendant has | ||
financial resources that enable the defendant to offset in part or | ||
in whole the costs of the legal services provided to the defendant | ||
in accordance with Article 1.051(c) or (d), including any expenses | ||
and costs, reimburse the county in which the prosecution was | ||
instituted for the costs of the legal services in an amount that the | ||
judge finds the defendant is able to pay, except that the defendant | ||
may not be ordered to pay an amount that exceeds: | ||
(A) the actual costs, including any expenses and | ||
costs, paid by the county for the legal services provided by an | ||
appointed attorney; or | ||
(B) if the defendant was represented by a public | ||
defender's office, the actual amount, including any expenses and | ||
costs, that would have otherwise been paid to an appointed attorney | ||
had the county not had a public defender's office; | ||
(12) if under custodial supervision in a community | ||
corrections facility: | ||
(A) remain under that supervision; | ||
(B) obey all rules and regulations of the | ||
facility; and | ||
(C) pay a percentage of the defendant's income | ||
to: | ||
(i) the facility for room and board; and | ||
(ii) the defendant's dependents for their | ||
support during the period of custodial supervision; | ||
(13) submit to testing for alcohol or controlled | ||
substances; | ||
(14) attend counseling sessions for substance abusers | ||
or participate in substance abuse treatment services in a program | ||
or facility approved or licensed by the Department of State Health | ||
Services; | ||
(15) with the consent of the victim of a misdemeanor | ||
offense or of any offense under Title 7, Penal Code, participate in | ||
victim-defendant mediation; | ||
(16) submit to electronic monitoring; | ||
(17) reimburse the compensation to victims of crime | ||
fund for any amounts paid from that fund to or on behalf of a victim, | ||
as defined by Article 56B.003 [ |
||
reimbursement is required, make one payment to the compensation to | ||
victims of crime fund in an amount not to exceed $50 if the offense | ||
is a misdemeanor or not to exceed $100 if the offense is a felony; | ||
(18) reimburse a law enforcement agency for the | ||
analysis, storage, or disposal of raw materials, controlled | ||
substances, chemical precursors, drug paraphernalia, or other | ||
materials seized in connection with the offense; | ||
(19) pay all or part of the reasonable and necessary | ||
costs incurred by the victim for psychological counseling made | ||
necessary by the offense or for counseling and education relating | ||
to acquired immune deficiency syndrome or human immunodeficiency | ||
virus made necessary by the offense; | ||
(20) make one payment in an amount not to exceed $50 to | ||
a crime stoppers organization, as defined by Section 414.001, | ||
Government Code, and as certified by the Texas Crime Stoppers | ||
Council; | ||
(21) submit a DNA sample to the Department of Public | ||
Safety under Subchapter G, Chapter 411, Government Code, for the | ||
purpose of creating a DNA record of the defendant; | ||
(22) in any manner required by the judge, provide in | ||
the county in which the offense was committed public notice of the | ||
offense for which the defendant was placed on community | ||
supervision; and | ||
(23) reimburse the county in which the prosecution was | ||
instituted for compensation paid to any interpreter in the case. | ||
SECTION 2.18. Article 46C.003, Code of Criminal Procedure, | ||
is amended to read as follows: | ||
Art. 46C.003. VICTIM NOTIFICATION OF RELEASE. If the court | ||
issues an order that requires the release of an acquitted person on | ||
discharge or on a regimen of outpatient care, the clerk of the court | ||
issuing the order, using the information provided on any victim | ||
impact statement received by the court under Subchapter D, Chapter | ||
56A [ |
||
court, shall notify the victim or the victim's guardian or close | ||
relative of the release. Notwithstanding Article 56A.156 | ||
[ |
||
statement for the purpose of notification under this article. On | ||
request, a victim assistance coordinator may provide the clerk of | ||
the court with information or other assistance necessary for the | ||
clerk to comply with this article. | ||
SECTION 2.19. Article 59.06(k)(3), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(3) The attorney general shall deposit the money or | ||
proceeds from the sale of the property into an escrow account. The | ||
money in the account is available to satisfy a judgment against the | ||
person who committed the crime in favor of a victim of the crime if | ||
the judgment is for damages incurred by the victim caused by the | ||
commission of the crime. The attorney general shall transfer the | ||
money in the account that has not been ordered paid to a victim in | ||
satisfaction of a judgment to the compensation to victims of crime | ||
fund on the fifth anniversary of the date the account was | ||
established. In this subsection, "victim" has the meaning assigned | ||
by Article 56B.003 [ |
||
SECTION 2.20. Article 59.13(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) The attorney representing the state may disclose | ||
information to the primary state or federal financial institution | ||
regulator, including grand jury information or otherwise | ||
confidential information, relating to any action contemplated or | ||
brought under this chapter that involves property consisting of a | ||
depository account in a regulated financial institution or assets | ||
held by a regulated financial institution as security for an | ||
obligation owed to a regulated financial institution. An attorney | ||
representing the state who discloses information as permitted by | ||
this subsection is not subject to contempt under Subchapter E, | ||
Chapter 20A, [ |
||
SECTION 2.21. Article 62.0061(d), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(d) A commercial social networking site that uses | ||
information received under Subsection (a) in any manner not | ||
described by Subsection (c)(1) or that violates a rule adopted by | ||
the department under Subsection (b) is subject to a civil penalty of | ||
$1,000 for each misuse of information or rule violation. A | ||
commercial social networking site that is assessed a civil penalty | ||
under this article shall pay, in addition to the civil penalty, all | ||
court costs, investigative costs, and attorney's fees associated | ||
with the assessment of the penalty. A civil penalty assessed under | ||
this subsection shall be deposited to the compensation to victims | ||
of crime fund established under Subchapter J [ |
||
SECTION 2.22. Article 63.065(b), Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b) Notwithstanding Article 56B.453(a) [ |
||
legislature may appropriate money in the compensation to victims of | ||
crime fund and the compensation to victims of crime auxiliary fund | ||
to fund the University of North Texas Health Science Center at Fort | ||
Worth missing persons DNA database. Legislative appropriations | ||
under this subsection shall be deposited to the credit of the | ||
account created under Subsection (a). | ||
SECTION 2.23. Sections 96.65(a)(1), (2), and (4), Education | ||
Code, are amended to read as follows: | ||
(1) "Close relative of a deceased victim" has the | ||
meaning assigned by Article 56A.001 [ |
||
Procedure. | ||
(2) "Guardian of a victim" has the meaning assigned by | ||
Article 56A.001 [ |
||
(4) "Victim" has the meaning assigned by Article | ||
56A.001 [ |
||
SECTION 2.24. Section 96.651(a)(2), Education Code, is | ||
amended to read as follows: | ||
(2) "Victim" has the meaning assigned by Article | ||
56A.001 [ |
||
SECTION 2.25. Section 13.002(e), Election Code, is amended | ||
to read as follows: | ||
(e) A person who is certified for participation in the | ||
address confidentiality program administered by the attorney | ||
general under Subchapter B [ |
||
Procedure, is not eligible for early voting by mail under Section | ||
82.007 unless the person submits an application under this section | ||
by personal delivery. The secretary of state may adopt rules to | ||
implement this subsection. | ||
SECTION 2.26. Section 13.004(c), Election Code, is amended | ||
to read as follows: | ||
(c) The following information furnished on a registration | ||
application is confidential and does not constitute public | ||
information for purposes of Chapter 552, Government Code: | ||
(1) a social security number; | ||
(2) a Texas driver's license number; | ||
(3) a number of a personal identification card issued | ||
by the Department of Public Safety; | ||
(4) an indication that an applicant is interested in | ||
working as an election judge; | ||
(5) the residence address of the applicant, if the | ||
applicant is a federal judge or state judge, as defined by Section | ||
13.0021, the spouse of a federal judge or state judge, or an | ||
individual to whom Section 552.1175, Government Code, applies and | ||
the applicant: | ||
(A) included an affidavit with the registration | ||
application describing the applicant's status under this | ||
subdivision, including an affidavit under Section 13.0021 if the | ||
applicant is a federal judge or state judge or the spouse of a | ||
federal judge or state judge; | ||
(B) provided the registrar with an affidavit | ||
describing the applicant's status under this subdivision, | ||
including an affidavit under Section 15.0215 if the applicant is a | ||
federal judge or state judge or the spouse of a federal judge or | ||
state judge; or | ||
(C) provided the registrar with a completed form | ||
approved by the secretary of state for the purpose of notifying the | ||
registrar of the applicant's status under this subdivision; | ||
(6) the residence address of the applicant, if the | ||
applicant, the applicant's child, or another person in the | ||
applicant's household is a victim of family violence as defined by | ||
Section 71.004, Family Code, who provided the registrar with: | ||
(A) a copy of a protective order issued under | ||
Chapter 85, Family Code, or a magistrate's order for emergency | ||
protection issued under Article 17.292, Code of Criminal Procedure; | ||
or | ||
(B) other independent documentary evidence | ||
necessary to show that the applicant, the applicant's child, or | ||
another person in the applicant's household is a victim of family | ||
violence; | ||
(7) the residence address of the applicant, if the | ||
applicant, the applicant's child, or another person in the | ||
applicant's household is a victim of sexual assault or abuse, | ||
stalking, or trafficking of persons who provided the registrar | ||
with: | ||
(A) a copy of a protective order issued under | ||
Subchapter A or B, Chapter 7B [ |
||
Procedure, or a magistrate's order for emergency protection issued | ||
under Article 17.292, Code of Criminal Procedure; or | ||
(B) other independent documentary evidence | ||
necessary to show that the applicant, the applicant's child, or | ||
another person in the applicant's household is a victim of sexual | ||
assault or abuse, stalking, or trafficking of persons; or | ||
(8) the residence address of the applicant, if the | ||
applicant: | ||
(A) is a participant in the address | ||
confidentiality program administered by the attorney general under | ||
Subchapter B [ |
||
(B) provided the registrar with proof of | ||
certification under Article 58.059 [ |
||
Procedure. | ||
SECTION 2.27. Section 18.0051, Election Code, is amended to | ||
read as follows: | ||
Sec. 18.0051. CONTENTS OF LIST: SUBSTITUTE ADDRESS. An | ||
original or supplemental list of registered voters must contain a | ||
voter's substitute post office box address designated by the | ||
attorney general under Article 58.052(b) [ |
||
Criminal Procedure, for use by the voter in place of the voter's | ||
true residential, business, or school address if the voter is | ||
eligible for early voting by mail under Section 82.007 and has | ||
submitted an early voting ballot application as required by Section | ||
84.0021. | ||
SECTION 2.28. Section 82.007, Election Code, is amended to | ||
read as follows: | ||
Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY | ||
PROGRAM. A qualified voter is eligible for early voting by mail if: | ||
(1) the voter submitted a registration application by | ||
personal delivery as required by Section 13.002(e); and | ||
(2) at the time the voter's early voting ballot | ||
application is submitted, the voter is certified for participation | ||
in the address confidentiality program administered by the attorney | ||
general under Subchapter B [ |
||
Procedure. | ||
SECTION 2.29. Section 84.0021(a), Election Code, is amended | ||
to read as follows: | ||
(a) An early voting ballot application submitted by a | ||
qualified voter who is eligible for early voting by mail under | ||
Section 82.007 must include: | ||
(1) the applicant's name and address at which the | ||
applicant is registered to vote; | ||
(2) the substitute post office box address designated | ||
by the attorney general under Article 58.052(b) [ |
||
Criminal Procedure, for use by the voter in place of the voter's | ||
true residential, business, or school address; and | ||
(3) an indication of each election for which the | ||
applicant is applying for a ballot. | ||
SECTION 2.30. Section 6.405(a), Family Code, is amended to | ||
read as follows: | ||
(a) The petition in a suit for dissolution of a marriage | ||
must state whether, in regard to a party to the suit or a child of a | ||
party to the suit: | ||
(1) there is in effect: | ||
(A) a protective order under Title 4; | ||
(B) a protective order under Subchapter A, | ||
Chapter 7B [ |
||
(C) an order for emergency protection under | ||
Article 17.292, Code of Criminal Procedure; or | ||
(2) an application for an order described by | ||
Subdivision (1) is pending. | ||
SECTION 2.31. Section 51.17(h), Family Code, is amended to | ||
read as follows: | ||
(h) Articles 58.001, 58.101, 58.102, 58.103, 58.104, | ||
58.105, [ |
||
relating to the use of a pseudonym by a victim in a criminal case, | ||
apply in a proceeding held under this title. | ||
SECTION 2.32. Section 57.002, Family Code, is amended to | ||
read as follows: | ||
Sec. 57.002. VICTIM'S RIGHTS. (a) A victim, guardian of a | ||
victim, or close relative of a deceased victim is entitled to the | ||
following rights within the juvenile justice system: | ||
(1) the right to receive from law enforcement agencies | ||
adequate protection from harm and threats of harm arising from | ||
cooperation with prosecution efforts; | ||
(2) the right to have the court or person appointed by | ||
the court take the safety of the victim or the victim's family into | ||
consideration as an element in determining whether the child should | ||
be detained before the child's conduct is adjudicated; | ||
(3) the right, if requested, to be informed of | ||
relevant court proceedings, including appellate proceedings, and | ||
to be informed in a timely manner if those court proceedings have | ||
been canceled or rescheduled; | ||
(4) the right to be informed, when requested, by the | ||
court or a person appointed by the court concerning the procedures | ||
in the juvenile justice system, including general procedures | ||
relating to: | ||
(A) the preliminary investigation and deferred | ||
prosecution of a case; and | ||
(B) the appeal of the case; | ||
(5) the right to provide pertinent information to a | ||
juvenile court conducting a disposition hearing concerning the | ||
impact of the offense on the victim and the victim's family by | ||
testimony, written statement, or any other manner before the court | ||
renders its disposition; | ||
(6) the right to receive information regarding | ||
compensation to victims as provided by [ |
||
[ |
||
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 | ||
[ |
||
Chapter 56A [ |
||
victim of a sexual assault, and when requested, to referral to | ||
available social service agencies that may offer additional | ||
assistance; | ||
(7) the right to be informed, upon request, of | ||
procedures for release under supervision or transfer of the person | ||
to the custody of the Texas Department of Criminal Justice for | ||
parole, to participate in the release or transfer for parole | ||
process, to be notified, if requested, of the person's release, | ||
escape, or transfer for parole proceedings concerning the person, | ||
to provide to the Texas Juvenile Justice Department for inclusion | ||
in the person's file information to be considered by the department | ||
before the release under supervision or transfer for parole of the | ||
person, and to be notified, if requested, of the person's release or | ||
transfer for parole; | ||
(8) the right to be provided with a waiting area, | ||
separate or secure from other witnesses, including the child | ||
alleged to have committed the conduct and relatives of the child, | ||
before testifying in any proceeding concerning the child, or, if a | ||
separate waiting area is not available, other safeguards should be | ||
taken to minimize the victim's contact with the child and the | ||
child's relatives and witnesses, before and during court | ||
proceedings; | ||
(9) the right to prompt return of any property of the | ||
victim that is held by a law enforcement agency or the attorney for | ||
the state as evidence when the property is no longer required for | ||
that purpose; | ||
(10) the right to have the attorney for the state | ||
notify the employer of the victim, if requested, of the necessity of | ||
the victim's cooperation and testimony in a proceeding that may | ||
necessitate the absence of the victim from work for good cause; | ||
(11) the right to be present at all public court | ||
proceedings related to the conduct of the child as provided by | ||
Section 54.08, subject to that section; and | ||
(12) any other right appropriate to the victim that a | ||
victim of criminal conduct has under Subchapter B, Chapter 56A | ||
[ |
||
(b) In notifying a victim of the release or escape of a | ||
person, the Texas Juvenile Justice Department shall use the same | ||
procedure established for the notification of the release or escape | ||
of an adult offender under Subchapter K, Chapter 56A [ |
||
|
||
SECTION 2.33. Section 57.003(d), Family Code, is amended to | ||
read as follows: | ||
(d) The victim assistance coordinator shall ensure that at a | ||
minimum, a victim, guardian of a victim, or close relative of a | ||
deceased victim receives: | ||
(1) a written notice of the rights outlined in Section | ||
57.002; | ||
(2) an application for compensation under the Crime | ||
Victims' Compensation Act ([ |
||
of Criminal Procedure); and | ||
(3) a victim impact statement with information | ||
explaining the possible use and consideration of the victim impact | ||
statement at detention, adjudication, and release proceedings | ||
involving the juvenile. | ||
SECTION 2.34. Section 57.0031, Family Code, is amended to | ||
read as follows: | ||
Sec. 57.0031. NOTIFICATION OF RIGHTS OF VICTIMS OF | ||
JUVENILES. At the initial contact or at the earliest possible time | ||
after the initial contact between the victim of a reported crime and | ||
the juvenile probation office having the responsibility for the | ||
disposition of the juvenile, the office shall provide the victim a | ||
written notice: | ||
(1) containing information about the availability of | ||
emergency and medical services, if applicable; | ||
(2) stating that the victim has the right to receive | ||
information regarding compensation to victims of crime as provided | ||
by the Crime Victims' Compensation Act ([ |
||
[ |
||
(A) the costs that may be compensated and the | ||
amount of compensation, eligibility for compensation, and | ||
procedures for application for compensation; | ||
(B) the payment for a medical examination for a | ||
victim of a sexual assault; and | ||
(C) referral to available social service | ||
agencies that may offer additional assistance; | ||
(3) stating the name, address, and phone number of the | ||
victim assistance coordinator for victims of juveniles; | ||
(4) containing the following statement: "You may call | ||
the crime victim assistance coordinator for the status of the case | ||
and information about victims' rights."; | ||
(5) stating the rights of victims of crime under | ||
Section 57.002; | ||
(6) summarizing each procedural stage in the | ||
processing of a juvenile case, including preliminary | ||
investigation, detention, informal adjustment of a case, | ||
disposition hearings, release proceedings, restitution, and | ||
appeals; | ||
(7) suggesting steps the victim may take if the victim | ||
is subjected to threats or intimidation; | ||
(8) stating the case number and assigned court for the | ||
case; and | ||
(9) stating that the victim has the right to file a | ||
victim impact statement and to have it considered in juvenile | ||
proceedings. | ||
SECTION 2.35. Section 85.025(b-3), Family Code, is amended | ||
to read as follows: | ||
(b-3) Subsection (b) does not apply to a protective order | ||
issued under Subchapter A, Chapter 7B [ |
||
Procedure. | ||
SECTION 2.36. Section 102.008(b), Family Code, is amended | ||
to read as follows: | ||
(b) The petition must include: | ||
(1) a statement that the court in which the petition is | ||
filed has continuing, exclusive jurisdiction or that no court has | ||
continuing jurisdiction of the suit; | ||
(2) the name and date of birth of the child, except | ||
that if adoption of a child is requested, the name of the child may | ||
be omitted; | ||
(3) the full name of the petitioner and the | ||
petitioner's relationship to the child or the fact that no | ||
relationship exists; | ||
(4) the names of the parents, except in a suit in which | ||
adoption is requested; | ||
(5) the name of the managing conservator, if any, or | ||
the child's custodian, if any, appointed by order of a court of | ||
another state or country; | ||
(6) the names of the guardians of the person and estate | ||
of the child, if any; | ||
(7) the names of possessory conservators or other | ||
persons, if any, having possession of or access to the child under | ||
an order of the court; | ||
(8) the name of an alleged father of the child or a | ||
statement that the identity of the father of the child is unknown; | ||
(9) a full description and statement of value of all | ||
property owned or possessed by the child; | ||
(10) a statement describing what action the court is | ||
requested to take concerning the child and the statutory grounds on | ||
which the request is made; | ||
(11) a statement as to whether, in regard to a party to | ||
the suit or a child of a party to the suit: | ||
(A) there is in effect: | ||
(i) a protective order under Title 4; | ||
(ii) a protective order under Subchapter A, | ||
Chapter 7B [ |
||
(iii) an order for emergency protection | ||
under Article 17.292, Code of Criminal Procedure; or | ||
(B) an application for an order described by | ||
Paragraph (A) is pending; and | ||
(12) any other information required by this title. | ||
SECTION 2.37. Section 160.6035(a), Family Code, is amended | ||
to read as follows: | ||
(a) The petition in a proceeding to adjudicate parentage | ||
must include a statement as to whether, in regard to a party to the | ||
proceeding or a child of a party to the proceeding: | ||
(1) there is in effect: | ||
(A) a protective order under Title 4; | ||
(B) a protective order under Subchapter A, | ||
Chapter 7B [ |
||
(C) an order for emergency protection under | ||
Article 17.292, Code of Criminal Procedure; or | ||
(2) an application for an order described by | ||
Subdivision (1) is pending. | ||
SECTION 2.38. Section 41.310(c), Government Code, is | ||
amended to read as follows: | ||
(c) The counsellor, in consultation with the board of | ||
directors, shall notify the foreperson [ |
||
grand jury, in the manner provided by Article 20A.051 [ |
||
of Criminal Procedure, if: | ||
(1) the counsellor receives credible evidence of | ||
illegal or improper conduct by Texas Juvenile Justice Department | ||
officers, employees, or contractors that the counsellor reasonably | ||
believes jeopardizes the health, safety, and welfare of children in | ||
the custody of that department; | ||
(2) the counsellor reasonably believes the conduct: | ||
(A) could constitute an offense described by | ||
Article 104.003(a), Code of Criminal Procedure; and | ||
(B) involves the alleged physical or sexual abuse | ||
of a child in the custody of a Texas Juvenile Justice Department | ||
facility or an investigation related to the alleged abuse; and | ||
(3) the counsellor has reason to believe that | ||
information concerning the conduct has not previously been | ||
presented to the appropriate grand jury. | ||
SECTION 2.39. Section 53.002(g), Government Code, is | ||
amended to read as follows: | ||
(g) The judge of each district court in Tarrant County that | ||
gives preference to criminal cases and the judge of each criminal | ||
district court in Tarrant County may appoint two persons to serve as | ||
bailiffs. Notwithstanding Section 53.071 or Article 19A.301 | ||
[ |
||
courts in Tarrant County that give preference to criminal cases and | ||
the criminal district courts in Tarrant County may appoint one | ||
bailiff for each grand jury. | ||
SECTION 2.40. Section 61.003(a), Government Code, is | ||
amended to read as follows: | ||
(a) Each person who reports for jury service shall be | ||
personally provided a form letter that when signed by the person | ||
directs the county treasurer to donate all, or a specific amount | ||
designated by the person, of the person's daily reimbursement under | ||
this chapter to: | ||
(1) the compensation to victims of crime fund | ||
established under Subchapter J [ |
||
Criminal Procedure; | ||
(2) the child welfare, child protective services, or | ||
child services board of the county appointed under Section 264.005, | ||
Family Code, that serves abused and neglected children; | ||
(3) any program selected by the commissioners court | ||
that is operated by a public or private nonprofit organization and | ||
that provides shelter and services to victims of family violence; | ||
(4) any other program approved by the commissioners | ||
court of the county, including a program established under Article | ||
56A.205 [ |
||
psychological counseling in criminal cases involving graphic | ||
evidence or testimony; or | ||
(5) a veterans court program established by the | ||
commissioners court as provided by Chapter 124. | ||
SECTION 2.41. Section 76.016, Government Code, is amended | ||
to read as follows: | ||
Sec. 76.016. VICTIM NOTIFICATION. (a) A department, using | ||
the name and address provided by the attorney representing the | ||
state under Article 56A.454(b) [ |
||
Procedure, shall immediately notify a victim of the defendant's | ||
crime or, if the victim has a guardian or is deceased, notify the | ||
guardian of the victim or close relative of the deceased victim of: | ||
(1) the fact that the defendant has been placed on | ||
community supervision; | ||
(2) the conditions of community supervision imposed on | ||
the defendant by the court; and | ||
(3) the date, time, and location of any hearing or | ||
proceeding at which the conditions of the defendant's community | ||
supervision may be modified or the defendant's placement on | ||
community supervision may be revoked or terminated. | ||
(b) In this section, "close relative of a deceased victim," | ||
"guardian of a victim," and "victim" have the meanings assigned by | ||
Article 56A.001 [ |
||
SECTION 2.42. Section 402.0213(a), Government Code, is | ||
amended to read as follows: | ||
(a) The office of the attorney general may use | ||
videoconferencing technology: | ||
(1) as a substitute for personal appearances in civil | ||
and criminal proceedings, as approved by the court; and | ||
(2) for any proceeding, conference, or training | ||
conducted by an employee of the office of the attorney general whose | ||
duties include the implementation of Chapters 56A and 56B and | ||
Subchapter B, Chapter 58 [ |
||
Chapter 57, Family Code. | ||
SECTION 2.43. Section 402.038(b), Government Code, is | ||
amended to read as follows: | ||
(b) To address matters related to border security and | ||
organized crime, the transnational and organized crime division | ||
shall: | ||
(1) establish within the division a prosecution unit | ||
to provide critical assistance to local prosecutors; | ||
(2) using existing funds, establish within the | ||
division a trafficking of persons unit to: | ||
(A) assist local law enforcement agencies and | ||
local prosecutors in investigating and prosecuting trafficking of | ||
persons and related crimes; and | ||
(B) work with the appropriate local and state | ||
agencies to identify victims of trafficking of persons and to | ||
provide the types of assistance available for those victims under | ||
Chapters 56A and 56B and Subchapter B, Chapter 58 [ |
||
Criminal Procedure; and | ||
(3) develop initiatives to provide greater state | ||
assistance, support, and coordination among state law enforcement | ||
agencies, local law enforcement agencies, and local prosecutors. | ||
SECTION 2.44. Section 411.209(e), Government Code, is | ||
amended to read as follows: | ||
(e) A civil penalty collected by the attorney general under | ||
this section shall be deposited to the credit of the compensation to | ||
victims of crime fund established under Subchapter J [ |
||
56B [ |
||
SECTION 2.45. Section 420.051, Government Code, is amended | ||
to read as follows: | ||
Sec. 420.051. ADVOCATES FOR SURVIVORS OF SEXUAL | ||
ASSAULT. An individual may act as an advocate for survivors of | ||
sexual assault for the purposes of Subchapter H, Chapter 56A | ||
[ |
||
completed a sexual assault training program certified by the | ||
attorney general and is an employee or volunteer of a sexual assault | ||
program. | ||
SECTION 2.46. Section 495.027(c), Government Code, is | ||
amended to read as follows: | ||
(c) The department shall transfer 50 percent of all | ||
commissions paid to the department by a vendor under this section to | ||
the compensation to victims of crime fund established by Subchapter | ||
J [ |
||
50 percent to the credit of the undedicated portion of the general | ||
revenue fund, except that the department shall transfer the first | ||
$10 million of the commissions collected in any given year under a | ||
contract awarded under this section to the compensation to victims | ||
of crime fund established by Subchapter J [ |
||
Code of Criminal Procedure. This section does not reduce any | ||
appropriation to the department. | ||
SECTION 2.47. Section 501.174, Government Code, is amended | ||
to read as follows: | ||
Sec. 501.174. DEPARTMENT TO ADOPT POLICY. The department | ||
shall adopt a policy providing for: | ||
(1) a designated administrator at each correctional | ||
facility to post information throughout the facility describing how | ||
an inmate may confidentially contact the ombudsperson regarding a | ||
sexual assault; | ||
(2) an inmate to write a confidential letter to the | ||
ombudsperson regarding a sexual assault; | ||
(3) employees at correctional facilities, on | ||
notification of the occurrence of a sexual assault, to immediately: | ||
(A) contact the ombudsperson and the office of | ||
the inspector general; and | ||
(B) ensure that the alleged victim is safe; | ||
(4) the office of the inspector general, at the time | ||
the office is notified of the sexual assault, to arrange for a | ||
medical examination of the alleged victim to be conducted in | ||
accordance with Subchapter F, Chapter 56A [ |
||
Criminal Procedure, or, if an appropriate employee of the office of | ||
the inspector general is not available at the time the office is | ||
notified of the sexual assault, a qualified employee at the | ||
correctional facility to conduct a medical examination of the | ||
alleged victim in accordance with that subchapter [ |
||
|
||
(5) a grievance proceeding under Section 501.008 based | ||
on an alleged sexual assault to be exempt from any deadline | ||
applicable to grievances initiated under that section; and | ||
(6) each correctional facility to collect statistics | ||
on all alleged sexual assaults against inmates confined in the | ||
facility and to report the statistics to the ombudsperson. | ||
SECTION 2.48. Section 508.191(c), Government Code, is | ||
amended to read as follows: | ||
(c) In this section, "victim" has the meaning assigned by | ||
Article 56A.001 [ |
||
SECTION 2.49. Sections 552.132(a), (c), and (d), Government | ||
Code, are amended to read as follows: | ||
(a) Except as provided by Subsection (d), in this section, | ||
"crime victim or claimant" means a victim or claimant under | ||
[ |
||
has filed an application for compensation under that chapter | ||
[ |
||
(c) If the crime victim or claimant is awarded compensation | ||
under Article 56B.103 or 56B.104 [ |
||
Procedure, as of the date of the award of compensation, the name of | ||
the crime victim or claimant and the amount of compensation awarded | ||
to that crime victim or claimant are public information and are not | ||
excepted from the requirements of Section 552.021. | ||
(d) An employee of a governmental body who is also a victim | ||
under [ |
||
regardless of whether the employee has filed an application for | ||
compensation under that chapter [ |
||
allow public access to information held by the attorney general's | ||
office or other governmental body that would identify or tend to | ||
identify the victim, including a photograph or other visual | ||
representation of the victim. An election under this subsection | ||
must be made in writing on a form developed by the governmental | ||
body, be signed by the employee, and be filed with the governmental | ||
body before the third anniversary of the latest to occur of one of | ||
the following: | ||
(1) the date the crime was committed; | ||
(2) the date employment begins; or | ||
(3) the date the governmental body develops the form | ||
and provides it to employees. | ||
SECTION 2.50. Sections 552.1325(a)(1) and (2), Government | ||
Code, are amended to read as follows: | ||
(1) "Crime victim" means a person who is a victim as | ||
defined by Article 56B.003 [ |
||
(2) "Victim impact statement" means a victim impact | ||
statement under Subchapter D, Chapter 56A [ |
||
Criminal Procedure. | ||
SECTION 2.51. Section 752.056(d), Government Code, is | ||
amended to read as follows: | ||
(d) A civil penalty collected under this section shall be | ||
deposited to the credit of the compensation to victims of crime fund | ||
established under Subchapter J [ |
||
Criminal Procedure. | ||
SECTION 2.52. Section 2009.053(a), Government Code, is | ||
amended to read as follows: | ||
(a) A governmental body may appoint a governmental officer | ||
or employee or a private individual to serve as an impartial third | ||
party in an alternative dispute resolution procedure. The | ||
governmental body's appointment of the impartial third party is | ||
subject to the approval of the parties, except: | ||
(1) that when a State Office of Administrative | ||
Hearings administrative law judge has issued an order referring a | ||
case involving a state agency to an alternative dispute resolution | ||
procedure under Section 2003.042(a)(5), the administrative law | ||
judge may appoint the impartial third party for the parties if they | ||
cannot agree on an impartial third party within a reasonable | ||
period; or | ||
(2) for a victim-offender mediation by the Texas | ||
Department of Criminal Justice as described in Article 56A.602 | ||
[ |
||
SECTION 2.53. Section 181.059, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 181.059. CRIME VICTIM COMPENSATION. This chapter does | ||
not apply to any person or entity in connection with providing, | ||
administering, supporting, or coordinating any of the benefits | ||
regarding compensation to victims of crime as provided by | ||
[ |
||
SECTION 2.54. Section 323.004(b), Health and Safety Code, | ||
is amended to read as follows: | ||
(b) A health care facility providing care to a sexual | ||
assault survivor shall provide the survivor with: | ||
(1) subject to Subsection (b-1), a forensic medical | ||
examination in accordance with Subchapter B, Chapter 420, | ||
Government Code, if the examination has been requested by a law | ||
enforcement agency under Subchapter F, Chapter 56A [ |
||
Code of Criminal Procedure, or is conducted under Subchapter G, | ||
Chapter 56A [ |
||
(2) a private area, if available, to wait or speak with | ||
the appropriate medical, legal, or sexual assault crisis center | ||
staff or volunteer until a physician, nurse, or physician assistant | ||
is able to treat the survivor; | ||
(3) access to a sexual assault program advocate, if | ||
available, as provided by Subchapter H, Chapter 56A [ |
||
|
||
(4) the information form required by Section 323.005; | ||
(5) a private treatment room, if available; | ||
(6) if indicated by the history of contact, access to | ||
appropriate prophylaxis for exposure to sexually transmitted | ||
infections; and | ||
(7) the name and telephone number of the nearest | ||
sexual assault crisis center. | ||
SECTION 2.55. Section 323.005(a), Health and Safety Code, | ||
is amended to read as follows: | ||
(a) The department shall develop a standard information | ||
form for sexual assault survivors that must include: | ||
(1) a detailed explanation of the forensic medical | ||
examination required to be provided by law, including a statement | ||
that photographs may be taken of the genitalia; | ||
(2) information regarding treatment of sexually | ||
transmitted infections and pregnancy, including: | ||
(A) generally accepted medical procedures; | ||
(B) appropriate medications; and | ||
(C) any contraindications of the medications | ||
prescribed for treating sexually transmitted infections and | ||
preventing pregnancy; | ||
(3) information regarding drug-facilitated sexual | ||
assault, including the necessity for an immediate urine test for | ||
sexual assault survivors who may have been involuntarily drugged; | ||
(4) information regarding crime victims compensation, | ||
including: | ||
(A) a statement that: | ||
(i) a law enforcement agency will pay for | ||
the forensic portion of an examination requested by the agency | ||
under Subchapter F, Chapter 56A [ |
||
Procedure, and for the evidence collection kit; or | ||
(ii) the Department of Public Safety will | ||
pay the appropriate fees for the forensic portion of an examination | ||
conducted under Subchapter G, Chapter 56A [ |
||
Criminal Procedure, and for the evidence collection kit; and | ||
(B) reimbursement information for the medical | ||
portion of the examination; | ||
(5) an explanation that consent for the forensic | ||
medical examination may be withdrawn at any time during the | ||
examination; | ||
(6) the name and telephone number of sexual assault | ||
crisis centers statewide; and | ||
(7) information regarding postexposure prophylaxis | ||
for HIV infection. | ||
SECTION 2.56. Section 241.007(e), Human Resources Code, is | ||
amended to read as follows: | ||
(e) The chief inspector general of the office of inspector | ||
general, at the direction of the board of directors of the special | ||
prosecution unit, shall notify the foreperson [ |
||
appropriate grand jury, in the manner provided by Article 20A.051 | ||
[ |
||
(1) the chief inspector general receives credible | ||
evidence of illegal or improper conduct by department officers, | ||
employees, or contractors that the inspector general reasonably | ||
believes jeopardizes the health, safety, and welfare of children in | ||
the custody of the department; | ||
(2) the chief inspector general reasonably believes | ||
the conduct: | ||
(A) could constitute an offense under Article | ||
104.003(a), Code of Criminal Procedure; and | ||
(B) involves the alleged physical or sexual abuse | ||
of a child in the custody of a department facility or an | ||
investigation related to the alleged abuse; and | ||
(3) the chief inspector general has reason to believe | ||
that information concerning the conduct has not previously been | ||
presented to the appropriate grand jury. | ||
SECTION 2.57. Section 1701.253(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) In establishing requirements under this section, the | ||
commission shall require courses and programs to provide training | ||
in: | ||
(1) the investigation and documentation of cases that | ||
involve: | ||
(A) child abuse or neglect; | ||
(B) family violence; and | ||
(C) sexual assault; | ||
(2) issues concerning sex offender characteristics; | ||
and | ||
(3) crime victims' rights under Chapter 56A [ |
||
of Criminal Procedure, and Chapter 57, Family Code, and the duty of | ||
law enforcement agencies to ensure that a victim is afforded those | ||
rights. | ||
SECTION 2.58. Section 25.07(a), Penal Code, is amended to | ||
read as follows: | ||
(a) A person commits an offense if, in violation of a | ||
condition of bond set in a family violence, sexual assault or abuse, | ||
stalking, or trafficking case and related to the safety of a victim | ||
or the safety of the community, an order issued under Subchapter A, | ||
Chapter 7B [ |
||
Article 17.292, Code of Criminal Procedure, an order issued under | ||
Section 6.504, Family Code, Chapter 83, Family Code, if the | ||
temporary ex parte order has been served on the person, Chapter 85, | ||
Family Code, or Subchapter F, Chapter 261, Family Code, or an order | ||
issued by another jurisdiction as provided by Chapter 88, Family | ||
Code, the person knowingly or intentionally: | ||
(1) commits family violence or an act in furtherance | ||
of an offense under Section 20A.02, 22.011, 22.021, or 42.072; | ||
(2) communicates: | ||
(A) directly with a protected individual or a | ||
member of the family or household in a threatening or harassing | ||
manner; | ||
(B) a threat through any person to a protected | ||
individual or a member of the family or household; or | ||
(C) in any manner with the protected individual | ||
or a member of the family or household except through the person's | ||
attorney or a person appointed by the court, if the violation is of | ||
an order described by this subsection and the order prohibits any | ||
communication with a protected individual or a member of the family | ||
or household; | ||
(3) goes to or near any of the following places as | ||
specifically described in the order or condition of bond: | ||
(A) the residence or place of employment or | ||
business of a protected individual or a member of the family or | ||
household; or | ||
(B) any child care facility, residence, or school | ||
where a child protected by the order or condition of bond normally | ||
resides or attends; | ||
(4) possesses a firearm; | ||
(5) harms, threatens, or interferes with the care, | ||
custody, or control of a pet, companion animal, or assistance | ||
animal that is possessed by a person protected by the order or | ||
condition of bond; or | ||
(6) removes, attempts to remove, or otherwise tampers | ||
with the normal functioning of a global positioning monitoring | ||
system. | ||
SECTION 2.59. Section 25.071(a), Penal Code, is amended to | ||
read as follows: | ||
(a) A person commits an offense if, in violation of an order | ||
issued under Subchapter C, Chapter 7B [ |
||
Criminal Procedure, the person knowingly or intentionally: | ||
(1) commits an offense under Title 5 or Section 28.02, | ||
28.03, or 28.08 and commits the offense because of bias or prejudice | ||
as described by Article 42.014, Code of Criminal Procedure; | ||
(2) communicates: | ||
(A) directly with a protected individual in a | ||
threatening or harassing manner; | ||
(B) a threat through any person to a protected | ||
individual; or | ||
(C) in any manner with the protected individual, | ||
if the order prohibits any communication with a protected | ||
individual; or | ||
(3) goes to or near the residence or place of | ||
employment or business of a protected individual. | ||
SECTION 2.60. Section 46.04(c), Penal Code, is amended to | ||
read as follows: | ||
(c) A person, other than a peace officer, as defined by | ||
Section 1.07, actively engaged in employment as a sworn, full-time | ||
paid employee of a state agency or political subdivision, who is | ||
subject to an order issued under Section 6.504 or Chapter 85, Family | ||
Code, under Article 17.292 or Subchapter A, Chapter 7B [ |
||
Criminal Procedure, or by another jurisdiction as provided by | ||
Chapter 88, Family Code, commits an offense if the person possesses | ||
a firearm after receiving notice of the order and before expiration | ||
of the order. | ||
SECTION 2.61. Section 77.051(a), Property Code, is amended | ||
to read as follows: | ||
(a) Notwithstanding the confidentiality provisions of | ||
Subchapters C, D, E, and F, Chapter 58 [ |
||
|
||
an unclaimed restitution payment that is presumed abandoned under | ||
Section 76.013 or 508.322, Government Code, shall file a property | ||
report with the comptroller on or before the following July 1. The | ||
comptroller may prescribe the form to be used for the report | ||
required by this section and may require the report to be filed | ||
electronically. | ||
SECTION 2.62. Section 77.252(a), Property Code, is amended | ||
to read as follows: | ||
(a) Except as provided by Subsection (b) and Chapter 56B | ||
[ |
||
victims of crime auxiliary fund may only be used to pay claims as | ||
provided by this chapter and is not available for any other | ||
purpose. Section 403.095, Government Code, does not apply to the | ||
fund. | ||
SECTION 2.63. Sections 92.0161(c) and (c-1), Property Code, | ||
are amended to read as follows: | ||
(c) If the tenant is a victim or a parent or guardian of a | ||
victim of sexual assault under Section 22.011, Penal Code, | ||
aggravated sexual assault under Section 22.021, Penal Code, | ||
indecency with a child under Section 21.11, Penal Code, sexual | ||
performance by a child under Section 43.25, Penal Code, continuous | ||
sexual abuse of a child under Section 21.02, Penal Code, or an | ||
attempt to commit any of the foregoing offenses under Section | ||
15.01, Penal Code, that takes place during the preceding six-month | ||
period on the premises or at any dwelling on the premises, the | ||
tenant shall provide to the landlord or the landlord's agent a copy | ||
of: | ||
(1) documentation of the assault or abuse, or | ||
attempted assault or abuse, of the victim from a licensed health | ||
care services provider who examined the victim; | ||
(2) documentation of the assault or abuse, or | ||
attempted assault or abuse, of the victim from a licensed mental | ||
health services provider who examined or evaluated the victim; | ||
(3) documentation of the assault or abuse, or | ||
attempted assault or abuse, of the victim from an individual | ||
authorized under Chapter 420, Government Code, who provided | ||
services to the victim; or | ||
(4) documentation of a protective order issued under | ||
Subchapter A, Chapter 7B [ |
||
for a temporary ex parte order. | ||
(c-1) If the tenant is a victim or a parent or guardian of a | ||
victim of stalking under Section 42.072, Penal Code, that takes | ||
place during the preceding six-month period on the premises or at | ||
any dwelling on the premises, the tenant shall provide to the | ||
landlord or the landlord's agent a copy of: | ||
(1) documentation of a protective order issued under | ||
Subchapter A or B, Chapter 7B [ |
||
Procedure, except for a temporary ex parte order; or | ||
(2) documentation of the stalking from a provider of | ||
services described by Subsection (c)(1), (2), or (3) and: | ||
(A) a law enforcement incident report or, if a | ||
law enforcement incident report is unavailable, another record | ||
maintained in the ordinary course of business by a law enforcement | ||
agency; and | ||
(B) if the report or record described by | ||
Paragraph (A) identifies the victim by means of a pseudonym, as | ||
defined by Article 58.001 [ |
||
copy of a pseudonym form completed and returned under Article | ||
58.152(a) [ |
||
SECTION 2.64. Section 11.43(j), Tax Code, is amended to | ||
read as follows: | ||
(j) In addition to the items required by Subsection (f), an | ||
application for a residence homestead exemption prescribed by the | ||
comptroller and authorized by Section 11.13 must: | ||
(1) list each owner of the residence homestead and the | ||
interest of each owner; | ||
(2) state that the applicant does not claim an | ||
exemption under that section on another residence homestead in this | ||
state or claim a residence homestead exemption on a residence | ||
homestead outside this state; | ||
(3) state that each fact contained in the application | ||
is true; | ||
(4) include a copy of the applicant's driver's license | ||
or state-issued personal identification certificate unless the | ||
applicant: | ||
(A) is a resident of a facility that provides | ||
services related to health, infirmity, or aging; or | ||
(B) is certified for participation in the address | ||
confidentiality program administered by the attorney general under | ||
Subchapter B [ |
||
(5) state that the applicant has read and understands | ||
the notice of the penalties required by Subsection (f); and | ||
(6) be signed by the applicant. | ||
SECTION 2.65. Section 25.025(a), Tax Code, as amended by | ||
Chapters 34 (S.B. 1576), 41 (S.B. 256), 193 (S.B. 510), 1006 (H.B. | ||
1278), and 1145 (H.B. 457), Acts of the 85th Legislature, Regular | ||
Session, 2017, is reenacted and amended to read as follows: | ||
(a) This section applies only to: | ||
(1) a current or former peace officer as defined by | ||
Article 2.12, Code of Criminal Procedure, and the spouse or | ||
surviving spouse of the peace officer; | ||
(2) the adult child of a current peace officer as | ||
defined by Article 2.12, Code of Criminal Procedure; | ||
(3) a county jailer as defined by Section 1701.001, | ||
Occupations Code; | ||
(4) an employee of the Texas Department of Criminal | ||
Justice; | ||
(5) a commissioned security officer as defined by | ||
Section 1702.002, Occupations Code; | ||
(6) an individual who shows that the individual, the | ||
individual's child, or another person in the individual's household | ||
is a victim of family violence as defined by Section 71.004, Family | ||
Code, by providing: | ||
(A) a copy of a protective order issued under | ||
Chapter 85, Family Code, or a magistrate's order for emergency | ||
protection issued under Article 17.292, Code of Criminal Procedure; | ||
or | ||
(B) other independent documentary evidence | ||
necessary to show that the individual, the individual's child, or | ||
another person in the individual's household is a victim of family | ||
violence; | ||
(7) [ |
||
the individual's child, or another person in the individual's | ||
household is a victim of sexual assault or abuse, stalking, or | ||
trafficking of persons by providing: | ||
(A) a copy of a protective order issued under | ||
Subchapter A or B, Chapter 7B [ |
||
Procedure, or a magistrate's order for emergency protection issued | ||
under Article 17.292, Code of Criminal Procedure; or | ||
(B) other independent documentary evidence | ||
necessary to show that the individual, the individual's child, or | ||
another person in the individual's household is a victim of sexual | ||
assault or abuse, stalking, or trafficking of persons; | ||
(8) [ |
||
confidentiality program administered by the attorney general under | ||
Subchapter B [ |
||
provides proof of certification under Article 58.059 [ |
||
of Criminal Procedure; | ||
(9) [ |
||
spouse of a federal judge or state judge; | ||
(10) a current or former district attorney, criminal | ||
district attorney, or county or municipal attorney whose | ||
jurisdiction includes any criminal law or child protective services | ||
matters; | ||
(11) [ |
||
attorney, criminal district attorney, or county or municipal | ||
attorney whose jurisdiction includes any criminal law or child | ||
protective services matters; | ||
(12) [ |
||
supervision and corrections department established under Chapter | ||
76, Government Code, who performs a duty described by Section | ||
76.004(b) of that code; | ||
(13) [ |
||
States as described by Article 2.122(a), Code of Criminal | ||
Procedure; | ||
(14) [ |
||
United States Federal Protective Service; | ||
(15) [ |
||
or assistant United States attorney and the spouse and child of the | ||
attorney; | ||
(16) [ |
||
of the attorney general who is or was assigned to a division of that | ||
office the duties of which involve law enforcement; | ||
(17) [ |
||
forensic analysis or testing who is employed by this state or one or | ||
more political subdivisions of this state; | ||
(18) [ |
||
States armed forces who has served in an area that the president of | ||
the United States by executive order designates for purposes of 26 | ||
U.S.C. Section 112 as an area in which armed forces of the United | ||
States are or have engaged in combat; | ||
(19) [ |
||
Juvenile Justice Department or of the predecessors in function of | ||
the department; | ||
(20) [ |
||
supervision officer certified by the Texas Juvenile Justice | ||
Department, or the predecessors in function of the department, | ||
under Title 12, Human Resources Code; | ||
(21) [ |
||
justice program or facility, as those terms are defined by Section | ||
261.405, Family Code; [ |
||
(22) [ |
||
Civil Commitment Office or the predecessor in function of the | ||
office or a division of the office; and | ||
(23) [ |
||
judge or state judge. | ||
ARTICLE 3. REPEALER | ||
SECTION 3.01. The following provisions of the Code of | ||
Criminal Procedure are repealed: | ||
(1) Articles 6.08 and 6.09; and | ||
(2) Chapters 7A, 19, 20, 54, 56, 57, 57A, 57B, 57C, and | ||
57D. | ||
ARTICLE 4. GENERAL MATTERS | ||
SECTION 4.01. This Act is enacted under Section 43, Article | ||
III, Texas Constitution. This Act is intended as a codification | ||
only, and no substantive change in the law is intended by this Act. | ||
SECTION 4.02. (a) Chapter 311, Government Code (Code | ||
Construction Act), applies to the construction of each provision in | ||
the Code of Criminal Procedure that is enacted under Section 43, | ||
Article III, Texas Constitution (authorizing the continuing | ||
statutory revision program), in the same manner as to a code enacted | ||
under the continuing statutory revision program, except as | ||
otherwise expressly provided by the Code of Criminal Procedure. | ||
(b) A reference in a law to a statute or a part of a statute | ||
in the Code of Criminal Procedure enacted under Section 43, Article | ||
III, Texas Constitution (authorizing the continuing statutory | ||
revision program), is considered to be a reference to the part of | ||
that code that revises that statute or part of that statute. | ||
SECTION 4.03. This Act takes effect January 1, 2021. |