Bill Text: TX SB761 | 2025-2026 | 89th Legislature | Introduced

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Bill Title: Relating to rights of crime victims and the enforcement of those rights; authorizing a civil penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-10 - Filed [SB761 Detail]

Download: Texas-2025-SB761-Introduced.html

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89R3570 AJZ-F
By: Hinojosa S.B. No. 761

A BILL TO BE ENTITLED
AN ACT
relating to rights of crime victims and the enforcement of those
rights; authorizing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 26.13(e) and (f), Code of Criminal
Procedure, are 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:
(A) given notice, at least five business days
before the date of the presentation of the agreement to the court or
otherwise as soon as reasonably practicable, 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; and
(B) conferred with the victim, guardian of a
victim, or close relative of a deceased victim regarding the
disposition of the case.
(f) The court must substantially comply with Subsection (e)
of this article. The failure of the court to comply with Subsection
(e) of this article:
(1) is not grounds for the defendant to set aside the
conviction, sentence, or plea; and
(2) is grounds for the victim, guardian of a victim, or
close relative of a deceased victim to petition the court to reset a
plea hearing or set aside the plea.
SECTION 2. Article 56A.051(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A victim, guardian of a victim, or close relative of a
deceased victim is entitled to the following rights within the
criminal justice system:
(1) the right to receive from a law enforcement agency
adequate protection from harm and threats of harm arising from
cooperation with prosecution efforts;
(2) the right to have the magistrate consider the
safety of the victim or the victim's family in setting the amount of
bail for the defendant;
(3) if requested, the right to be informed in the
manner provided by Article 56A.0525:
(A) by the attorney representing the state of
relevant court proceedings, including appellate proceedings, at
least five business days before the date of each proceeding or
otherwise as soon as reasonably practicable, and to be informed as
soon as possible if those proceedings have been canceled or
rescheduled before the event; and
(B) by an appellate court of the court's
decisions, after the decisions are entered but before the decisions
are made public;
(4) when requested, the right to be informed in the
manner provided by Article 56A.0525:
(A) by a peace officer concerning the defendant's
right to bail and the procedures in criminal investigations; and
(B) by the office of the attorney representing
the state concerning the general procedures in the criminal justice
system, including general procedures in guilty plea negotiations
and arrangements, restitution, and the appeals and parole process;
(5) the right to provide pertinent information to a
community supervision and corrections department conducting a
presentencing investigation concerning the impact of the offense on
the victim and the victim's family by testimony, written statement,
or any other manner before any sentencing of the defendant;
(6) the right to receive information, in the manner
provided by Article 56A.0525:
(A) regarding compensation to victims of crime as
provided by Chapter 56B, including information related to the costs
that may be compensated under that chapter and the amount of
compensation, eligibility for compensation, and procedures for
application for compensation under that chapter;
(B) for a victim of a sexual assault, regarding
the payment under Subchapter G for a forensic medical examination;
and
(C) when requested, providing a referral to
available social service agencies that may offer additional
assistance;
(7) the right to:
(A) be informed, on request, and in the manner
provided by Article 56A.0525, of parole procedures;
(B) participate in the parole process;
(C) provide to the board for inclusion in the
defendant's file information to be considered by the board before
the parole of any defendant convicted of any offense subject to this
chapter; and
(D) be notified in the manner provided by
Article 56A.0525, if requested, of parole proceedings concerning a
defendant in the victim's case and of the defendant's release;
(8) the right to be provided with a waiting area,
separate or secure from other witnesses, including the defendant
and relatives of the defendant, before testifying in any proceeding
concerning the defendant; if a separate waiting area is not
available, other safeguards should be taken to minimize the
victim's contact with the defendant and the defendant's relatives
and witnesses, before and during court proceedings;
(9) the right to the prompt return of any of the
victim's property that is held by a law enforcement agency or the
attorney representing the state as evidence when the property is no
longer required for that purpose;
(10) the right to have the attorney representing the
state notify the victim's employer, if requested, that the victim's
cooperation and testimony is necessary in a proceeding that may
require the victim to be absent from work for good cause;
(11) the right to request victim-offender mediation
coordinated by the victim services division of the department;
(12) the right to be informed, in the manner provided
by Article 56A.0525, of the uses of a victim impact statement and
the statement's purpose in the criminal justice system as described
by Subchapter D, to complete the victim impact statement, and to
have the victim impact statement considered:
(A) by the attorney representing the state and
the judge before sentencing or before a plea bargain agreement is
accepted; and
(B) by the board before a defendant is released
on parole;
(13) for a victim of an assault or sexual assault who
is younger than 17 years of age or whose case involves family
violence, as defined by Section 71.004, Family Code, the right to
have the court consider the impact on the victim of a continuance
requested by the defendant; if requested by the attorney
representing the state or by the defendant's attorney, the court
shall state on the record the reason for granting or denying the
continuance; and
(14) if the offense is a capital felony, the right to:
(A) receive by mail from the court a written
explanation of defense-initiated victim outreach if the court has
authorized expenditures for a defense-initiated victim outreach
specialist;
(B) not be contacted by the victim outreach
specialist unless the victim, guardian, or relative has consented
to the contact by providing a written notice to the court; and
(C) designate a victim service provider to
receive all communications from a victim outreach specialist acting
on behalf of any person.
SECTION 3. Article 56A.053, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Subject to Subsection (c), 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.
(c) A judge, attorney representing the state, peace
officer, or law enforcement agency may be subject to an injunction
or writ of mandamus to compel the judge, attorney, officer, or
agency to provide a right granted by or a service required under
this subchapter.
SECTION 4. Article 56A.0531, Code of Criminal Procedure, is
amended to read as follows:
Art. 56A.0531. ASSERTION OF RIGHTS. (a) A victim, guardian
of a victim, or close relative of a deceased victim may assert the
rights provided by this chapter either orally or in writing.
(b) The victim, guardian of a victim, close relative of a
deceased victim, the attorney representing the state, or an
attorney representing a victim, guardian of a victim, or close
relative of a deceased victim may assert a right granted by this
subchapter to the victim, guardian, or relative, or request
enforcement of the right, by filing a motion, petition for a writ of
mandamus, or action for injunctive or declaratory relief in a trial
or appellate court with jurisdiction over the case.
(c) In an appeal in a criminal case, the attorney
representing the state may assert as error the trial court's
denial, in the proceeding to which the appeal relates, of a right
granted by this subchapter to the victim, guardian of a victim, or
close relative of a deceased victim.
SECTION 5. Article 56A.351, Code of Criminal Procedure, is
amended by amending Subsection (e) and adding Subsections (f), (g),
(h), and (i) to read as follows:
(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.]
(f) An individual or entity, including a health care
facility, that is required to offer a victim the opportunity to have
an advocate from a sexual assault program be present with the victim
during the forensic medical examination shall document:
(1) whether the offer was extended to the victim;
(2) whether the advocate was available at the time of
the examination; and
(3) if the offer was not extended to the victim, the
reason the offer was not extended to the victim.
(g) An individual or entity, including a health care
facility, that does not offer a victim the opportunity to have an
advocate be present, as required by Subsection (a), or that
otherwise prevents a victim from gaining access to an advocate
described by that subsection for a reason other than the
unavailability of the advocate, is:
(1) liable to this state for a civil penalty in the
amount of $1,000 for each violation; and
(2) subject to, if the individual or entity is
designated as a SAFE-ready facility or SAFE program, as those terms
are defined by Section 323.001, Health and Safety Code, removal of
the facility's or program's designation by the Health and Human
Services Commission or Department of State Health Services, as
applicable, under Chapter 323, Health and Safety Code.
(h) The attorney general may bring an action to recover the
civil penalty imposed under Subsection (g)(1).
(i) In this article, "health care facility" includes a
hospital licensed under Chapter 241, Health and Safety Code.
SECTION 6. Article 56A.3515, Code of Criminal Procedure, is
amended by amending Subsections (a), (b), (b-1), (d), and (f) and
adding Subsection (b-2) to read as follows:
(a) Before conducting an investigative interview with a
victim reporting a sexual assault, other than a victim who is a
minor as defined by Section 101.003, Family Code, the peace officer
or other individual conducting the interview 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 interview, if the advocate is available at the
time of the interview. The advocate must have completed a sexual
assault training program described by Section 420.011(b),
Government Code.
(b) If an advocate described by Subsection (a) is not
available at the time of the interview, the peace officer or other
individual conducting the interview shall offer the victim the
opportunity to have a crime victim liaison from the law enforcement
agency, a peace officer who has completed a sexual assault training
program described by Section 420.011(b), Government Code, or a
victim's assistance counselor from a state or local agency or other
entity be present with the victim during the interview.
(b-1) The peace officer or other individual conducting an
investigative interview described by Subsection (a) shall make a
good faith effort to comply with Subsections (a) and (b), except
that the officer's or individual's compliance with those
subsections may not unreasonably delay or otherwise impede the
interview process.
(b-2) A victim has the right to have an attorney present
during an investigative interview with the victim. The attorney
may not unreasonably delay or otherwise impede the interview
process.
(d) The advocate, liaison, officer, or counselor and the
sexual assault program or other entity providing the advocate,
liaison, officer, or counselor may not unreasonably delay or
otherwise impede the interview process.
(f) An individual or entity [A peace officer or law
enforcement agency] that provides an advocate, liaison, officer, or
counselor with access to a victim reporting a sexual assault is not
subject to civil or criminal liability for providing that access.
SECTION 7. Article 56A.451, Code of Criminal Procedure, is
amended to read as follows:
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) a statement that the attorney representing the
state does not represent the victim, guardian of a victim, or close
relative of a deceased victim;
(4) suggested steps the victim may take if the victim
is subjected to threats or intimidation;
(5) [(4)] the name, address, and phone number of the
local victim assistance coordinator; and
(6) [(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:
(i) regarding compensation to victims of
crime as provided by Chapter 56B, including information relating to
the costs that may be compensated under that chapter, eligibility
for compensation, and procedures for application for compensation
under that chapter;
(ii) for a victim of a sexual assault,
regarding the payment under Subchapter G for a forensic medical
examination; and
(iii) providing a 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; and
(E) the right of a victim, guardian of a victim,
or close relative of a deceased victim to assert the rights granted
by this chapter either orally or in writing, individually or
through an attorney, as provided by Article 56A.0531.
(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 at least five business days before the date of the
presentation of a plea bargain agreement to the court or otherwise
as soon as reasonably practicable.
SECTION 8. Article 56A.452, Code of Criminal Procedure, is
amended to read as follows:
Art. 56A.452. NOTIFICATION OF SCHEDULED COURT PROCEEDINGS.
(a) If requested by the victim, the attorney representing the
state, at least five business days before the date of the court
proceeding or the filing of the continuance request or otherwise as
soon [far] as reasonably practicable [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.
(b) If requested by the victim, the attorney representing
the state shall give the victim notice of any changes in scheduled
court proceedings as soon as possible.
SECTION 9. Article 56A.453, Code of Criminal Procedure, is
amended to read as follows:
Art. 56A.453. NOTIFICATION OF PLEA BARGAIN AGREEMENT. The
attorney representing the state, at least five business days before
the date of the presentation of a plea bargain agreement to the
court or otherwise as soon [far] as reasonably practicable
[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.
SECTION 10. The change in law made by this Act applies only
to victims of criminally injurious conduct occurring on or after
the effective date of this Act. Criminally injurious conduct
occurring before the effective date of this Act is governed by the
law in effect on the date the conduct occurred, and the former law
is continued in effect for that purpose. For purposes of this
section, criminally injurious conduct occurred before the
effective date of this Act if any element of the offense underlying
the conduct occurred before that date.
SECTION 11. This Act takes effect September 1, 2025.