Bill Summary – FastDemocracy

      
            S.B. No. 1401
         
               AN ACT
            
            relating to the rights of victims of sexual assault and to certain 
         
            procedures and reimbursements occurring with respect to a sexual 
         
            assault or other sex offense.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Article 38.435, Code of Criminal Procedure, is 
         
            amended to read as follows:
         
                   Art. 38.435.  PROHIBITED USE OF EVIDENCE FROM FORENSIC 
         
            MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL 
         
            ASSAULT.  Evidence collected during a forensic medical examination 
         
            conducted under Subchapter [F or] G, Chapter 56A, may not be used to 
         
            investigate or prosecute a misdemeanor offense, or an offense under 
         
            Subchapter D, Chapter 481, Health and Safety Code, alleged to have 
         
            been committed by the victim from whom the evidence was collected.
         
                   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:
         
                               (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: 
         
                               (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;
         
            [under Article 56A.252 for a victim of an alleged sexual assault,] 
         
            and
         
                               (C)  when requested, providing a [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 
         
            avai
Statutes affected: 
Introduced: Family Code 323.004, Government Code 501.174, Health and Safety Code 241.1031, Health and Safety Code 323.004, Health and Safety Code 323.005, Health and Safety Code 323.0051, Health and Safety Code 323.0052, Health and Safety Code 323.054, Occupations Code 153.003 (Government Code 501, Health and Safety Code 241, Occupations Code 153, Family Code 323, Health and Safety Code 323)
Senate Committee Report: Family Code 323.004, Government Code 501.174, Health and Safety Code 241.1031, Health and Safety Code 323.004, Health and Safety Code 323.005, Health and Safety Code 323.0051, Health and Safety Code 323.0052, Health and Safety Code 323.054, Occupations Code 153.003 (Government Code 501, Health and Safety Code 241, Occupations Code 153, Family Code 323, Health and Safety Code 323)
Engrossed: Family Code 57.002, Government Code 501.174, Health and Safety Code 241.1031, Health and Safety Code 323.004, Health and Safety Code 323.005, Health and Safety Code 323.0051, Health and Safety Code 323.0052, Health and Safety Code 323.054, Occupations Code 153.003 (Government Code 501, Health and Safety Code 241, Occupations Code 153, Family Code 57, Family Code 323, Health and Safety Code 323)
House Committee Report: Family Code 57.002, Government Code 501.174, Health and Safety Code 241.1031, Health and Safety Code 323.004, Health and Safety Code 323.005, Health and Safety Code 323.0051, Health and Safety Code 323.0052, Health and Safety Code 323.054, Occupations Code 153.003 (Government Code 501, Health and Safety Code 241, Occupations Code 153, Family Code 57, Family Code 323, Health and Safety Code 323)
Enrolled: Family Code 57.002, Government Code 501.174, Health and Safety Code 241.1031, Health and Safety Code 323.004, Health and Safety Code 323.005, Health and Safety Code 323.0051, Health and Safety Code 323.0052, Health and Safety Code 323.054, Occupations Code 153.003 (Government Code 501, Health and Safety C




	AN ACT
	relating to the rights of victims of sexual assault and to certain
	procedures and reimbursements occurring with respect to a sexual
	assault or other sex offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Article 38.435, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 38.435. PROHIBITED USE OF EVIDENCE FROM FORENSIC
	MEDICAL EXAMINATION PERFORMED ON VICTIM OF SEXUAL
	ASSAULT. Evidence collected during a forensic medical examination
	conducted under Subchapter [~~F or~~] G, Chapter 56A, may not be used to
	investigate or prosecute a misdemeanor offense, or an offense under
	Subchapter D, Chapter 481, Health and Safety Code, alleged to have
	been committed by the victim from whom the evidence was collected.
	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:
	(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:
	(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;
	[~~under Article 56A.252 for a victim of an alleged sexual assault,~~]
	and
	(C) when requested, providing a [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
	avai Statutes affected: Introduced: Family Code 323.004, Government Code 501.174, Health and Safety Code 241.1031, Health and Safety Code 323.004, Health and Safety Code 323.005, Health and Safety Code 323.0051, Health and Safety Code 323.0052, Health and Safety Code 323.054, Occupations Code 153.003 (Government Code 501, Health and Safety Code 241, Occupations Code 153, Family Code 323, Health and Safety Code 323) Senate Committee Report: Family Code 323.004, Government Code 501.174, Health and Safety Code 241.1031, Health and Safety Code 323.004, Health and Safety Code 323.005, Health and Safety Code 323.0051, Health and Safety Code 323.0052, Health and Safety Code 323.054, Occupations Code 153.003 (Government Code 501, Health and Safety Code 241, Occupations Code 153, Family Code 323, Health and Safety Code 323) Engrossed: Family Code 57.002, Government Code 501.174, Health and Safety Code 241.1031, Health and Safety Code 323.004, Health and Safety Code 323.005, Health and Safety Code 323.0051, Health and Safety Code 323.0052, Health and Safety Code 323.054, Occupations Code 153.003 (Government Code 501, Health and Safety Code 241, Occupations Code 153, Family Code 57, Family Code 323, Health and Safety Code 323) House Committee Report: Family Code 57.002, Government Code 501.174, Health and Safety Code 241.1031, Health and Safety Code 323.004, Health and Safety Code 323.005, Health and Safety Code 323.0051, Health and Safety Code 323.0052, Health and Safety Code 323.054, Occupations Code 153.003 (Government Code 501, Health and Safety Code 241, Occupations Code 153, Family Code 57, Family Code 323, Health and Safety Code 323) Enrolled: Family Code 57.002, Government Code 501.174, Health and Safety Code 241.1031, Health and Safety Code 323.004, Health and Safety Code 323.005, Health and Safety Code 323.0051, Health and Safety Code 323.0052, Health and Safety Code 323.054, Occupations Code 153.003 (Government Code 501, Health and Safety C