By: Hinojosa of Hidalgo	S.B. No. 1120
	Blanco, Huffman

	A BILL TO BE ENTITLED
	AN ACT
	relating to rights of a victim, guardian of a victim, or close
	relative of a deceased victim in certain criminal cases involving
	family violence, sexual or assaultive offenses, stalking, or a
	violation of a protective order or condition of bond.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 56A.001, Code of Criminal Procedure, is
	amended by adding Subdivision (4-a) and amending Subdivision (7) to
	read as follows:
	(4-a)   "Family violence" means an offense under the
	following provisions of the Penal Code if the offense is committed
	against a person whose relationship to or association with the
	defendant is described by Section 71.0021(b), 71.003, or 71.005,
	Family Code:
	(A)  Section 21.02;
	(B)  Section 21.11(a)(1);
	(C)  Section 22.01;
	(D)  Section 22.011;
	(E)  Section 22.02;
	(F)  Section 22.021;
	(G)  Section 22.04; and
	(H)  Section 25.11.
	(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]
	(vi)  family violence; or
	(vii)  stalking;
	(B)  has suffered personal injury or death as a
	result of the criminal conduct of another; or
	(C)  is the victim of an offense committed under
	Section 25.07, 25.071, 25.072, Penal Code, if a violation that is an
	element of the offense occurred through the commission of an
	assault, aggravated assault, or sexual assault or the offense of
	stalking, regardless of whether that violation occurred with
	respect to a person whose relationship to or association with the
	defendant is described by Section 71.0021(b), 71.003, or 71.005,
	Family Code.
	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, and
	to be informed if those proceedings have been canceled or
	rescheduled before the event; and
	(B)  by an appellate court of the court's
	decisions, after the decisions are entered but before the decisions
	are made public;
	(4)  when requested, the right to be informed in the
	manner provided by Article 56A.0525:
	(A)  by a peace officer concerning the defendant's
	right to bail and the procedures in criminal investigations; and
	(B)  by the office of the attorney representing
	the state concerning the general procedures in the criminal justice
	system, including general procedures in guilty plea negotiations
	and arrangements, restitution, and the appeals and parole process;
	(5)  the right to provide pertinent information to a
	community supervision and corrections department conducting a
	presentencing investigation concerning the impact of the offense on
	the victim and the victim's family by testimony, written statement,
	or any other manner before any sentencing of the defendant;
	(6)  the right to receive information, in the manner
	provided by Article 56A.0525:
	(A)  regarding compensation to victims of crime as
	provided by Chapter 56B, including information related to the costs
	that may be compensated under that chapter and the amount of
	compensation, eligibility for compensation, and procedures for
	application for compensation under that chapter;
	(B)  for a victim of a sexual assault, regarding
	the payment under Subchapter G for a forensic medical examination;
	and
	(C)  when requested, providing a referral to
	available social service agencies that may offer additional
	assistance;
	(7)  the right to:
	(A)  be informed, on request, and in the manner
	provided by Article 56A.0525, of parole procedures;
	(B)  participate in the parole process;
	(C)  provide to the board for inclusion in the
	defendant's file information to be considered by the board before
	the parole of any defendant convicted of any offense subject to this
	chapter; and
	(D)  be notified  in the manner provided by
	Article 56A.0525, if requested, of 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, aggravated 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.  The heading to Article 56A.052, Code of Criminal
	Procedure, is amended to read as follows:
	Art. 56A.052.  ADDITIONAL RIGHTS OF VICTIMS OF SEXUAL
	ASSAULT, INDECENT ASSAULT, [STALKING,] OR TRAFFICKING.
	SECTION 4.  Articles 56A.052(a), (c), and (d), Code of
	Criminal Procedure, are amended to read as follows:
	(a)  A victim, guardian of a victim, or close relative of a
	deceased victim of an offense under Section 21.02, 21.11, 22.011,
	22.012, or 22.021, [or 42.072,] Penal Code, is entitled to the
	following rights within the criminal justice system:
	(1)  if requested, the right to a disclosure of
	information, in the manner provided by Article 56A.0525, 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 on
	any evidence described by Paragraph (A);
	(2)  if requested, the right to be notified in the
	manner provided by Article 56A.0525:
	(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;
	(4)  if requested, the right to be informed about, and
	confer with the attorney representing the state regarding, the
	disposition of the offense, including sharing the victim's,
	guardian's, or relative's views regarding:
	(A)  a decision not to file charges;
	(B)  the dismissal of charges;
	(C)  the use of a pretrial intervention program;
	or
	(D)  a plea bargain agreement; and
	(5)  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 as provided by
	Subchapter G.
	(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 an offense described by Subsection
	(a), to receive any notice requested under Subsection (a)(2). This
	person may not be the person charged with the offense.
	(d)  This subsection applies only to a victim of an offense
	under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,
	[42.072,] or 43.05, Penal Code. A victim described by this
	subsection or a parent or guardian of the victim, if the victim is
	younger than 18 years of age or an adult ward, is entitled to the
	following rights within the criminal justice system:
	(1)  the right to be informed in the manner provided by
	Article 56A.0525:
	(A)  that the victim or, if the victim is younger
	than 18 years of age or an adult ward, the victim's parent or
	guardian or another adult acting on the victim's behalf 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;
	(C)  that, on request of the victim or, if the
	victim is younger than 18 years of age or an adult ward, on request
	of the victim's parent or guardian or another adult acting on the
	victim's behalf, the attorney representing the state may, subject
	to the Texas Disciplinary Rules of Professional Conduct, file the
	application for a protective order on behalf of the requestor; and
	(D)  that, subject to the Texas Disciplinary Rules
	of Professional Conduct, the attorney representing the state
	generally is required to file the application for a protective
	order with respect to the victim if the defendant is convicted of or
	placed on deferred adjudication community supervision for the
	offense;
	(2)  the right to:
	(A)  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); and
	(B)  be notified in the manner provided by Article
	56A.0525 when the attorney representing the state files an
	application for a protective order under Article 7B.001;
	(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), in the manner provided by Article
	56A.0525; 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), in the manner provided by Article
	56A.0525.
	SECTION 5.  Subchapter B, Chapter 56A, Code of Criminal
	Procedure, is amended by adding Article 56A.0521 to read as
	follows:
	Art. 56A.0521.  ADDITIONAL RIGHTS OF VICTIMS OF CERTAIN
	FAMILY VIOLENCE OFFENSES, STALKING, AND VIOLATION OF PROTECTIVE
	ORDER OR CONDITION OF BOND. (a) This article applies only to an
	offense:
	(1)  involving family violence;
	(2)  under Section 42.072, Penal Code; or
	(3)  under Section 25.07, 25.071, or 25.072, Penal
	Code, if a violation that is an element of the offense occurred
	through the commission of an assault, aggravated assault, or sexual
	assault or the offense of stalking, regardless of whether that
	violation occurred with respect to a person whose relationship to
	or association with the defendant is described by Section
	71.0021(b), 71.003, or 71.005, Family Code.
	(b)  A victim, guardian of a victim, or close relative of a
	deceased victim of an offense described by Subsection (a) 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 on
	any evidence described by Paragraph (A);
	(2)  if requested, the right to be notified 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;
	(3)  if requested, the right to be informed about, and
	confer with the attorney representing the state regarding, the
	disposition of the offense, including sharing the victim's,
	guardian's, or relative's views regarding:
	(A)  a decision not to file charges;
	(B)  the dismissal of charges;
	(C)  the use of a pretrial intervention program;
	or
	(D)  a plea bargain agreement;
	(4)  the right to be notified that the attorney
	representing the state does not represent the victim, guardian of a
	victim, or close relative of a deceased victim; and
	(5)  for an offense under Section 42.072, Penal Code,
	all of the rights provided to victims, parents, and guardians as
	described by Article 56A.052(d), for the offenses to which that
	subsection applies.
	(c)  Subject to Subsection (d), a victim, guardian of a
	victim, or close relative of a deceased victim who requests to be
	notified or receive information under Subsection (b) must:
	(1)  provide a current address and phone number to the
	attorney representing the state and the law enforcement agency that
	is investigating the offense;
	(2)  inform the attorney representing the state and the
	law enforcement agency of any change in the address or phone number;
	and
	(3)  if the victim, guardian, or relative chooses to
	receive notifications by e-mail, provide an e-mail address and
	update any change in that e-mail address.
	(d)  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 an offense described by Subsection
	(a), to receive any notice requested under Subsection (b)(2). This
	person may not be the person charged with the offense.
	(e)  If a victim of an offense described by Subsection (a) is
	also entitled to additional rights under Article 56A.052, or if a
	conflict exists between this article and Article 56A.052, that
	article controls.
	SECTION 6.  Article 56A.501, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 56A.501.  DEFINITION [DEFINITIONS]. In this
	subchapter, "correctional[:
	[(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.]
	SECTION 7.  The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 8.  This Act takes effect September 1, 2025.