HBA-RBT H.B. 3765 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3765
By: Gallego
Criminal Jurisprudence
3/30/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, attorneys for the state and courts are both required to assure
that victims of crime are provided all of the rights afforded them by the
constitution and the statutes.  However, courts are not required to inquire
of attorneys for the state whether victims have, in fact, been accorded all
of the rights afforded them by law. 

H.B.  3765 requires courts to inquire of attorneys for the state whether
the victim of crime, the guardian of the victim, or the close relative of a
deceased victim have been accorded all rights afforded that person by law. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 56.02, Code of Criminal Procedure, by adding
Subsection (e), to require the court, when a plea is taken and sentence is
pronounced, to ask the attorney for the state whether the victim, the
guardian of a victim, or the close relative of a deceased victim has been
afforded all rights prescribed by this article. 

SECTION 2.  Amends Article 56.08, Code of Criminal Procedure, by adding
Subsections (e) and (f), to provide statements which must be included in
the brief general statement describing the plea bargaining stage given to a
victim.   Makes a conforming change. 

SECTION 3.  Amends Section 57.002, Family code, by adding Subsection (b),
to require the court, at an adjudication hearing and when a disposition is
made, to ask the attorney for the state whether the victim, the guardian of
a victim, or the close relative of a deceased victim has been afforded all
rights prescribed by this section. 

SECTION 4.  Makes application of SECTIONS 1 and 2 of this Act prospective.

SECTION 5.  Makes application of SECTION 3 of this Act prospective.

SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Emergency clause.