HBA-RBT C.S.H.B. 3765 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3765 By: Gallego Criminal Jurisprudence 4/26/1999 Committee Report (Substituted) 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. C.S.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 26.13, Code of Criminal Procedure, by adding Subsection (h), to require the attorney representing the state to consider any victim impact statement regarding the offenses that has been returned to the attorney before entering into any plea bargain agreement. SECTION 2. Amends Article 56.02, Code of Criminal Procedure, by adding Subsection (e), to require the court, before pronouncing sentence in a case, to require ask the attorney for the state to 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 3. 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 4. Amends Section 57.002, Family Code, by adding Subsection (b), to require the court, before making a disposition in a case, to require the attorney for the state to 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 5. Makes application of of this Act prospective. SECTION 6. Effective date: September 1, 1999. SECTION 7. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute differs from the original by adding a new SECTION 1, adding Article 26.13(h), Code of Criminal Procedure, which requires the attorney representing the state to consider a victim impact statement before entering into a plea bargain. The substitute redesignates SECTIONS 1-3 of the original as SECTIONS 2-4 of the substitute. Replaces SECTIONS 4 and 5 of the original bill (which made SECTIONS 1-3 of the Act prospective), with SECTION 5 of the substitute (which makes application of Title 3, Family Code, prospective). The substitute differs from the original by making nonsubstantive changes and by conforming with Legislative Council format.