Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

SB 761 seeks to enhance and enforce the rights of crime victims within the Texas criminal justice system, with a particular focus on victims of sexual assault. The legislation amends Articles 26.13 and 56A.051 of the Texas Code of Criminal Procedure to ensure victims are more thoroughly informed and consulted during the legal process.

The bill mandates that, prior to accepting a guilty or no contest plea, the court must inquire whether a victim impact statement has been returned and reviewed by the state’s attorney. It further requires that the prosecutor has notified the victim, guardian, or close relative of a deceased victim about the existence and terms of any plea bargain at least five business days before presentation to the court, or as soon as reasonably practicable. The prosecutor must also have conferred with the victim regarding the case's disposition.

Additionally, SB 761 expands victims' rights to be notified of relevant court proceedings, including appellate proceedings, through timely communication from both the prosecuting attorney and the appellate courts. It explicitly includes notification requirements if hearings are canceled or rescheduled. The bill also authorizes the imposition of civil penalties against government actors who fail to comply with these rights, thereby creating a potential enforcement mechanism to uphold the statutory protections afforded to crime victims.

This legislation reflects a broader legislative trend toward strengthening victims' involvement in the justice process, ensuring their voices are heard, and their interests considered throughout criminal prosecutions.

The Committee Substitute for SB 761 significantly narrows and simplifies the scope of the originally filed bill. While both versions aim to enhance the rights of crime victims—especially regarding timely notice and participation in plea agreements and court proceedings—the original bill proposed a much more expansive framework for enforcement and procedural protections.

In the original version, victims were given a broader set of enforceable rights, including the ability to petition courts to reset or set aside plea hearings if their rights were not respected. It also introduced mechanisms for victims or their attorneys to assert rights through injunctions, writs of mandamus, or declaratory relief. Furthermore, the bill authorized civil penalties for hospitals and healthcare providers that failed to offer access to victim advocates during forensic examinations and interviews, with the potential loss of "SAFE-ready" facility status for noncompliance.

By contrast, the Committee Substitute removes these robust enforcement provisions, opting instead for a more streamlined approach. It maintains the requirement for prosecutors to notify victims about plea bargains and court proceedings but omits the detailed procedural rights, civil penalties, and litigation avenues that characterized the original bill. The substitute version appears to prioritize administrative feasibility and reduce the potential legal exposure for state actors and healthcare institutions.

Overall, the shift from the original bill to the substitute reflects a move away from aggressive enforcement and expansion of victim rights toward a more limited, manageable update to existing procedures, while still affirming the importance of victim involvement in the justice process.

Author (1)

Juan Hinojosa

Sponsor (2)

Senfronia Thompson

Lacey Hull

Contact the Author

Sen. Juan Hinojosa

Capitol Phone:

(512) 463-0120

Capitol Office:

CAP 3E.6

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

The fiscal note prepared by the Legislative Budget Board (LBB) for SB 761 indicates that the bill is not expected to have a significant fiscal impact on the state budget. The enhancements to victims’ rights and related procedural requirements, such as ensuring timely notification and increased communication responsibilities by prosecutors, are anticipated to be manageable within the existing resources of state agencies. This suggests that the administrative burden placed on the justice system is considered minimal and can be absorbed without additional appropriations.

Likewise, the bill is not expected to impose significant costs on local governments. Although prosecutors, law enforcement agencies, and courts may experience increased obligations related to victim notifications and engagement, the LBB assumes these costs will also be absorbed with current staffing and operational capacity.

Overall, from a fiscal perspective, the bill is designed to strengthen procedural protections for crime victims without introducing substantial new costs or requiring structural changes to agency budgets. This financial neutrality could make the bill more politically palatable, especially in a session focused on fiscal restraint.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote YES on SB 761 as it meaningfully advances the rights and procedural dignity of crime victims—especially survivors of sexual assault—without overextending state authority or imposing significant fiscal or administrative burdens. The bill reinforces victims' standing in the criminal justice process by requiring that they receive timely notice of key court proceedings, including plea bargain hearings, and clarifies that victims may assert their rights individually or through legal representation. Importantly, it ensures that victims are informed early on that the prosecutor does not serve as their personal attorney, promoting transparency and autonomy.

The legislation also includes important provisions that enhance victim support during forensic medical examinations and investigative interviews, requiring access to trained advocates when available. SAFE-ready facilities that fail to meet these standards may be subject to modest civil penalties or, where applicable, a review of their designation. These enforcement mechanisms are narrow in scope, carefully tailored, and necessary to ensure compliance with long-standing legal rights that have historically lacked enforceability.

The bill reflects a balanced and responsible approach to expanding victim protections while respecting the structural limits of government and the rights of the accused. It avoids creating new liabilities for public officials and has no significant fiscal impact on state or local governments, according to the Legislative Budget Board. SB 761 aligns well with the principles of individual liberty, limited government, and personal responsibility by reinforcing victims’ roles in the justice process in a clear, focused, and non-intrusive manner.

Related Legislation

HB 1953 (Same As)

View Bill Text and Status