83R4719 KSD-D
 
  By: Hernandez Luna H.B. No. 1065
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the right of an employee who is a victim of a crime to
  time off from work to attend court proceedings related to that
  crime.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle D, Title 2, Labor Code, is amended by
  adding Chapter 84 to read as follows:
  CHAPTER 84.  EMPLOYEE RIGHT TO ATTEND CERTAIN COURT PROCEEDINGS
         Sec. 84.001.  DEFINITIONS.  In this chapter:
               (1)  "Employee" means an individual, other than an
  independent contractor, who, for compensation, performs services
  for an employer under a written or oral contract of hire, whether
  express or implied.
               (2)  "Employer" means a person who employs one or more
  employees. The term includes a public employer.
               (3)  "Guardian" has the meaning assigned by Section
  1002.012, Estates Code.
               (4)  "Public employer" means this state and political
  subdivisions of this state, including:
                     (A)  state, county, and municipal agencies;
                     (B)  public schools, colleges, and universities;
  and
                     (C)  river authorities, publicly owned utilities,
  and other special districts.
               (5)  "Victim" means an individual who is the victim of
  the offense of sexual assault, kidnapping, aggravated robbery, or
  injury to a child, elderly individual, or disabled individual or
  who has suffered bodily injury as a result of the criminal conduct
  of another.
         Sec. 84.002.  RIGHT TO ATTEND COURT PROCEEDINGS; NOTICE TO
  EMPLOYER.  (a)  An employee who is a victim of a crime or the parent
  or guardian of a victim of a crime is entitled to time off as
  provided by this chapter to attend court proceedings related to the
  crime.
         (b)  An employee entitled to time off under this chapter
  must, not later than 24 hours before the time the employee will be
  absent from work, notify the employee's employer that the employee
  will take the time off.
         Sec. 84.003.  USE OF LEAVE TIME.  (a) An employee may be
  required by an employer to use existing vacation leave time,
  personal leave time, or compensatory leave time for the purpose of
  an absence from work authorized by this chapter, except as
  otherwise provided by a collective bargaining agreement entered
  into before September 1, 2013.
         (b)  The use of leave time under this section may not be
  restricted by a term or condition adopted under a collective
  bargaining agreement that is entered into on or after September 1,
  2013.
         Sec. 84.004.  EFFECT ON EMPLOYEE PAY.  An employer may not
  reduce the pay otherwise owed to an employee for any pay period
  lasting eight hours or less because the employee took time off
  during that pay period for the purpose of an absence from work
  authorized by this chapter.
         Sec. 84.005.  DOCUMENTATION.  (a) Except as provided by
  Subsection (b), on return to work an employee shall provide
  reasonable documentation to the employer on the employer's request
  regarding the employee's absence from work to attend court
  proceedings related to the crime of which the employee or the
  employee's child or ward was a victim.
         (b)  An employer may not require documentation under
  Subsection (a) if, under Article 56.02(a)(10), Code of Criminal
  Procedure, the attorney for the state notifies the employer of the
  victim or of the parent or guardian of the victim of the necessity
  of the victim's or parent's or guardian's cooperation and testimony
  in a proceeding that may necessitate the absence of the victim or
  parent or guardian from work.
         Sec. 84.006.  EMPLOYER RETALIATION PROHIBITED.  (a) An
  employer may not suspend or terminate the employment of, or
  otherwise discriminate against, an employee who takes time off from
  work authorized by this chapter.
         (b)  An employee whose employment is suspended or terminated
  in violation of this chapter is entitled to:
               (1)  reinstatement to the employee's former position or
  a position that is comparable in terms of compensation, benefits,
  and other conditions of employment;
               (2)  compensation for wages lost during the period of
  suspension or termination;
               (3)  reinstatement of any fringe benefits and seniority
  rights lost because of the suspension or termination; and
               (4)  if the employee brings an action to enforce this
  section and is the prevailing party, payment by the employer of
  court costs and reasonable attorney's fees.
         Sec. 84.007.  NOTICE TO EMPLOYEES.  (a) Each employer shall
  inform its employees of their rights under this chapter by posting a
  conspicuous sign in a prominent location in the employer's
  workplace.
         (b)  The Texas Workforce Commission by rule shall prescribe
  the design and content of the sign required by this section.
         SECTION 2.  Article 56.02(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 law enforcement agencies
  adequate protection from harm and threats of harm arising from
  cooperation with prosecution efforts;
               (2)  the right to have the magistrate take the safety of
  the victim or his family into consideration as an element in fixing
  the amount of bail for the accused;
               (3)  the right, if requested, 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 prior to the event; and
                     (B)  by an appellate court of decisions of the
  court, after the decisions are entered but before the decisions are
  made public;
               (4)  the right to be informed, when requested, by a
  peace officer concerning the defendant's right to bail and the
  procedures in criminal investigations and by the district
  attorney's office 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
  probation department conducting a presentencing investigation
  concerning the impact of the offense on the victim and his family by
  testimony, written statement, or any other manner prior to any
  sentencing of the offender;
               (6)  the right to receive information regarding
  compensation to victims of crime as provided by Subchapter B,
  including information related to the costs that may be compensated
  under that subchapter and the amount of compensation, eligibility
  for compensation, and procedures for application for compensation
  under that subchapter, the payment for a medical examination under
  Article 56.06 for a victim of a sexual assault, and when requested,
  to referral to available social service agencies that may offer
  additional assistance;
               (7)  the right to be informed, upon request, of parole
  procedures, to participate in the parole process, to be notified,
  if requested, of parole proceedings concerning a defendant in the
  victim's case, to provide to the Board of Pardons and Paroles for
  inclusion in the defendant's file information to be considered by
  the board prior to the parole of any defendant convicted of any
  crime subject to this subchapter, and to be notified, if requested,
  of the defendant's release;
               (8)  the right to be provided with a waiting area,
  separate or secure from other witnesses, including the offender and
  relatives of the offender, before testifying in any proceeding
  concerning the offender; if a separate waiting area is not
  available, other safeguards should be taken to minimize the
  victim's contact with the offender and the offender's relatives and
  witnesses, before and during court proceedings;
               (9)  the right to prompt return of any property of the
  victim that is held by a law enforcement agency or the attorney for
  the state as evidence when the property is no longer required for
  that purpose;
               (10)  the right to have the attorney for the state
  notify the employer of the victim or of the guardian of the victim,
  if requested, of the necessity of the victim's or guardian's 
  cooperation and testimony in a proceeding that may necessitate the
  absence of the victim or the guardian of the victim from work for
  good cause;
               (11)  the right to counseling, on request, regarding
  acquired immune deficiency syndrome (AIDS) and human
  immunodeficiency virus (HIV) infection and 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, if the offense is an offense under
  Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code;
               (12)  the right to request victim-offender mediation
  coordinated by the victim services division of the Texas Department
  of Criminal Justice;
               (13)  the right to be informed of the uses of a victim
  impact statement and the statement's purpose in the criminal
  justice system, 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 of Pardons and Paroles before an
  inmate is released on parole;
               (14)  to the extent provided by Articles 56.06 and
  56.065, for a victim of a sexual assault, the right to a forensic
  medical examination if, within 96 hours of the sexual assault, the
  assault is reported to a law enforcement agency or a forensic
  medical examination is otherwise conducted at a health care
  facility; and
               (15)  for a victim of an 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 counsel for the defendant, the court
  shall state on the record the reason for granting or denying the
  continuance.
         SECTION 3.  This Act applies only to a suspension,
  termination, or other adverse employment action that is taken by an
  employer against an employee because of an employee absence from
  work authorized under Chapter 84, Labor Code, as added by this Act,
  that occurs on or after the effective date of this Act. A
  suspension, termination, or other adverse employment action that is
  taken by an employer against an employee before the effective date
  of this Act is governed by the law in effect on the date the
  employment action is taken, and the former law is continued in
  effect for that purpose.
         SECTION 4.  This Act takes effect January 1, 2014.