BILL ANALYSIS



S.B. 47
By: Shapiro (Allen)
05-03-95
Committee Report (Unamended)


BACKGROUND

Current law does not require that the victim of an offense be
notified if the defendant is placed on community supervision.

PURPOSE

As proposed, S.B. 47 sets forth guidelines for the notification of
a victim concerning procedures in the community supervision process
that apply to defendants.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 42.131, Code of Criminal Procedure, by
adding Section 14, as follows:

Sec.  14.  VICTIM NOTIFICATION.  Requires a community supervision
and corrections department (department) to notify a victim,
victim's guardian, or close relative of the fact that a defendant
has been placed on community supervision, the conditions of the
community supervision, and the time and location of a hearing
regarding the community supervision.

(b) Provides that an attempt by the department to give notice to
the victim, victim's guardian,  or close relative at the last known
telephone number or address, as shown on the records of the
department, constitutes a reasonable attempt to give notice.

(c) Defines "close relative of a deceased victim, " "guardian of a
victim," and "victim."

SECTION 2.  Amends Article 56.08, Code of Criminal Procedure, by
adding Subsection (d), as follows:

(d) Requires an attorney representing the state to provide a
victim's address and phone number to the department supervising the
defendant if the defendant is placed on community supervision.

SECTION 3.  Effective date: September 1, 1995.

SECTION 4.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

S.B. 47 was considered by the committee in a public hearing on
April 26, 1995.
The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
5 ayes, 0 nays, 0 pnv, 4 absent.