BILL ANALYSIS



S.B. 48
By: Shapiro (Allen)
04-25-95
Committee Report (Amended)


BACKGROUND

A crime victim is currently allowed to provide a written statement
to the Board of Pardons and Paroles when an offender is being
considered for parole, but the victim is not allowed to appear
before the board.

PURPOSE

As proposed, S.B. 48 provides the victim of a crime the right to
appear in person before the parole panel.

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 Section 8 (f) (2), Article 42.18, Code of
Criminal Procedure, to require the parole panel of the Board of
Pardons and Paroles (board) to entitle the victim, victim's
guardian, close relative of a deceased victim, or a representative
of a victim or his guardian or close relative to make a statement
in person before the board members regarding the offense, the
defendant, and the effect of the offense on the victim.  Makes
conforming changes.

SECTION 2.  Amends Article 56.08 (a), Code of Criminal Procedure,
to require the victim to be notified of their right to appear in
person before a member of the board.  Makes conforming and
nonsubstantive changes.

SECTION 3.  Effective date:  September 1, 1995.

SECTION 4.  Emergency clause.

EXPLANATION OF AMENDMENTS

The proposed committee amendment adds language to require the
parole panel to allow one person to appear in person before the
board members.  This person may be the victim, or the legal
guardian of the victim or close relative of the deceased victim. 
The amendment also provides for a sole representative to be chosen
by all persons, to appear before the board.

SUMMARY OF COMMITTEE ACTION

S.B. 48 was considered by the Committee on Corrections in a public
hearing on April 18, 1995.  The Chair recognized Representative
Allen to explain the bill.  The Chair recognized the following
person to testify neutrally on the bill:

     Carl Reynolds, representing the Texas Board of Criminal
     Justice.

The bill was left pending.

S.B. 48 was considered by the committee in a public hearing on
April 25, 1995.  The committee considered one amendment to the
bill.  The amendment was adopted without objection.  The bill was
reported favorably, as amended, with the recommendation that it do
pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, and
2 absent.