BILL ANALYSIS



S.B. 124
By: Moncrief (McCall)
04-18-95
Committee Report (Unamended)


BACKGROUND

Stalking is a crime in which the offender shows a pattern of
harassing and threatening behavior towards the victim.  Stalking
victims often use the time the offender is detained to make
arrangements for their safety.  Currently, a victim of stalking
must contact the agency detaining the offender to find out if he or
she has been released.  Many times the victims do not find out that
the offender has been released until the stalking behavior has
resumed.

PURPOSE

As proposed, C.S.S.B. 124 requires law enforcement to notify a
victim of a stalking if and when a person accused of the stalking
is to be released.

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 17.29, Code of Criminal Procedure, as
follows:

     Art. 17.29. ACCUSED LIBERATED. (a) Created from existing text.

       (b) Requires a law enforcement agency arresting or holding
a person arrested under         Section 42.07(a)(7), Penal Code,
before releasing the person, to make a reasonable
       attempt to give personal notice of the imminent release to
the victim of the alleged            offense or to another
designated person.

       (c) States that a law enforcement agency or employee of that
     agency is not held liable    for compliance or noncompliance
     with Subsection (b).

SECTION 2.   Effective date: September 1, 1995.

SECTION 3.   Emergency clause.

SUMMARY OF COMMITTEE ACTION

S.B. 124 was considered by the committee in a public hearing on
April 4, 1995.  
The following person testified for the bill:
     Hannah Riddering, representing the Texas National Organization
for Women.
The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
7 ayes, 0 nays, 0 pnv, 2 absent.