BILL ANALYSIS S.B. 223 By: Zaffirini (Greenberg) 05-04-95 Committee Report (Unamended) BACKGROUND Victims of domestic violence have expressed concern that a released batterer may attempt to find and harm them. Providing notice to the victims prior to release may enable the victim to find alternate living arrangements or seek refuge. PURPOSE As proposed, S.B. 223 requires an agency holding a person in the prevention of domestic violence to attempt to provide notice to the victim prior to the person's release. 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, by adding subsections b, c, and d. Subsection (b) states that a victim of family violence shall be notified if the alleged perpetrator is released. It states what is to be considered a reasonable attempt at notifying the victim. This subsection also requires the arresting officer to collect the address and telephone number of the victim and relay the information to the agency holding the alleged perpetrator, if it is possible. Subsection (c) releases the agency and employees of the agency from any liability that might arise from complying or not complying with Subsection (b). Subsection (d) refers to the definition of "family violence." Section 2 amends Chapter 42, Code of Criminal Procedure, by adding Article 42.21. Article 42.21 (a) states that a victim of family violence shall be notified if the alleged perpetrator is released. It states what is considered a reasonable attempt at notifying the victim. This subsection also requires the arresting officer to collect the address and telephone number of the victim and relay the information to the agency holding the alleged perpetrator, if it is possible. Subsection (b) releases the agency and employees of the agency from any liability that might arise from complying or not complying with Subsection (a) of this article. Subsection (c) refers to the definition of "family violence." Section 3 is an emergency clause. SUMMARY OF COMMITTEE ACTION S.B. 223 was considered by the committee in a public hearing on May 2, 1995. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record voted of 7 ayes, 0 nays, 0 pnv, 2 absent.