BILL ANALYSIS


                                                        S.B. 1188
                                                       By: Turner
                                             Economic Development
                                                         04-07-95
                                     Committee Report (Unamended)
BACKGROUND

Chapter 56 of the Code of Criminal Procedure specifically gives
victims the right to participate in the parole process and to
provide to the Pardons and Paroles Division of the Texas Department
of Criminal Justice for inclusion in the defendant's file
information to be considered prior to the parole of any inmate.
Currently, inmates have the ability to file a civil suit against
those who testify against their release during a parole hearing.
This has the dual effect of deterring private citizens from
testifying in those proceedings and involving innocent parties in
lengthy litigation. Of particular concern is the effect on victims
and victims' families.

PURPOSE

As proposed, S.B. 1188 provides immunity from civil suits to
persons who communicate with the Pardons and Paroles Division of
the Texas Department of Criminal Justice.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 42.18, Code of Criminal Procedure, by
adding Section 8B, as follows:

     Sec. 8B. IMMUNITY FROM CIVIL LIABILITY TO PERSONS WHO
     COMMUNICATE WITH THE DIVISION. (a) Provides that a person,
     including a victim, secondary victim, guardian of a victim, or
     close relative of a deceased victim, as defined by Article
     56.01 of this code, who communicates with the Pardons and
     Paroles Division of the Texas Department of Criminal Justice
     (division) under this article is immune from civil liability
     that might otherwise be imposed as a result of the
     communication.
     
     (b) Requires the division to inform the person that the
       division will give more weight to the information if it is
       given under oath; instruct the person of the method of
       providing information under oath; and inform the person of
       the consequences of making a false statement under oath.
       
       (c) Requires the division to give greater weight to
       information given under oath. Requires the division to
       consider the immunity provided under this section when
       making a decision that is based on information obtained from
       a communication that is not made under oath.
       
       SECTION 2.   Amends Subsection (a)(7), Article 56.02, Code of
Criminal Procedure, as follows:

     (7) Entitles a victim, guardian of a victim, or close relative
     of a deceased victim to 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
     division 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 Act, to be
     informed of the immunity from civil liability created under
     Section 8A, Article 42.18 of this code, for giving information
     to the division, and to be notified, if requested, of the
     defendant's release.
     
     SECTION 3.     Severability clause.

SECTION 4. Makes application of this Act prospective regarding
civil causes of action.

SECTION 5. Makes application of this Act prospective regarding
criminal offenses or violations.

SECTION 6. Effective date: September 1, 1995.

SECTION 7. Emergency clause.