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.