1-1  By:  Shapiro, Sims                                      S.B. No. 46
    1-2        (In the Senate - Filed November 14, 1994; January 10, 1995,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  February 15, 1995, reported favorably, as amended, by the following
    1-5  vote:  Yeas 4, Nays 0; February 15, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                              By:  Shapiro
    1-7  Amend S.B. No. 46, SECTION 1 of the bill, proposed Section 56, Code
    1-8  of Criminal Procedure, as follows:
    1-9        (1)  Amend Subsection (a) by deleting "institutional division
   1-10  of the" (introduced version page 1, lines 8 and 9; committee
   1-11  printing page 1, lines 37-38).
   1-12        (2)  Amend Subsection (b) by deleting "institutional division
   1-13  of the" (introduced version page 1, line 18; committee printing
   1-14  page 1, line 47).
   1-15  COMMITTEE AMENDMENT NO. 2                              By:  Shapiro
   1-16  Amend S.B. No. 46, SECTION 1, proposed Chapter 56.12(a), Code of
   1-17  Criminal Procedure, as follows:
   1-18        (1)  Between "immediately" and "notify", insert "make a
   1-19  reasonable attempt to" (introduced version page 1, line 10;
   1-20  committee printing page 1, line 39).
   1-21        (2)  After ".", insert "An attempt by the department to give
   1-22  notice to the victim, the guardian of the victim, or a close
   1-23  relative of a deceased victim at the victim's, the guardian of the
   1-24  victim's, or a close relative of a deceased victim's last known
   1-25  telephone number or address as shown on the records of the
   1-26  department constitutes a reasonable attempt to give notice under
   1-27  this subsection." (introduced version page 1, line 15; committee
   1-28  printing page 1, line 44).
   1-29                         A BILL TO BE ENTITLED
   1-30                                AN ACT
   1-31  relating to requiring victim notification when an inmate escapes
   1-32  from a facility operated by the institutional division of the Texas
   1-33  Department of Criminal Justice.
   1-34        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-35        SECTION 1.  Subchapter A, Chapter 56, Code of Criminal
   1-36  Procedure, is amended by adding Article 56.12 to read as follows:
   1-37        Art. 56.12.  NOTIFICATION OF ESCAPE.  (a)  The institutional
   1-38  division of the Texas Department of Criminal Justice shall
   1-39  immediately notify the victim of an offense, the victim's guardian,
   1-40  or the victim's close relative, if the victim is deceased, whenever
   1-41  the offender escapes from a facility operated by the institutional
   1-42  division, if the victim, victim's guardian, or victim's close
   1-43  relative has notified the institutional division as provided by
   1-44  Subsection (b) of this article.
   1-45        (b)  It is the responsibility of the victim, guardian, or
   1-46  close relative desiring notification of an offender's escape to
   1-47  notify the institutional division of the Texas Department of
   1-48  Criminal Justice of the desire for notification and any change of
   1-49  address.
   1-50        SECTION 2.  The importance of this legislation and the
   1-51  crowded condition of the calendars in both houses create an
   1-52  emergency and an imperative public necessity that the
   1-53  constitutional rule requiring bills to be read on three several
   1-54  days in each house be suspended, and this rule is hereby suspended,
   1-55  and that this Act take effect and be in force from and after its
   1-56  passage, and it is so enacted.
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