By: Shapiro, Sims S.B. No. 47
A BILL TO BE ENTITLED
AN ACT
1-1 relating to notification of certain persons about procedures in the
1-2 community supervision process that apply to defendants who
1-3 victimized those persons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 42.131, Code of Criminal Procedure, is
1-6 amended by adding Section 14 to read as follows:
1-7 Sec. 14. VICTIM NOTIFICATION. (a) A department, using the
1-8 name and address provided by the attorney representing the state
1-9 under Article 56.08(d) of this code, shall make a reasonable effort
1-10 to notify a victim of the defendant's crime or, if the victim has a
1-11 guardian or is deceased, to notify the guardian of the victim or
1-12 close relative of the deceased victim of:
1-13 (1) the fact that the defendant has been placed on
1-14 community supervision;
1-15 (2) the conditions of community supervision imposed on
1-16 the defendant by the court; and
1-17 (3) the date, time, and location of any hearing or
1-18 proceeding at which the conditions of the defendant's community
1-19 supervision may be modified or the defendant's placement on
1-20 community supervision may be revoked or terminated.
1-21 (b) An attempt by the department to give notice to the
1-22 victim, the guardian of the victim, or a close relative of a
1-23 deceased victim at the victim's, the guardian of the victim's, or a
1-24 close relative of a deceased victim's last known telephone number
2-1 or address as shown on the records of the department constitutes a
2-2 reasonable attempt to give notice under this section.
2-3 (c) In this section, "close relative of a deceased victim,"
2-4 "guardian of a victim," and "victim" have the meanings assigned by
2-5 Article 56.01 of this code.
2-6 SECTION 2. Article 56.08, Code of Criminal Procedure, is
2-7 amended by adding Subsection (d) to read as follows:
2-8 (d) An attorney representing the state who receives
2-9 information concerning a victim's current address and phone number
2-10 shall immediately provide that information to the community
2-11 supervision and corrections department supervising the defendant,
2-12 if the defendant is placed on community supervision.
2-13 SECTION 3. This Act takes effect September 1, 1995.
2-14 SECTION 4. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.