1-1 By: Shapiro, Sims S.B. No. 47 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. 47 as follows: 1-8 (1) In SECTION 1, proposed Article 42.131, Code of Criminal 1-9 Procedure, insert a new Subsection (b) to read as follows: 1-10 "(b) An attempt by the department to give notice to the 1-11 victim, the guardian of the victim, or a close relative of a 1-12 deceased victim at the victim's, the guardian of the victim's, or a 1-13 close relative of a deceased victim's last known telephone number 1-14 or address as shown on the records of the department constitutes a 1-15 reasonable attempt to give notice under this section." (introduced 1-16 version, page 1, line 22; committee printing page 1, line 40). 1-17 (2) Renumber subsequent subsections appropriately. 1-18 A BILL TO BE ENTITLED 1-19 AN ACT 1-20 relating to notification of certain persons about procedures in the 1-21 community supervision process that apply to defendants who 1-22 victimized those persons. 1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-24 SECTION 1. Article 42.131, Code of Criminal Procedure, is 1-25 amended by adding Section 14 to read as follows: 1-26 Sec. 14. VICTIM NOTIFICATION. (a) A department, using the 1-27 name and address provided by the attorney representing the state 1-28 under Article 56.08(d) of this code, shall make a reasonable effort 1-29 to notify a victim of the defendant's crime or, if the victim has a 1-30 guardian or is deceased, to notify the guardian of the victim or 1-31 close relative of the deceased victim of: 1-32 (1) the fact that the defendant has been placed on 1-33 community supervision; 1-34 (2) the conditions of community supervision imposed on 1-35 the defendant by the court; and 1-36 (3) the date, time, and location of any hearing or 1-37 proceeding at which the conditions of the defendant's community 1-38 supervision may be modified or the defendant's placement on 1-39 community supervision may be revoked or terminated. 1-40 (b) In this section, "close relative of a deceased victim," 1-41 "guardian of a victim," and "victim" have the meanings assigned by 1-42 Article 56.01 of this code. 1-43 SECTION 2. Article 56.08, Code of Criminal Procedure, is 1-44 amended by adding Subsection (d) to read as follows: 1-45 (d) An attorney representing the state who receives 1-46 information concerning a victim's current address and phone number 1-47 shall immediately provide that information to the community 1-48 supervision and corrections department supervising the defendant, 1-49 if the defendant is placed on community supervision. 1-50 SECTION 3. This Act takes effect September 1, 1995. 1-51 SECTION 4. The importance of this legislation and the 1-52 crowded condition of the calendars in both houses create an 1-53 emergency and an imperative public necessity that the 1-54 constitutional rule requiring bills to be read on three several 1-55 days in each house be suspended, and this rule is hereby suspended. 1-56 * * * * *