By: Moncrief, et al. S.B. No. 124
A BILL TO BE ENTITLED
AN ACT
1-1 relating to notification of a victim of the offense of stalking
1-2 about the release on bail of the defendant in the case.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 17.29, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 17.29. ACCUSED LIBERATED. (a) When the accused has
1-7 given the required bond, either to the magistrate or the officer
1-8 having him in custody, he shall at once be set at liberty.
1-9 (b) Before releasing on bail a person arrested for an
1-10 offense under Section 42.07(a)(7), Penal Code, the law enforcement
1-11 agency holding the person shall make a reasonable attempt to give
1-12 personal notice of the imminent release to the victim of the
1-13 alleged offense or to another person designated by the victim to
1-14 receive the notice. An attempt by an agency to give notice to the
1-15 victim or the person designated by the victim at the victim's or
1-16 person's last known telephone number or address, as shown on the
1-17 records of the agency, constitutes a reasonable attempt to give
1-18 notice under this subsection. If possible, the arresting officer
1-19 shall collect the address and telephone number of the victim at the
1-20 time the arrest is made and shall communicate that information to
1-21 the agency holding the person.
1-22 (c) A law enforcement agency or an employee of a law
1-23 enforcement agency is not liable for damages arising from complying
1-24 or failing to comply with Subsection (b) of this article.
2-1 SECTION 2. This Act takes effect September 1, 1995.
2-2 SECTION 3. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.