S.B. No. 223
AN ACT
1-1 relating to providing notice to victims of domestic violence before
1-2 releasing the offender.
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 or held
1-10 without a warrant in the prevention of family violence, the agency
1-11 holding the person shall make a reasonable attempt to give personal
1-12 notice of the imminent release to the victim of the alleged offense
1-13 or to another person designated by the victim to receive the
1-14 notice. An attempt by an agency to give notice to the victim or
1-15 person designated by the victim at the victim's or person's last
1-16 known telephone number or address, as shown on the records of the
1-17 agency, constitutes a reasonable attempt to give notice under this
1-18 subsection. If possible, the arresting officer shall collect the
1-19 address and telephone number of the victim at the time the arrest
1-20 is made and shall communicate that information to the agency
1-21 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 (d) In this article, "family violence" has the meaning
2-2 assigned by Section 71.01, Family Code.
2-3 SECTION 2. Chapter 42, Code of Criminal Procedure, is
2-4 amended by adding Article 42.21 to read as follows:
2-5 Art. 42.21. NOTICE OF RELEASE OF FAMILY VIOLENCE OFFENDERS.
2-6 (a) Before releasing a person convicted of a family violence
2-7 offense, the entity holding the person shall make a reasonable
2-8 attempt to give personal notice of the imminent release to the
2-9 victim of the offense or to another person designated by the victim
2-10 to receive the notice. An attempt by an entity to give notice to
2-11 the victim or person designated by the victim at the victim's or
2-12 person's last known telephone number or address, as shown on the
2-13 records of the entity, constitutes a reasonable attempt to give
2-14 notice under this subsection.
2-15 (b) An entity or an employee of an entity is not liable for
2-16 damages arising from complying or failing to comply with Subsection
2-17 (a) of this article.
2-18 (c) In this article, "family violence" has the meaning
2-19 assigned by Section 71.01, Family Code.
2-20 SECTION 3. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended,
2-25 and that this Act take effect and be in force from and after its
2-26 passage, and it is so enacted.