By:  Zaffirini                                         S.B. No. 223
                                 A BILL TO BE ENTITLED
                                        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.