By: Turner S.B. No. 1188
A BILL TO BE ENTITLED
AN ACT
1-1 relating to providing immunity from civil suits to persons who
1-2 communicate, verbally or in writing, to the Pardons and Paroles
1-3 Division of the Texas Department of Criminal Justice.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 42.18, Code of Criminal Procedure, is
1-6 amended by the addition of Section 8B to read as follows:
1-7 Sec. 8B. IMMUNITY FROM CIVIL LIABILITY TO PERSONS WHO
1-8 COMMUNICATE WITH THE DIVISION. (a) A person, including a victim,
1-9 secondary victim, guardian of a victim, or close relative of a
1-10 deceased victim, as defined by Article 56.01 of this code, who
1-11 communicates, either orally or in writing, with the Pardons and
1-12 Paroles Division under this article is immune from civil liability
1-13 that might otherwise be imposed as a result of the communication.
1-14 (b) The division shall:
1-15 (1) inform the person that the division will give more
1-16 weight to the information if it is given under oath;
1-17 (2) instruct the person of the method of providing
1-18 information under oath; and
1-19 (3) inform the person of the consequences of making a
1-20 false statement under oath.
1-21 (c) The division shall give greater weight to information
1-22 given under oath. The division shall consider the immunity
1-23 provided under this section when making a decision that is based on
2-1 information obtained from a communication that is not made under
2-2 oath.
2-3 SECTION 2. Subdivision (7), Subsection (a), Article 56.02,
2-4 Code of Criminal Procedure, is amended to read as follows:
2-5 (7) the right to be informed, upon request, of parole
2-6 procedures, to participate in the parole process, to be notified,
2-7 if requested, of parole proceedings concerning a defendant in the
2-8 victim's case, to provide to the <Board of> Pardons and Paroles
2-9 Division of the Texas Department of Criminal Justice for inclusion
2-10 in the defendant's file information to be considered by the board
2-11 prior to the parole of any defendant convicted of any crime subject
2-12 to this Act, to be informed of the immunity from civil liability
2-13 created under Section 8A, Article 42.18, of this code, for giving
2-14 information to the division, and to be notified, if requested, of
2-15 the defendant's release.
2-16 SECTION 3. SEVERABILITY. If any section, sentence, clause,
2-17 or part of this Act shall, for any reason, be held invalid, such
2-18 invalidity shall not affect the remaining portions of the Act, and
2-19 it is hereby declared to be the intention of this legislature to
2-20 have passed each section, sentence, clause, or part irrespective of
2-21 the fact that any other section, sentence, clause, or part may be
2-22 declared invalid.
2-23 SECTION 4. CIVIL CAUSES OF ACTION. The changes in law made
2-24 by this Act apply only to a cause of action that accrues on or
2-25 after the effective date of this article. A cause of action that
3-1 accrues before the effective date of this article is governed by
3-2 the law in effect on the date the cause of action accrues, and that
3-3 law is continued in effect for this purpose.
3-4 SECTION 5. CRIMINAL OFFENSES OR VIOLATIONS. (a) The
3-5 changes in law made by this Act apply only to a criminal offense
3-6 committed or a violation that occurs on or after the effective date
3-7 of this Act. For the purposes of this Act, a criminal offense is
3-8 committed or a violation occurs before the effective date of this
3-9 Act if any element of the offense or violation occurs before that
3-10 date.
3-11 (b) A criminal offense committed or violation that occurs
3-12 before the effective date of this Act is covered by the law in
3-13 effect when the criminal offense was committed or the violation
3-14 occurred, and the former law is continued in effect for this
3-15 purpose.
3-16 SECTION 6. EFFECTIVE DATE. This Act takes effect on
3-17 September 1, 1995.
3-18 SECTION 7. EMERGENCY. The importance of this legislation
3-19 and the crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended,
3-23 and that this Act take effect and be in force from and after its
3-24 passage, and it is so enacted.