SGN C.S.H.B. 877 75(R)BILL ANALYSIS CORRECTIONS C.S.H.B. 877 By: Naishtat 4-28-97 Committee Report (Substituted) BACKGROUND Chapter 56, Code of Criminal Procedure, which describes the rights of crime victims, requires that people, or their families, who are the victims of sexual assault, kidnapping, aggravated robbery or who have suffered bodily injury or death, are notified of all court and parole proceedings, as well as the escape, of their aggressor. In addition, Article 56.11, requires the notification of a stalking victim upon the release or escape of the defendant. PURPOSE C.S.H.B. 877 would amend Article 56.11, Code of Criminal Procedure, to include the notification of the victim in a case involving family violence or the violation of a protective order or magistrate's order upon the release or escape of a defendant convicted of the offense. The bill would require that state as well as county correctional facilities would make a reasonable attempt to notify the victim before the release or immediately upon escape of the defendant. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 56.11, Code of Criminal Procedure, as amended by S.B. 97, Acts of the 75th Legislature, Regular Session 1997, as follows: Art. 56.11. NOTIFICATION TO VICTIM OF RELEASE OR ESCAPE OF DEFENDANT. Requires the Texas Department of Criminal Justice or the sheriff, whichever has custody of the defendant in the case of a felony, or the sheriff in the case of a misdemeanor, to notify the victim of the offense upon the release or escape of a defendant convicted of an offense involving family violence, stalking, or violation of a protective order or magistrate's order. Requires that if TDCJ is required to notify the victim, the department shall also notify local law enforcement officials in the county where the victim resides. Provides that it is the responsibility of a victim desiring notification, to provide the Texas Department of Criminal Justice or the sheriff, with the address and telephone number of the victim or other person through whom the victim may be contacted and to notify the department or sheriff of any change of address or telephone number. Provides that information obtained and maintained by the TDCJ or a sheriff under this subsection is privileged and confidential. Requires the Texas Department of Criminal Justice or the sheriff to make a reasonable attempt to give the required notice and provides that a reasonable attempt to contact the victim has been made if they attempted to give notice at the victim's last known address. Defines correctional facility and family violence. SECTION 2. This law would only apply to the notification of a victim regarding the release or escape of the defendant only if the release or escape occurs on or after October 1, 1997. The present law is continued in effect if the release or escape occurs before October 1, 1997. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute adds language to provide that in the case of a felony, either the TDCJ or a sheriff, whichever has custody of the defendant, shall notify the victim of the escape or release of the defendant. The substitute also modifies language to require that it is the responsibility of the victim to provide the TDCJ or sheriff with information to notify the victim or other person through whom the victim may be contacted. The substitute provides that information maintained by TDCJ or a sheriff for that purpose is privileged and confidential.