SRC-HRD S.B. 51 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 51
By: Shapiro
Criminal Justice
2-4-97
As Filed


DIGEST 

Currently, Texas law does not impose any sanctions against an inmate who
contacts the inmate's victim.  S.B. 51 would forfeit an inmate's good
conduct time in the event the inmate contacts the victim if the victim is
younger than 17 at the time of the commission of the offense.  This bill
provides exceptions for cases in which Department of Criminal Justice has
received written consent from the victim's parent or the victim, if the
victim is over 17 at the time of giving consent. 


PURPOSE

As proposed, S.B. 51 prohibits an inmate from contacting a victim for
which the inmate is serving a sentence under certain conditions. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Criminal Justice
under SECTION 1 (Section 498.0042 (a) Government Code), of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 498, Government Code, by adding Section
498.0042, as follows: 

Sec. 498.0042.  FORFEITURE FOR CONTACTING VICTIMS.  (a)  Requires the
Texas Board of Criminal Justice to adopt rules that prohibit an inmate in
the institutional division or a transfer facility from contacting by
letter, telephone, or any other means, either directly or indirectly, a
victim of the offense for which the inmate is serving a sentence, if
certain conditions are met.  

(b)  Requires the Texas Department of Criminal Justice (department) to
forfeit all or any part of the inmate's accrued good conduct time, if
during the actual term of imprisonment of an inmate in the institutional
division or a transfer facility, the inmate violates a rule adopted under
Subsection (a).  Prohibits the department from restoring good conduct time
forfeited under this subsection.   

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 1997.

SECTION 4.  Emergency clause.