SGN S.B. 1611 75(R)BILL ANALYSIS CORRECTIONS S.B. 1611 By: Whitmire (Allen) 5-22-97 Committee Report (Unamended) BACKGROUND Currently, various divisions of the Texas Department of Criminal Justice are responsible for providing victim services. This bill will create the victim services division of the Texas Department of Criminal Justice and will assign certain powers and duties to that division. PURPOSE As proposed, S.B. 1611 creates the victim services division of the Texas Department of Criminal Justice and assigns certain powers and duties to that division. S.B. 1611 changes numerous references in statute to the new division. 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 Section 493.002(a), Government Code, to provide that the victim services division is within the Texas Department of Criminal Justice (TDCJ). SECTION 2. Amends Chapter 493, Government Code, by adding Section 493.0055, as follows: Sec. 493.0055. VICTIM SERVICES DIVISION. Sets forth duties of the victim services division. Provides that the Texas Crime Victim Clearinghouse (clearinghouse) is located in the victim services division. Authorizes the Texas Board of Criminal Justice to apply for and accept gifts or grants from any public or private source for the purpose of providing services described by this section. SECTION 3. Amends Article 42.18(2), Code of Criminal Procedure, by adding Subdivision (10), to define "victim services division." SECTION 4. Amends Subdivisions (2) and (3), Section 8(f), Article 42.18, Code of Criminal Procedure, by changing references from the pardons and paroles division to the victim services division. SECTION 5. Amends Section 18(a), Article 42.18, Code of Criminal Procedure, to provide that certain information maintained by TDCJ in connection with inmates of the institutional division and related to their eligibility for or release on parole, mandatory supervision, or executive clemency, is confidential and private. SECTION 6. Amends Article 56.02(a), Code of Criminal Procedure, to make nonsubstantive changes. SECTION 7. Amends Subsections (a), (d), and (h), Article 56.03, Code of Criminal Procedure, to require the clearinghouse, with the participation of the community justice assistance division, institutional division, and pardons and paroles division of the TDCJ and the Board of Pardons and Paroles, to develop a form containing certain information to be used by certain persons. Also provides that these same divisions develop a victims' information booklet and update the victim impact statement form. Provides that certain persons, if the person wished to be notified of parole proceedings, is responsible for notifying the victim services division of the TDCJ of any change of address. Makes conforming and nonsubstantive changes. SECTION 8. Amends Article 56.04(e), Code of Criminal Procedure, to make a conforming change. SECTION 9. Amends Articles 56.05(a) and (c), Code of Criminal Procedure, to authorize the clearinghouse to consult, contract, and coordinate with the Texas Crime Victims' Institute (institute) to conduct research to survey the use and evaluate the effectiveness of victim impact statements. Requires the clearinghouse to assist the Commission on Law Enforcement Officer Standards and Education to develop crime victim assistance standards and distribute those standards to law enforcement officers to aid those officers in performing duties imposed by this chapter. Requires the clearinghouse to develop and distribute, in cooperation with the Texas District and County Attorneys Association, crime victim assistance standards to aid attorneys representing the state in performing duties imposed by this chapter. Requires the clearinghouse, in developing crime victim assistance standards, to utilize and incorporate the research and findings of the institute on the needs of victims and the effectiveness of service delivery to them. SECTION 10. Amends Article 56.08(c), Code of Criminal Procedure, to make a conforming change. SECTION 11. Amends Article 56.11, Code of Criminal Procedure, to change references from the institutional division to the victim services division. SECTION 12. Amends Article 56.12, Code of Criminal Procedure, to provide that the victim services division is responsible for notifying victims upon the escape of their offender. SECTION 13. Effective date: September 1, 1997. SECTION 14. Emergency clause.