SRC-SLL S.B. 1611 75(R)BILL ANALYSIS


Senate Research CenterS.B. 1611
By: Whitmire
Criminal Justice
4-18-97
Committee Report (Amended)


DIGEST 

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. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a 
state officer, institution, or agency.

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, to require the victim services division, rather than 
the pardons and paroles division, to 
make a reasonable effort to notify certain persons, before a 
parole panel considers for parole a 
prisoner who is serving a sentence for an offense in which a 
person was a victim. Makes conforming 
changes.

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.  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 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 
require the victim services 
division, rather than the institutional division, of TDCJ to 
notify certain persons whenever a person 
convicted of a felony offense under Subsection (a) as enhanced by 
Subsection (b) of Section 42.072, 
Penal Code, takes certain actions.  Makes conforming changes.

SECTION 12. Amends Article 56.12, Code of Criminal Procedure, to 
make conforming changes.

SECTION 13. Effective date: September 1, 1997.

SECTION 14. Emergency clause.


SUMMARY OF COMMITTEE CHANGES

Amendment 1.

Page 9, lines 2-7, strike Subsection (a), and substitute the 
following:

"(a) The Texas Crime Victim Clearinghouse may consult, 
contract, and coordinate with the 
Texas Crime Victims' Institute to conduct research to survey 
the use and evaluate the 
effectiveness of victim impact statements."

Amendment 2.

Page 9, line 17, at the end of Subsection (c), add the following:

"In developing crime victim assistance standards, the Texas 
Crime Victim Clearinghouse 
shall utilize and incorporate the research and findings of 
the Crime Victims' Institute on the 
needs of victims and the effectiveness of service delivery