1-1 AN ACT
1-2 relating to various matters governing the contact of certain
1-3 criminal offenders with the victims of their crimes.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 8(o)(1), Article 42.18, Code of Criminal
1-6 Procedure, as added by Chapter 10, Acts of the 73rd Legislature,
1-7 Regular Session, 1993, is amended to read as follows:
1-8 (o)(1) In addition to other conditions imposed by a parole
1-9 panel under this article, the parole panel shall [may] require as a
1-10 condition of parole or release to mandatory supervision that an
1-11 inmate serving a sentence for the [an] offense of stalking [under
1-12 Section 42.071, Penal Code, may] not:
1-13 (A) communicate directly or indirectly with the
1-14 victim; or
1-15 (B) go to or near the residence, place of
1-16 employment, or business of the victim or to or near a school,
1-17 day-care facility, or similar facility where a dependent child of
1-18 the victim is in attendance.
1-19 SECTION 2. Article 42.18, Code of Criminal Procedure, is
1-20 amended by adding Section 8C to read as follows:
1-21 Sec. 8C. NO CONTACT WITH VICTIM. (a) If a parole panel
1-22 releases a defendant on parole or to mandatory supervision, the
1-23 panel shall require as a condition of parole or mandatory
1-24 supervision that the defendant not intentionally or knowingly
2-1 communicate directly or indirectly with a victim of the offense or
2-2 intentionally or knowingly go near a residence, school, place of
2-3 employment, or business of a victim. At any time after the
2-4 defendant is released on parole or to mandatory supervision, a
2-5 victim of the offense may petition the panel for a modification of
2-6 the conditions of the defendant's parole or mandatory supervision
2-7 allowing the defendant contact with the victim subject to
2-8 reasonable restrictions.
2-9 (b) Notwithstanding Subsection (a), a defendant may
2-10 participate in victim-offender mediation authorized by Section 30
2-11 on the request of the victim or a guardian of the victim or a close
2-12 relative of a deceased victim.
2-13 (c) In this section, "victim" has the meaning assigned by
2-14 Article 56.01(3).
2-15 SECTION 3. Article 42.18, Code of Criminal Procedure, is
2-16 amended by adding Section 30 to read as follows:
2-17 Sec. 30. VICTIM-OFFENDER MEDIATION. If the pardons and
2-18 paroles division receives notice from the victim services office of
2-19 the Texas Department of Criminal Justice that a victim of the
2-20 defendant, or the victim's guardian or close relative, wishes to
2-21 participate in victim-offender mediation with a person released to
2-22 parole or mandatory supervision, the division shall cooperate and
2-23 assist the person if the person chooses to participate in the
2-24 mediation program provided by the office. The pardons and paroles
2-25 division may not require the defendant to participate and may not
2-26 reward the person for participation by modifying conditions of
2-27 release or the person's level of supervision or by granting any
3-1 other benefit to the person.
3-2 SECTION 4. Article 26.13, Code of Criminal Procedure, is
3-3 amended by adding Subsection (g) to read as follows:
3-4 (g) Before accepting a plea of guilty or a plea of nolo
3-5 contendere and on the request of a victim of the offense, the court
3-6 may assist the victim and the defendant in participating in a
3-7 victim-offender mediation program.
3-8 SECTION 5. Article 56.03, Code of Criminal Procedure, is
3-9 amended by adding Subsection (i) to read as follows:
3-10 (i) In addition to the information described by Subsections
3-11 (b)(1)-(8), the victim impact statement must be in a form designed
3-12 to collect information on whether, if the victim is a child, there
3-13 is an existing court order granting to the defendant possession of
3-14 or access to the victim. If information collected under this
3-15 subsection indicates the defendant is granted access or possession
3-16 under court order and the defendant is subsequently confined by the
3-17 Texas Department of Criminal Justice as a result of the commission
3-18 of the offense, the victim services office of the department shall
3-19 contact the court issuing the order before the defendant is
3-20 released from the department on parole or mandatory supervision.
3-21 SECTION 6. Article 56.11, Code of Criminal Procedure, as
3-22 amended by S.B. No. 97, Acts of the 75th Legislature, Regular
3-23 Session, 1997, is amended to read as follows:
3-24 Art. 56.11. NOTIFICATION TO [STALKING] VICTIM OF RELEASE OR
3-25 ESCAPE OF DEFENDANT. (a) The [institutional division of the]
3-26 Texas Department of Criminal Justice or the sheriff, whichever has
3-27 custody of the defendant in the case of a felony, or the sheriff in
4-1 the case of a misdemeanor, shall notify the victim of the offense
4-2 [and local law enforcement officials in the county where the victim
4-3 resides] whenever a person convicted of an [a felony] offense
4-4 described by Subsection (c) [under Subsection (a) as enhanced by
4-5 Subsection (b) of Section 42.072, Penal Code]:
4-6 (1) completes the person's sentence and is released;
4-7 or
4-8 (2) escapes from a correctional facility [operated by
4-9 the institutional division].
4-10 (b) If the Texas Department of Criminal Justice is required
4-11 by Subsection (a) to give notice to the victim of an offense, the
4-12 department shall also give notice to local law enforcement
4-13 officials in the county in which the victim resides.
4-14 (c) This article applies to a person convicted of an offense
4-15 involving family violence, stalking, or violation of a protective
4-16 order or magistrate's order.
4-17 (d) It is the responsibility of a [the] victim desiring
4-18 notification of the offender's release to provide the Texas
4-19 Department of Criminal Justice or the sheriff, as appropriate, with
4-20 the address and telephone number of the victim or other person
4-21 through whom the victim may be contacted and to notify the
4-22 department or the sheriff [institutional division of the Texas
4-23 Department of Criminal Justice] of any change of address or
4-24 telephone number of the victim or other person. Information
4-25 obtained and maintained by the Texas Department of Criminal Justice
4-26 or a sheriff under this subsection is privileged and confidential.
4-27 (e) [(c)] The [institutional division of the] Texas
5-1 Department of Criminal Justice or the sheriff, as appropriate,
5-2 shall make a reasonable attempt to give the notice required by
5-3 Subsection (a) [of this article]:
5-4 (1) not later than the 30th day before the person
5-5 completes the sentence and is released; or
5-6 (2) immediately if the person escapes from the
5-7 correctional facility [operated by the institutional division].
5-8 (f) An attempt by the Texas Department of Criminal Justice
5-9 or the sheriff to give notice to the victim at the victim's last
5-10 known address, as shown on the records of the department or agency,
5-11 constitutes a reasonable attempt to give notice under this article.
5-12 (g) In this article:
5-13 (1) "Correctional facility" has the meaning assigned
5-14 by Section 1.07, Penal Code.
5-15 (2) "Family violence" has the meaning assigned by
5-16 Section 71.01, Family Code.
5-17 SECTION 7. Subchapter A, Chapter 498, Government Code, is
5-18 amended by adding Section 498.0042 to read as follows:
5-19 Sec. 498.0042. FORFEITURE FOR CONTACTING VICTIMS. (a) The
5-20 department shall adopt policies that prohibit an inmate in the
5-21 institutional division or in a transfer facility from contacting by
5-22 letter, telephone, or any other means, either directly or
5-23 indirectly, a victim of the offense for which the inmate is serving
5-24 a sentence, if:
5-25 (1) the victim was younger than 17 years of age at the
5-26 time of the commission of the offense; and
5-27 (2) the department has not, before the inmate makes
6-1 contact:
6-2 (A) received written consent to the contact
6-3 from:
6-4 (i) a parent of the victim, other than the
6-5 inmate;
6-6 (ii) a legal guardian of the victim; or
6-7 (iii) the victim, if the victim is 17
6-8 years of age or older at the time of giving the consent; and
6-9 (B) provided the inmate with a copy of the
6-10 consent.
6-11 (b) If, during the actual term of imprisonment of an inmate
6-12 in the institutional division or a transfer facility, the inmate
6-13 violates a policy adopted under Subsection (a), the department
6-14 shall forfeit all or any part of the inmate's accrued good conduct
6-15 time. The department may not restore good conduct time forfeited
6-16 under this subsection.
6-17 SECTION 8. The change in law made by this Act applies to an
6-18 inmate who violates a rule adopted by the Texas Board of Criminal
6-19 Justice under Section 498.0042, Government Code, as added by this
6-20 Act, on or after the effective date of the rule, regardless of
6-21 whether the inmate is serving a sentence for an offense committed
6-22 before, on, or after the effective date of the rule.
6-23 SECTION 9. The change in law made by this Act to Article
6-24 56.11, Code of Criminal Procedure, applies to the notification of a
6-25 victim about the release or escape of an inmate only if the release
6-26 or escape occurs on or after October 1, 1997. Notification of a
6-27 victim about the release or escape of an inmate if the release or
7-1 escape occurs before October 1, 1997, is covered by the law in
7-2 effect when the release or escape occurs, and the former law is
7-3 continued in effect for this purpose.
7-4 SECTION 10. This Act takes effect September 1, 1997.
7-5 SECTION 11. The importance of this legislation and the
7-6 crowded condition of the calendars in both houses create an
7-7 emergency and an imperative public necessity that the
7-8 constitutional rule requiring bills to be read on three several
7-9 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 156 was passed by the House on March
26, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 156 on May 29, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 156 was passed by the Senate, with
amendments, on May 27, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor