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