75R12486 GWK-D
By Naishtat, Keel, et al. H.B. No. 877
Substitute the following for H.B. No. 877:
By Allen C.S.H.B. No. 877
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notifying a victim of a criminal offense of the escape
1-3 or release of the defendant convicted of the offense committed
1-4 against the victim.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 56.11, Code of Criminal Procedure, as
1-7 amended by S.B. No. 97, Acts of the 75th Legislature, Regular
1-8 Session, 1997, is amended to read as follows:
1-9 Art. 56.11. NOTIFICATION TO [STALKING] VICTIM OF RELEASE OR
1-10 ESCAPE OF DEFENDANT. (a) The [institutional division of the]
1-11 Texas Department of Criminal Justice or the sheriff, whichever has
1-12 custody of the defendant in the case of a felony, or the sheriff in
1-13 the case of a misdemeanor, shall notify the victim of the offense
1-14 [and local law enforcement officials in the county where the victim
1-15 resides] whenever a person convicted of an [a felony] offense
1-16 described by Subsection (c) [under Subsection (a) as enhanced by
1-17 Subsection (b) of Section 42.072, Penal Code]:
1-18 (1) completes the person's sentence and is released;
1-19 or
1-20 (2) escapes from a correctional facility [operated by
1-21 the institutional division].
1-22 (b) If the Texas Department of Criminal Justice is required
1-23 by Subsection (a) to give notice to the victim of an offense, the
1-24 department shall also give notice to local law enforcement
2-1 officials in the county in which the victim resides.
2-2 (c) This article applies to a person convicted of an offense
2-3 involving family violence, stalking, or violation of a protective
2-4 order or magistrate's order.
2-5 (d) It is the responsibility of a [the] victim desiring
2-6 notification of the offender's release to provide the Texas
2-7 Department of Criminal Justice or the sheriff, as appropriate, with
2-8 the address and telephone number of the victim or other person
2-9 through whom the victim may be contacted and to notify the
2-10 department or the sheriff [institutional division of the Texas
2-11 Department of Criminal Justice] of any change of address or
2-12 telephone number of the victim or other person. Information
2-13 obtained and maintained by the Texas Department of Criminal Justice
2-14 or a sheriff under this subsection is privileged and confidential.
2-15 (e) [(c)] The [institutional division of the] Texas
2-16 Department of Criminal Justice or the sheriff, as appropriate,
2-17 shall make a reasonable attempt to give the notice required by
2-18 Subsection (a) [of this article]:
2-19 (1) not later than the 30th day before the person
2-20 completes the sentence and is released; or
2-21 (2) immediately if the person escapes from the
2-22 correctional facility [operated by the institutional division].
2-23 (f) An attempt by the Texas Department of Criminal Justice
2-24 or the sheriff to give notice to the victim at the victim's last
2-25 known address, as shown on the records of the department or agency,
2-26 constitutes a reasonable attempt to give notice under this article.
2-27 (g) In this article:
3-1 (1) "Correctional facility" has the meaning assigned
3-2 by Section 1.07, Penal Code.
3-3 (2) "Family violence" has the meaning assigned by
3-4 Section 71.01, Family Code.
3-5 SECTION 2. The change in law made by this Act applies to the
3-6 notification of a victim about the release or escape of an inmate
3-7 only if the release or escape occurs on or after October 1, 1997.
3-8 Notification of a victim about the release or escape of an inmate
3-9 if the release or escape occurs before October 1, 1997, is covered
3-10 by the law in effect when the release or escape occurs, and the
3-11 former law is continued in effect for this purpose.
3-12 SECTION 3. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended,
3-17 and that this Act take effect and be in force from and after its
3-18 passage, and it is so enacted.