By Naishtat H.B. No. 877
75R3186 GWK-D
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, is
1-7 amended to read as follows:
1-8 Art. 56.11. NOTIFICATION TO [STALKING] VICTIM OF RELEASE OR
1-9 ESCAPE OF DEFENDANT. (a) The [institutional division of the]
1-10 Texas Department of Criminal Justice in the case of a felony or the
1-11 sheriff in the case of a misdemeanor shall notify the victim of the
1-12 offense [and local law enforcement officials in the county where
1-13 the victim resides] whenever a person convicted of an [a felony]
1-14 offense described by Subsection (c) of this article [under
1-15 Subsection (a) as enhanced by Subsection (b) of Section 42.071,
1-16 Penal Code]:
1-17 (1) completes the person's sentence and is released;
1-18 or
1-19 (2) escapes from a correctional facility [operated by
1-20 the institutional division].
1-21 (b) If the Texas Department of Criminal Justice is required
1-22 by Subsection (a) of this article to give notice to the victim of
1-23 an offense, the department shall also give notice to local law
1-24 enforcement officials in the county in which the victim resides.
2-1 (c) This article applies to a person convicted of an offense
2-2 involving family violence, stalking, or violation of a protective
2-3 order or magistrate's order.
2-4 (d) It is the responsibility of the victim:
2-5 (1) of a felony described by Subsection (c) of this
2-6 article desiring notification of the offender's release to notify
2-7 the [institutional division of the] Texas Department of Criminal
2-8 Justice of any change of address of the victim; and
2-9 (2) of a misdemeanor described by Subsection (c) of
2-10 this article desiring notification of the offender's release to
2-11 notify the sheriff of any change of the address of the victim.
2-12 (e) [(c)] The [institutional division of the] Texas
2-13 Department of Criminal Justice or the sheriff, as appropriate,
2-14 shall make a reasonable attempt to give the notice required by
2-15 Subsection (a) of this article:
2-16 (1) not later than the 30th day before the person
2-17 completes the sentence and is released; or
2-18 (2) immediately if the person escapes from the
2-19 correctional facility [operated by the institutional division].
2-20 (f) An attempt by the Texas Department of Criminal Justice
2-21 or the sheriff to give notice to the victim at the victim's last
2-22 known address, as shown on the records of the department or agency,
2-23 constitutes a reasonable attempt to give notice under this article.
2-24 (g) In this article:
2-25 (1) "Correctional facility" has the meaning assigned
2-26 by Section 1.07, Penal Code.
2-27 (2) "Family violence" has the meaning assigned by
3-1 Section 71.01, Family Code.
3-2 SECTION 2. The change in law made by this Act applies to the
3-3 notification of a victim about the release or escape of an inmate
3-4 only if the release or escape occurs on or after October 1, 1997.
3-5 Notification of a victim about the release or escape of an inmate
3-6 if the release or escape occurs before October 1, 1997, is covered
3-7 by the law in effect when the release or escape occurs, and the
3-8 former law is continued in effect for this purpose.
3-9 SECTION 3. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended,
3-14 and that this Act take effect and be in force from and after its
3-15 passage, and it is so enacted.