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.