AN ACT 1-1 relating to the forfeiture of good conduct time by certain inmates 1-2 confined in the institutional division or a transfer facility of 1-3 the Texas Department of Criminal Justice. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 498, Government Code, is amended by 1-6 adding Section 498.0042 to read as follows: 1-7 Sec. 498.0042. FORFEITURE FOR CONTACTING VICTIMS. (a) The 1-8 department shall adopt policies that prohibit an inmate in the 1-9 institutional division or in a transfer facility from contacting by 1-10 letter, telephone, or any other means, either directly or 1-11 indirectly, a victim of the offense for which the inmate is serving 1-12 a sentence or a member of the victim's family, if: 1-13 (1) the victim was younger than 17 years of age at the 1-14 time of the commission of the offense; and 1-15 (2) the department has not, before the inmate makes 1-16 contact: 1-17 (A) received written consent to the contact 1-18 from: 1-19 (i) a parent of the victim or the member 1-20 of the victim's family, other than the inmate; 1-21 (ii) a legal guardian of the victim or the 1-22 member of the victim's family; or 1-23 (iii) the victim or the member of the 2-1 victim's family, if the victim is 17 years of age or older at the 2-2 time of giving the consent; and 2-3 (B) provided the inmate with a copy of the 2-4 consent. 2-5 (b) If, during the actual term of imprisonment of an inmate 2-6 in the institutional division or a transfer facility, the inmate 2-7 violates a policy adopted under Subsection (a), the department 2-8 shall forfeit all or any part of the inmate's accrued good conduct 2-9 time. The department may not restore good conduct time forfeited 2-10 under this subsection. 2-11 (c) In this section, "family" has the meaning assigned by 2-12 Section 71.003, Family Code. 2-13 SECTION 2. The change in law made by this Act applies to an 2-14 inmate who violates a policy adopted by the Texas Department of 2-15 Criminal Justice under Section 498.0042, Government Code, as added 2-16 by this Act, on or after the effective date of the policy, 2-17 regardless of whether the inmate is serving a sentence for an 2-18 offense committed before, on, or after the effective date of the 2-19 policy. 2-20 SECTION 3. This Act takes effect September 1, 1997. 2-21 SECTION 4. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 51 passed the Senate on March 20, 1997, by the following vote: Yeas 31, Nays 0; and that the Senate concurred in House amendments on May 31, 1997, by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 51 passed the House, with amendments, on May 27, 1997, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor