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