By Shapiro S.B. No. 1229
75R4407 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to providing to a parole panel written statements to be
1-3 considered in the parole process; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 8(f)(2), Article 42.18, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (2) Before a parole panel considers for parole a
1-8 prisoner who is serving a sentence for an offense in which a person
1-9 was a victim, the pardons and paroles division, using the name and
1-10 address provided on the victim impact statement, shall make a
1-11 reasonable effort to notify a victim of the prisoner's crime or if
1-12 the victim has a legal guardian or is deceased, to notify the legal
1-13 guardian or close relative of the deceased victim. If the notice
1-14 is sent to a guardian or close relative of a deceased victim, the
1-15 notice must contain a request by the pardons and paroles division
1-16 that the guardian or relative inform other persons having an
1-17 interest in the matter that the prisoner is being considered for
1-18 parole. The parole panel shall allow a victim, guardian of a
1-19 victim, close relative of a deceased victim, or a representative of
1-20 a victim or his guardian or close relative to provide a written
1-21 statement, if the statement is completed in accordance with Section
1-22 30. The parole panel also shall allow one person to appear in
1-23 person before the board members to present a statement of the
1-24 person's views about the offense, the defendant, and the effect of
2-1 the offense on the victim. The person may be the victim of the
2-2 prisoner's crime or, if the victim has a legal guardian or is
2-3 deceased, the legal guardian of the victim or close relative of the
2-4 deceased victim. If more than one person is otherwise entitled
2-5 under this subdivision to appear in person before the board, only
2-6 the person chosen by all persons entitled to appear as their sole
2-7 representative may appear before the board. This subsection may
2-8 not be construed to limit the number of persons who may provide
2-9 written statements completed in accordance with Section 30 for or
2-10 against the release of the prisoner on parole. The parole panel
2-11 shall consider the statements and the information provided in a
2-12 victim impact statement in determining whether or not to recommend
2-13 parole. However, the failure of the pardons and paroles division
2-14 to comply with notice requirements of this subsection is not a
2-15 ground for revocation of parole.
2-16 SECTION 2. Section 9(a), Article 42.18, Code of Criminal
2-17 Procedure, is amended to read as follows:
2-18 (a) It shall be the duty of any judge, district attorney,
2-19 county attorney, police officer, or other public official of the
2-20 state having information with reference to any prisoner eligible
2-21 for parole to send in writing such information as may be in his
2-22 possession or under his control to the department, upon request of
2-23 any member of the Board of Pardons and Paroles or employee of the
2-24 board or the department. An officer listed in this subsection who
2-25 provides written information to the department under this
2-26 subsection or to the department or board under this article is not
2-27 required to comply with Section 30.
3-1 SECTION 3. Article 42.18, Code of Criminal Procedure, is
3-2 amended by adding Section 30 to read as follows:
3-3 Sec. 30. WRITTEN STATEMENTS ABOUT INMATES. (a) The board
3-4 or a parole panel may consider for the purposes of making a parole
3-5 decision a written statement only if the statement is completed in
3-6 accordance with Subsection (c).
3-7 (b) A notice sent by the department to a victim, legal
3-8 guardian of a victim, or close relative of a deceased victim must
3-9 include a statement that written information provided to the
3-10 department or the board relating to the release of an inmate on
3-11 parole must be completed in accordance with Subsection (c).
3-12 (c) A written statement to the board or the department must
3-13 include a form declaration that reads substantially as follows:
3-14 "I (insert name), am writing regarding the pending release of
3-15 (insert inmate's name and if known, identifying number issued by
3-16 the Texas Department of Criminal Justice or county jail). I
3-17 declare under penalty of perjury that the information in this
3-18 statement is true and correct."
3-19 (d) It is an affirmative defense to a civil action for
3-20 damages based on a communication to the department or the board
3-21 that the communication was true. If a defendant raises the
3-22 affirmative defense of truth, the court shall abate all proceedings
3-23 until the court can determine whether the claim has a basis in law
3-24 or fact. The court may hold a hearing or decide on the pleading
3-25 whether the claim has a basis in law or fact. The burden of proof
3-26 is on the plaintiff to overcome the affirmative defense of truth.
3-27 (e) This section does not apply to a written statement
4-1 provided by:
4-2 (1) an officer listed in Section 9(a); or
4-3 (2) a person compensated to provide representation for
4-4 an inmate before the department or board.
4-5 SECTION 4. Article 56.03, Code of Criminal Procedure, is
4-6 amended by adding Subsection (i) to read as follows:
4-7 (i) The victim impact statement must be in a form designed
4-8 to provide information to the Texas Department of Criminal Justice
4-9 and the Board of Pardons and Paroles relating to the release of an
4-10 inmate on parole, and must include a form declaration that reads
4-11 substantially similar to the form described by Section 30(c),
4-12 Article 42.18.
4-13 SECTION 5. Section 37.02(a), Penal Code, is amended to read
4-14 as follows:
4-15 (a) A person commits an offense if, with intent to deceive
4-16 and with knowledge of the statement's meaning:
4-17 (1) he makes a false statement under oath or swears to
4-18 the truth of a false statement previously made and the statement is
4-19 required or authorized by law to be made under oath; or
4-20 (2) he makes a false unsworn declaration under Section
4-21 30, Article 42.18, Code of Criminal Procedure, or Chapter 132,
4-22 Civil Practice and Remedies Code.
4-23 SECTION 6. This Act takes effect September 1, 1997.
4-24 SECTION 7. The importance of this legislation and the
4-25 crowded condition of the calendars in both houses create an
4-26 emergency and an imperative public necessity that the
4-27 constitutional rule requiring bills to be read on three several
5-1 days in each house be suspended, and this rule is hereby suspended.