HBA-MSH, EDN H.B. 223 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 223
By: Wise
Corrections
7/18/2001
Enrolled


BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, attorneys representing the state in the
prosecution of a sex offender were not required to provide any written
comments on the circumstances relating to the commission of the offense.
Access to such information would have helped a parole panel in making a
decision to release or retain a sex offender.  Also, the Texas Department
of Criminal Justice (TDCJ) was not required to notify the victims of
certain sexual offenses of the release or escape of the person serving a
sentence for the offense as is required for other offenses such as stalking
and family violence.  House Bill 223 requires attorneys representing the
state in the prosecution of a sex offender to provide written comments
relating to the offense committed to TDCJ and TDCJ to notify victims of the
release or escape of a sex offender. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 223 amends the Government Code to require an attorney
representing the state in the prosecution of an inmate serving a sentence
for specified sexual offenses and kidnaping and burglary offenses to
provide written comments to the Texas Department of Criminal Justice (TDCJ)
on the circumstances related to the commission of the offense and other
information determined by the attorney to be relevant to any subsequent
parole decisions regarding the inmate.  The bill places a minimum period of
time, to be determined by a parole panel, on the existing requirement as a
condition of parole or mandatory supervision that the releasee whose victim
was a child attend psychological counseling sessions for sex offenders with
an individual or organization that provides sex offender treatment or
counseling as specified by the parole officer supervising the releasee
after release. 

The bill also amends the Code of Criminal Procedure to require TDCJ or a
sheriff, whichever has custody of the inmate serving a sentence for the
aforementioned specified offenses, to notify the victim of the offense and
local law enforcement officials in the county in which the victim resides
of the inmate's completion of sentence and release or escape from a
correctional facility.  

EFFECTIVE DATE

September 1, 2001.