77R12008 GWK-D
By Danburg, et al. H.B. No. 1429
Substitute the following for H.B. No. 1429:
By Haggerty C.S.H.B. No. 1429
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring the provision of notice to crime victims
1-3 about the release of certain inmates on parole.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 508.117, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 508.117. VICTIM NOTIFICATION. (a) Before a parole
1-8 panel considers for release on parole an inmate who is serving a
1-9 sentence for an offense in which a person was a victim, the
1-10 division, using the name and address provided on a written request
1-11 for notification submitted under Subsection (c) [the victim impact
1-12 statement], shall make a reasonable effort to notify:
1-13 (1) the victim;
1-14 (2) if the victim has a guardian, the guardian; or
1-15 (3) if the victim is deceased, a close relative of the
1-16 deceased victim.
1-17 (b) Not later than the 30th day before the date on which a
1-18 parole panel orders the release on parole of an inmate who is
1-19 serving a sentence for an offense in which a person was a victim,
1-20 the division, using the name and address provided on the victim
1-21 impact statement, shall make a reasonable effort to notify:
1-22 (1) the victim;
1-23 (2) if the victim has a guardian, the guardian; or
1-24 (3) if the victim is deceased, a close relative of the
2-1 deceased victim.
2-2 (c) A victim, guardian of a victim, or close relative of a
2-3 deceased victim who wishes to receive [would have been entitled to]
2-4 notification under Subsection (a) [of parole consideration by the
2-5 division but failed to provide a victim impact statement containing
2-6 the person's name and address] may file with the division a written
2-7 request for notification. A victim, guardian of a victim, or close
2-8 relative of a deceased victim is entitled to notification under
2-9 Subsection (b), directed to the address provided on the victim
2-10 impact statement, or if no name or address was provided on the
2-11 statement, directed to the address stated in a written request for
2-12 notification filed with the division. After receiving a [the]
2-13 written request under this subsection, the division shall grant to
2-14 the person all privileges, including notification under this
2-15 section, to which the person would have been entitled had the
2-16 person submitted a completed victim impact statement.
2-17 (d) [(c)] The notice must state that the inmate is being
2-18 considered for release or that a parole panel is giving favorable
2-19 consideration to releasing the inmate on parole, as appropriate. If
2-20 the notice is sent to a guardian or close relative of a deceased
2-21 victim, the notice must contain a request by the division that the
2-22 guardian or relative inform other persons having an interest in the
2-23 matter that the inmate is being considered for release on parole or
2-24 is being considered favorably for release on parole, as
2-25 appropriate.
2-26 (e) [(d)] If the division fails to provide notice as
2-27 required by this section, a parole panel may not release on parole
3-1 the inmate who was to be the subject of the notice. However, the
3-2 [The] failure of the division to comply with notice requirements of
3-3 this section is not a ground for revocation of parole.
3-4 [(e) Before an inmate is released from the institutional
3-5 division on parole or to mandatory supervision, the pardons and
3-6 paroles division shall give notice of the release to a person
3-7 entitled to notification of parole consideration for the inmate
3-8 under Subsection (a) or (b).]
3-9 (f) Except as necessary to comply with this section, the
3-10 board or the department may not disclose to any person the name or
3-11 address of a person entitled to notice under this section unless:
3-12 (1) the person approves the disclosure; or
3-13 (2) a court determines that there is good cause for
3-14 disclosure and orders the board or the department to disclose the
3-15 information.
3-16 (g) In this section:
3-17 (1) "Close relative of a deceased victim" means a
3-18 person who was:
3-19 (A) the spouse of the victim at the time of the
3-20 victim's death;
3-21 (B) a parent of the deceased victim; or
3-22 (C) an adult brother, sister, or child of the
3-23 deceased victim.
3-24 (2) "Guardian of a victim" means a person who is the
3-25 legal guardian of a victim, whether or not the legal relationship
3-26 between the guardian and the victim exists because of the age of
3-27 the victim or the physical or mental incompetency of the victim.
4-1 (3) "Victim" means a person who:
4-2 (A) is a victim of sexual assault, kidnapping,
4-3 aggravated robbery, or felony stalking; or
4-4 (B) has suffered bodily injury or death as the
4-5 result of the criminal conduct of another.
4-6 SECTION 2. The change in law made by this Act applies only to
4-7 an inmate released on parole on or after December 1, 2001.
4-8 SECTION 3. This Act takes effect immediately if it receives
4-9 a vote of two-thirds of all the members elected to each house, as
4-10 provided by Section 39, Article III, Texas Constitution. If this
4-11 Act does not receive the vote necessary for immediate effect, this
4-12 Act takes effect September 1, 2001.