77R12221 ATP-D
By Maxey H.B. No. 3505
Substitute the following for H.B. No. 3505:
By Hinojosa C.S.H.B. No. 3505
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the attorney general to fund the
1-3 establishment of an information and notification system for crime
1-4 victims with the compensation to victims of crime fund.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 56, Code of Criminal
1-7 Procedure, is amended by adding Article 56.13 to read as follows:
1-8 Art. 56.13. CUSTODY AND COURT INFORMATION AND NOTIFICATION
1-9 SYSTEM. (a) The attorney general shall provide funding from the
1-10 compensation to victims of crime fund to the Texas Crime Victim
1-11 Clearinghouse to be used to establish a custody and court
1-12 information and notification system to:
1-13 (1) establish a toll-free number that a person
1-14 anywhere in the state may call 24 hours a day, 365 days a year, for
1-15 information regarding:
1-16 (A) whether an offender has been released or
1-17 transferred or has escaped from custody;
1-18 (B) the location of an offender who has been
1-19 transferred; and
1-20 (C) scheduled public court proceedings and
1-21 dispositions related to a criminal offense; and
1-22 (2) notify the victim, or any concerned individual who
1-23 has provided the attorney general with an address or telephone
1-24 number as required by Subsection (b), by telephone, facsimile,
2-1 electronic mail, letter, or any other reasonable means when there
2-2 is a change in:
2-3 (A) the custody status of the offender; or
2-4 (B) the schedule of a public court proceeding
2-5 related to the offense.
2-6 (b) It is the responsibility of the victim or a concerned
2-7 individual desiring notice under Subsection (a)(2) to provide the
2-8 Texas Crime Victim Clearinghouse with the telephone number,
2-9 facsimile number, electronic mail address, or address of the
2-10 victim, concerned individual, or other person through whom the
2-11 victim or individual may be contacted and to notify the Texas Crime
2-12 Victim Clearinghouse of any change in telephone or facsimile
2-13 number, electronic mail address, or address of the victim,
2-14 individual, or other person. Information obtained and maintained
2-15 by the Texas Crime Victim Clearinghouse under this subsection is
2-16 privileged and confidential.
2-17 (c) The Texas Crime Victim Clearinghouse shall notify a
2-18 victim or concerned individual immediately on determining that:
2-19 (1) the offender has been released or transferred;
2-20 (2) there has been a change in the schedule for a
2-21 public court proceeding related to the offense; or
2-22 (3) the offender has escaped from custody.
2-23 (d) The Texas Crime Victim Clearinghouse shall make
2-24 available information and notification services provided under this
2-25 article in English, Spanish, and any other languages selected by
2-26 the attorney general.
2-27 (e) As part of the information and notification system, the
3-1 Texas Crime Victim Clearinghouse shall:
3-2 (1) establish an automated system to notify victims
3-3 and concerned individuals under Subsection (a)(2) by a computerized
3-4 telephone service;
3-5 (2) provide computer equipment to corrections
3-6 facilities and courts to enable the corrections facilities and
3-7 courts to automatically notify the Texas Crime Victim Clearinghouse
3-8 to enable the Texas Crime Victim Clearinghouse to notify victims
3-9 and concerned individuals of information regarding the custody
3-10 status of an offender or a scheduled public court proceeding
3-11 related to a criminal offense;
3-12 (3) establish a service for monitoring the information
3-13 and notification systems;
3-14 (4) establish a project management team for the
3-15 implementation and ongoing operation of the information and
3-16 notification system to enable the Texas Crime Victim Clearinghouse
3-17 to effectively carry out the administration of the information and
3-18 notification system;
3-19 (5) create a secure Internet site for the project
3-20 management team, and law enforcement agencies and victim advocacy
3-21 groups selected by the project management team, to view offender
3-22 information and register victims for written notification; and
3-23 (6) provide training or support materials to educate
3-24 the public, law enforcement, and victim service providers on the
3-25 services provided by the attorney general under this article.
3-26 (f) Notwithstanding any other provision of this article, the
3-27 Texas Crime Victim Clearinghouse does not have a duty to provide
4-1 information regarding:
4-2 (1) whether an offender has been released from, has
4-3 been transferred from, or has escaped from a facility operated by
4-4 the institutional division of the Texas Department of Criminal
4-5 Justice; or
4-6 (2) the location of an offender who is in the custody
4-7 of the institutional division of the Texas Department of Criminal
4-8 Justice.
4-9 (g) This article may not be construed as altering any duty
4-10 that a law enforcement agency has under the laws of this state to
4-11 notify a crime victim or a person designated by the victim to
4-12 receive notice.
4-13 (h) The Texas Crime Victim Clearinghouse is immune from
4-14 liability for good faith conduct under this section.
4-15 SECTION 2. Article 56.541, Code of Criminal Procedure, is
4-16 amended by adding a new Subsection (f) and redesignating existing
4-17 Subsection (f) as Subsection (g) to read as follows:
4-18 (f) The attorney general shall use money appropriated from
4-19 the compensation to victims of crime fund for grants or contracts
4-20 supporting a custody and court information and notification system
4-21 established by the Texas Crime Victim Clearinghouse under Article
4-22 56.13.
4-23 (g) [(f)] The attorney general shall adopt rules necessary
4-24 to carry out this article.
4-25 SECTION 3. This Act takes effect immediately if it receives
4-26 a vote of two-thirds of all the members elected to each house, as
4-27 provided by Section 39, Article III, Texas Constitution. If this
5-1 Act does not receive the vote necessary for immediate effect, this
5-2 Act takes effect September 1, 2001.