By Maxey                                              H.B. No. 3505
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of the attorney general to establish an
 1-3     information and notification system for crime victims funded by the
 1-4     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 establish a custody and
1-10     court information and notification system to:
1-11                 (1)  establish a toll-free number that a person
1-12     anywhere in the state may call 24 hours a day, 365 days a year, for
1-13     information regarding:
1-14                       (A)  whether an offender has been released or
1-15     transferred or has escaped from custody;
1-16                       (B)  the location of an offender who has been
1-17     transferred; and
1-18                       (C)  any information reported to the attorney
1-19     general regarding public court proceedings related to a criminal
1-20     offense; and
1-21                 (2)  notify the victim by telephone, facsimile,
1-22     electronic mail, letter, or any other reasonable means when there
1-23     is a change in:
 2-1                       (A)  the custody status of the offender; or
 2-2                       (B)  the schedule of a public court proceeding
 2-3     related to the offense.
 2-4           (b)  It is the responsibility of the victim desiring notice
 2-5     under Subsection (a)(2) to provide the attorney general with the
 2-6     telephone number, facsimile number, electronic mail address, or
 2-7     address of the victim or other person through whom the victim may
 2-8     be contacted and to notify the attorney general of any change in
 2-9     telephone or facsimile number, electronic mail address, or address
2-10     of the victim or other person.  Information obtained and maintained
2-11     by the attorney general under this subsection is  privileged and
2-12     confidential.
2-13           (c)  The attorney general shall make a reasonable attempt to
2-14     notify a victim under Section (a)(2):
2-15                 (1)  not later than the 30th day after:
2-16                       (A)  the offender is released or transferred; or
2-17                       (B)  there is a change in the schedule for a
2-18     public court proceeding related to the offense; or
2-19                 (2)  immediately if the offender escapes from custody.
2-20           (d)  An attempt by the attorney general to notify the victim
2-21     at the victim's last known telephone or facsimile number,
2-22     electronic mail address, or address is a reasonable attempt to
2-23     notify the victim under this article.
2-24           (e)  The guardian of a victim or a close relative of a
2-25     deceased victim may receive the notice provided to a victim under
2-26     this article by filing a written request for the notice with the
 3-1     attorney general that provides all of the information required by
 3-2     Subsection (b) for victim notification.
 3-3           (f)  The information and notification services provided under
 3-4     this article shall be available in English, Spanish, and any other
 3-5     languages selected by the attorney general.
 3-6           (g)  As part of the information and notification system, the
 3-7     attorney general may:
 3-8                 (1)  establish an automated system to notify victims
 3-9     under Subsection (a)(2) by a computerized telephone service;
3-10                 (2)  provide computer equipment to corrections
3-11     facilities and courts to enable the corrections facilities and
3-12     courts to automatically notify the attorney general of information
3-13     regarding the custody status of an offender or a scheduled public
3-14     court proceeding related to a criminal offense;
3-15                 (3)  establish a service for monitoring the information
3-16     and notification systems;
3-17                 (4)  assign each victim who requests notification
3-18     service an identification number, to be used to monitor whether the
3-19     victim receives any requested notification and to provide the
3-20     victim additional or confidential information through the toll-free
3-21     number established under Subsection (a)(1) or an Internet site
3-22     established under Subsection (g)(5);
3-23                 (5)  create an Internet site to provide the information
3-24     described by Subsection (a)(1); and
3-25                 (6)  provide training or support materials to educate
3-26     the public, law enforcement, and victim service providers on the
 4-1     services provided by the attorney general under this article.
 4-2           SECTION 2. Article 56.541, Code of Criminal Procedure, is
 4-3     amended by adding a new Subsection (f) and redesignating existing
 4-4     Subsection (f) as Subsection (g) to read as follows:
 4-5           (f)  The attorney general may use money appropriated from the
 4-6     compensation to victims of crime fund for grants or contracts
 4-7     supporting a custody and court information and notification system
 4-8     established under Article 56.13.
 4-9           (g) [(f)]  The attorney general shall adopt rules necessary
4-10     to carry out this article.
4-11           SECTION 3.  This Act takes effect immediately if it receives
4-12     a vote of two-thirds of all the members elected to each house, as
4-13     provided by Section 39, Article III, Texas Constitution.  If this
4-14     Act does not receive the vote necessary for immediate effect, this
4-15     Act takes effect September 1, 2001.