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.