BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 309

80R1617 PEP-D                                                                                         By: Truitt, Pena (Brimer)

                                                                                                                                   Criminal Justice

                                                                                                                                            5/17/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law is unclear as to who can represent a deceased victim in the parole process if the victim’s close relatives (spouse, siblings, parents, children) are deceased or incapacitated.  This has caused problems for victims' advocates and the Texas Board of Pardons and Paroles.  

 

H.B. 309 authorizes the nearest relative by consanguinity to represent a victim in the parole process in the event that the victim’s immediate family are deceased or incapacitated.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 508.117(g)(1), Government Code, to redefine “close relative of a deceased victim” to include a person who was the nearest relative of the deceased victim by consanguinity, if the persons described by Paragraphs (A) through (C) (the spouse, parent, or adult brother, sister, or child of the deceased victim) are deceased or are incapacitated due to physical or mental illness or infirmity.

 

SECTION 2.  Effective date:  upon passage or September 1, 2007.