BILL ANALYSIS
By: Truitt
BACKGROUND AND PURPOSE
Current statute 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. HB 309 allows the nearest relative by consanguinity to represent the victim in the parole process in the event that the victim’s immediate family are deceased or incapacitated.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
The bill amends Section 508.117 of the Government Code by expanding the definition of a close relative of a deceased victim for the purposes of that section. The definition is expanded to include the nearest relative of a deceased victim by consanguinity if the spouse of the victim at the time of the victim's death, a parent of the deceased victim, and an adult brother, sister, or child of the deceased victim are deceased or are incapacitated due to physical or mental illness or infirmity.
EFFECTIVE DATE
Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.