80R293 KCR-D

By: Guillen H.B. No. 963

A BILL TO BE ENTITLED

AN ACT

relating to providing notice of the release or escape of a defendant to certain crime victims and witnesses in criminal trials.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act shall be known as the Diana Hinojosa Leal Act.

SECTION 2. Article 56.11, Code of Criminal Procedure, is amended to read as follows:

Art. 56.11. NOTIFICATION TO VICTIM OR WITNESS OF RELEASE OR ESCAPE OF DEFENDANT. (a) The Texas Department of Criminal Justice or the sheriff, whichever has custody of the defendant in the case of a felony, or the sheriff in the case of a misdemeanor, shall notify the victim of the offense or a witness who testified against the defendant at the trial for the offense whenever a defendant [person] convicted of an offense described by Subsection (c):

(1) completes the defendant's [person's] sentence and is released; or

(2) escapes from a correctional facility.

(b) If the Texas Department of Criminal Justice is required by Subsection (a) to give notice to a [the] victim or witness [of an offense], the department shall also give notice to local law enforcement officials in the county in which the victim or witness resides.

(c) This article applies to a defendant [person] convicted of:

(1) an offense under Title 5, Penal Code, that is punishable as a felony;

(2) an offense described by Section 508.187(a), Government Code, other than an offense described by Subdivision (1);[,] or

(3) an offense involving family violence, stalking, or violation of a protective order or magistrate's order.

(d) It is the responsibility of a victim or witness desiring notification of the defendant's [offender's] release to provide the Texas Department of Criminal Justice or the sheriff, as appropriate, with the e-mail address, mailing address, and telephone number of the victim, witness, or other person through whom the victim or witness may be contacted and to notify the department or the sheriff of any change of address or telephone number of the victim, witness, or other person. Information obtained and maintained by the Texas Department of Criminal Justice or a sheriff under this subsection is privileged and confidential.

(e) The Texas Department of Criminal Justice or the sheriff, as appropriate, shall:

(1) give the notice required by Subsection (a) by e-mail, if possible; and

(2) make a reasonable attempt to give any [the] notice required by Subsection (a):

(A) [(1)] not later than the 30th day before the date the defendant [person] completes the sentence and is released; or

(B) [(2)] immediately if the defendant [person] escapes from the correctional facility.

(f) An attempt by the Texas Department of Criminal Justice or the sheriff to give notice to a [the] victim or witness at the victim's or witness's last known e-mail address and mailing address, as shown on the records of the department or agency, constitutes a reasonable attempt to give notice under this article.

(g) Immediately following the conviction of a defendant described by Subsection (c), the attorney who represented the state in the prosecution of the case shall notify in writing a victim or witness described by Subsection (a) of the victim's or witness's right to receive notice under this article.

(h) In this article:

(1) "Correctional facility" has the meaning assigned by Section 1.07, Penal Code.

(2) "Family violence" has the meaning assigned by Section 71.004, Family Code.

SECTION 3. Article 56.12, Code of Criminal Procedure, is amended to read as follows:

Art. 56.12. NOTIFICATION OF ESCAPE OR TRANSFER. (a) The Texas Department of Criminal Justice shall immediately notify the victim of an offense, the victim's guardian, or the victim's close relative, if the victim is deceased, if the victim, victim's guardian, or victim's close relative has notified the institutional division as provided by Subsection (b) of this article, whenever the defendant [offender]:

(1) escapes from a facility operated by the institutional division; or

(2) is transferred from the custody of the institutional division to the custody of a peace officer under a writ of attachment or a bench warrant.

(a-1) The Texas Department of Criminal Justice shall immediately notify a witness who testified against a defendant at the trial for the offense for which the defendant is incarcerated, the witness's guardian, or the witness's close relative, if the witness is deceased, if the witness, witness's guardian, or witness's close relative has notified the institutional division as provided by Subsection (b), whenever the defendant:

(1) escapes from a facility operated by the institutional division; or

(2) is transferred from the custody of the institutional division to the custody of a peace officer under a writ of attachment or a bench warrant.

(b) It is the responsibility of the victim, witness, guardian, or close relative desiring notification of a defendant's [an offender's] escape or transfer from custody under a writ of attachment or bench warrant to notify the Texas Department of Criminal Justice of the desire for notification and any change of address.

(c) In providing notice under Subsection (a)(2) or (a-1)(2), the institutional division shall include the name, address, and telephone number of the peace officer receiving the defendant [inmate] into custody. On returning the defendant [inmate] to the custody of the institutional division, the victim services division of the Texas Department of Criminal Justice shall notify the victim, witness, [the victim's] guardian, or [the victim's] close relative, as applicable [if the victim is deceased], of that fact.

(d) In this article, "witness's close relative" means a person who was the spouse of the deceased witness at the time of the witness's death or who is a parent or adult brother, sister, or child of the deceased witness.

SECTION 4. Subchapter A, Chapter 56, Code of Criminal Procedure, is amended by adding Article 56.15 to read as follows:

Art. 56.15. COMPUTERIZED DATABASE; DEFENDANT RELEASE INFORMATION. The Texas Department of Criminal Justice shall:

(1) create and maintain a computerized database containing the release information and release date of a defendant described by Article 56.11(c); and

(2) allow a victim or witness entitled to notice under Article 56.11 or 56.12 to access via the Internet the computerized database maintained under Subdivision (1).

SECTION 5. The changes in law made by Articles 56.11 and 56.12, Code of Criminal Procedure, as amended by this Act, apply only to a notice regarding a defendant who is released or escapes on or after September 1, 2007. A notice regarding a defendant who is released or escapes before September 1, 2007, is governed by the law in effect at the time the defendant was released or escaped, and the previous law is continued in effect for that purpose.

SECTION 6. The Texas Department of Criminal Justice shall complete the creation of the computerized database required by Article 56.15, Code of Criminal Procedure, as added by this Act, not later than March 1, 2008, and shall begin to allow victims or witnesses described by Article 56.11 or 56.12, Code of Criminal Procedure, access to that database on a date that is not later than September 1, 2008.

SECTION 7. This Act takes effect September 1, 2007.