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A BILL TO BE ENTITLED
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AN ACT
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relating to providing notice of the release or escape of a defendant |
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to certain crime victims and witnesses in criminal trials. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 56.11, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 56.11. NOTIFICATION TO VICTIM OR WITNESS OF RELEASE OR |
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ESCAPE OF DEFENDANT. (a) The Texas Department of Criminal Justice |
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or the sheriff, whichever has custody of the defendant in the case |
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of a felony, or the sheriff in the case of a misdemeanor, shall |
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notify the victim of the offense or a witness who testified against |
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the defendant at the trial for the offense, other than a witness who |
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testified in the course and scope of the witness's official or |
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professional duties, whenever a defendant [person] convicted of an |
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offense described by Subsection (c): |
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(1) completes the defendant's [person's] sentence and |
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is released; or |
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(2) escapes from a correctional facility. |
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(b) If the Texas Department of Criminal Justice is required |
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by Subsection (a) to give notice to a [the] victim or witness [of an
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offense], the department shall also give notice to local law |
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enforcement officials in the county in which the victim or witness |
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resides. |
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(c) This article applies to a defendant [person] convicted |
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of: |
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(1) an offense under Title 5, Penal Code, that is |
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punishable as a felony; |
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(2) an offense described by Section 508.187(a), |
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Government Code, other than an offense described by Subdivision |
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(1);[,] or |
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(3) an offense involving family violence, stalking, or |
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violation of a protective order or magistrate's order. |
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(d) It is the responsibility of a victim or witness desiring |
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notification of the defendant's [offender's] release to provide the |
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Texas Department of Criminal Justice or the sheriff, as |
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appropriate, with the e-mail address, mailing address, and |
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telephone number of the victim, witness, or other person through |
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whom the victim or witness may be contacted and to notify the |
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department or the sheriff of any change of address or telephone |
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number of the victim, witness, or other person. Information |
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obtained and maintained by the Texas Department of Criminal Justice |
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or a sheriff under this subsection is privileged and confidential. |
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(e) The Texas Department of Criminal Justice or the sheriff, |
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as appropriate: |
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(1) [,] shall make a reasonable attempt to give any |
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[the] notice required by Subsection (a): |
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(A) [(1)] not later than the 30th day before the |
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date the defendant [person] completes the sentence and is released; |
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or |
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(B) [(2)] immediately if the defendant [person] |
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escapes from the correctional facility; and |
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(2) may give any notice required by Subsection (a) by |
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e-mail, if possible. |
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(f) An attempt by the Texas Department of Criminal Justice |
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or the sheriff to give notice to a [the] victim or witness at the |
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victim's or witness's last known mailing address or, if notice via |
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e-mail is possible, last known e-mail address, as shown on the |
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records of the department or agency, constitutes a reasonable |
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attempt to give notice under this article. |
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(g) Not later than immediately following the conviction of a |
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defendant described by Subsection (c), the attorney who represented |
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the state in the prosecution of the case shall notify in writing a |
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victim or witness described by Subsection (a) of the victim's or |
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witness's right to receive notice under this article. |
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(h) In this article: |
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(1) "Correctional facility" has the meaning assigned |
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by Section 1.07, Penal Code. |
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(2) "Family violence" has the meaning assigned by |
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Section 71.004, Family Code. |
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SECTION 2. Article 56.12, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 56.12. NOTIFICATION OF ESCAPE OR TRANSFER. (a) The |
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Texas Department of Criminal Justice shall immediately notify the |
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victim of an offense, the victim's guardian, or the victim's close |
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relative, if the victim is deceased, if the victim, victim's |
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guardian, or victim's close relative has notified the institutional |
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division as provided by Subsection (b) of this article, whenever |
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the defendant [offender]: |
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(1) escapes from a facility operated by the |
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institutional division; or |
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(2) is transferred from the custody of the |
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institutional division to the custody of a peace officer under a |
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writ of attachment or a bench warrant. |
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(a-1) The Texas Department of Criminal Justice shall |
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immediately notify a witness who testified against a defendant at |
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the trial for the offense for which the defendant is incarcerated, |
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the witness's guardian, or the witness's close relative, if the |
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witness is deceased, if the witness, witness's guardian, or |
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witness's close relative has notified the institutional division as |
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provided by Subsection (b), whenever the defendant: |
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(1) escapes from a facility operated by the |
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institutional division; or |
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(2) is transferred from the custody of the |
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institutional division to the custody of a peace officer under a |
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writ of attachment or a bench warrant. |
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(b) It is the responsibility of the victim, witness, |
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guardian, or close relative desiring notification of a defendant's |
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[an offender's] escape or transfer from custody under a writ of |
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attachment or bench warrant to notify the Texas Department of |
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Criminal Justice of the desire for notification and any change of |
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address. |
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(c) In providing notice under Subsection (a)(2) or |
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(a-1)(2), the institutional division shall include the name, |
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address, and telephone number of the peace officer receiving the |
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defendant [inmate] into custody. On returning the defendant |
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[inmate] to the custody of the institutional division, the victim |
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services division of the Texas Department of Criminal Justice shall |
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notify the victim, witness, [the victim's] guardian, or [the
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victim's] close relative, as applicable [if the victim is
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deceased], of that fact. |
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(d) In this article, "witness's close relative" means a |
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person who was the spouse of the deceased witness at the time of the |
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witness's death or who is a parent or adult brother, sister, or |
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child of the deceased witness. |
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SECTION 3. Subchapter A, Chapter 56, Code of Criminal |
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Procedure, is amended by adding Article 56.15 to read as follows: |
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Art. 56.15. COMPUTERIZED DATABASE; DEFENDANT RELEASE |
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INFORMATION. The Texas Department of Criminal Justice shall: |
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(1) create and maintain a computerized database |
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containing the release information and release date of a defendant |
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described by Article 56.11(c); and |
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(2) allow a victim or witness entitled to notice under |
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Article 56.11 or 56.12 to access via the Internet the computerized |
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database maintained under Subdivision (1). |
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SECTION 4. The changes in law made by Articles 56.11 and |
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56.12, Code of Criminal Procedure, as amended by this Act, apply |
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only to a notice regarding a defendant who is released or escapes on |
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or after September 1, 2007. A notice regarding a defendant who is |
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released or escapes before September 1, 2007, is governed by the law |
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in effect at the time the defendant was released or escaped, and the |
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previous law is continued in effect for that purpose. |
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SECTION 5. The Texas Department of Criminal Justice shall |
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complete the creation of the computerized database required by |
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Article 56.15, Code of Criminal Procedure, as added by this Act, not |
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later than March 1, 2008, and shall begin to allow victims or |
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witnesses described by Article 56.11 or 56.12, Code of Criminal |
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Procedure, access to that database on a date that is not later than |
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September 1, 2008. |
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SECTION 6. This Act takes effect September 1, 2007. |
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