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A BILL TO BE ENTITLED
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AN ACT
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relating to the notice provided to certain crime victims before the |
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release of certain defendants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. VICTIM'S RIGHT TO REQUEST PHOTOGRAPH BEFORE |
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DEFENDANT'S RELEASE. (a) Not later than the seventh day before the |
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date a defendant is released on parole or mandatory supervision or |
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completes the defendant's sentence and is released, the Texas |
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Department of Criminal Justice or the sheriff, whichever has |
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custody of the defendant, shall provide to the victim, the guardian |
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of the victim, or a close relative of a deceased victim a current |
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photograph of the defendant if the victim, guardian, or relative |
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requests the photograph in accordance with this article. |
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(b) This article applies to a person convicted of: |
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(1) an offense under Title 5 or 6, Penal Code; or |
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(2) an offense that is not described by Subdivision |
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(1) and that involves family violence, stalking, or violation of a |
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protective order or magistrate's order. |
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(c) It is the responsibility of a victim, guardian of a |
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victim, or close relative of a deceased victim that desires a |
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current photograph of a defendant before the defendant is released |
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in a manner described by Subsection (a) to provide the Texas |
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Department of Criminal Justice or the sheriff, as appropriate, with |
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the address of the victim or other person through whom the victim |
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may be contacted and to notify the department or the sheriff of any |
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change of address of the victim 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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(d) In this article: |
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(1) "Current photograph" means a photograph of the |
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defendant taken not earlier than the 30th day before the date the |
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defendant is released. |
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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 56.15, Code of Criminal Procedure, as |
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added by this Act, applies only to the release of a defendant that |
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occurs on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2007. |