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A BILL TO BE ENTITLED
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AN ACT
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relating to notice provided to certain victims or witnesses |
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regarding certain inmates or defendants who are electronically |
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monitored. |
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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 by adding Subsection (a-1) and amending Subsections (d), |
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(e), and (f) to read as follows: |
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(a-1) The Texas Department of Criminal Justice, in the case |
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of an inmate released on parole or to mandatory supervision |
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following a term of imprisonment for an offense described by |
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Subsection (c), or a community supervision and corrections |
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department supervising a defendant, in the case of a defendant |
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convicted of an offense described by Subsection (c) and |
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subsequently released on community supervision, shall notify a |
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victim or witness described by Subsection (a) whenever the inmate |
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or defendant, if subject to electronic monitoring as a condition of |
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release, ceases to be electronically monitored. |
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(d) It is the responsibility of a victim or witness desiring |
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notification of the defendant's release to provide the Texas |
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Department of Criminal Justice, [or] the sheriff, or the community |
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supervision and corrections department supervising the defendant, |
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as 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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appropriate department or the sheriff of any change of address or |
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telephone number of the victim, witness, or other |
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person. Information obtained and maintained by the Texas |
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Department of Criminal Justice, [or] a sheriff, or a community |
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supervision and corrections department under this subsection is |
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privileged and confidential. |
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(e) The Texas Department of Criminal Justice, [or] the |
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sheriff, or the community supervision and corrections department |
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supervising the defendant, as appropriate: |
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(1) shall make a reasonable attempt to give any notice |
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required by Subsection (a) or (a-1): |
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(A) not later than the 30th day before the date |
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the defendant completes the sentence and is released or ceases to be |
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electronically monitored as a condition of release; or |
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(B) immediately if the defendant escapes from the |
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correctional facility; and |
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(2) may give any notice required by Subsection (a) or |
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(a-1) by 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, or the community supervision and corrections |
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department supervising the defendant to give notice to a victim or |
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witness at the victim's or witness's last known mailing address or, |
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if notice via e-mail is possible, last known e-mail address, as |
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shown on the records of the appropriate department or agency, |
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constitutes a reasonable attempt to give notice under this article. |
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SECTION 2. The change in law made by this Act applies only |
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to the notice regarding an inmate or defendant who is ordered, on or |
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after the effective date of this Act, to submit to electronic |
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monitoring as a condition of release. A notice regarding an inmate |
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or defendant who was ordered before the effective date of this Act |
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to submit to electronic monitoring as a condition of release is |
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governed by the law in effect at the time the defendant was ordered |
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to submit to electronic monitoring, and the previous law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |