| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to victim notification regarding the release of a |
|
|
defendant who was acquitted by reason of insanity in a criminal |
|
|
case. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 4(d)(8), Article 46.03, Code of Criminal |
|
|
Procedure, is transferred to Subchapter A, Chapter 46C, Code of |
|
|
Criminal Procedure, redesignated as Article 46C.003, Code of |
|
|
Criminal Procedure, and amended to read as follows: |
|
|
Art. 46C.003. VICTIM NOTIFICATION OF RELEASE [(8)
Victim
|
|
|
Notification of Release]. If the court issues an order [under
|
|
|
Subdivision (4) or (5)] that requires the release of an acquitted |
|
|
person on discharge or on a regimen of outpatient care, the clerk of |
|
|
the court issuing the order, using the information provided on any |
|
|
victim impact statement received by the court under Article 56.03 |
|
|
or other information made available to the court, shall [provide
|
|
|
name, address, and phone number information to the Texas Department
|
|
|
of Criminal Justice victim services division to enable the division
|
|
|
to] notify the victim or the victim's guardian or close relative of |
|
|
the release. [The victim services division shall notify any victim
|
|
|
or guardian or close relative named in the victim impact statement
|
|
|
or other information.] Notwithstanding Article 56.03(f), the |
|
|
clerk of the court may inspect a victim impact statement for the |
|
|
purpose of notification under this article [subdivision]. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2011. |