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