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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of an inmate on parole. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.117, Government Code, is amended by |
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amending Subsections (b), (c), and (e) and adding Subsections (b-1) |
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and (b-2) to read as follows: |
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(b) A victim, guardian of a victim, or close relative of a |
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deceased victim who would have been entitled to notification of |
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parole proceedings [consideration] by the division but failed to |
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provide a victim impact statement containing the person's name and |
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address may file with the division a written request for |
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notification. After receiving the written request for |
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notification, the division shall grant to the person all |
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privileges, including notification under this section, to which the |
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person would have been entitled had the person submitted a |
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completed victim impact statement. |
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(b-1) Regardless of whether a victim, guardian of a victim, |
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or close relative of a deceased victim provided a victim impact |
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statement or indicated on the statement that the person did or did |
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not wish to be notified of parole proceedings concerning an inmate, |
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the victim, guardian, or close relative may at any time file with |
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the division a written statement indicating that the person: |
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(1) eternally protests the release of the inmate under |
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any circumstance and urges the protest to be considered in any |
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parole proceeding concerning the inmate; and |
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(2) with respect to notification of parole proceedings |
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concerning the inmate: |
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(A) wishes to be notified of any parole |
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proceedings by the division; |
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(B) wishes to be notified only after a parole |
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panel orders the release of the inmate; or |
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(C) does not wish to be notified at any time, |
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including after a parole panel orders the release of the inmate. |
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(b-2) A victim, guardian of a victim, or close relative of a |
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deceased victim who files a statement with the division under |
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Subsection (b-1) may at any time on written notice to the division: |
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(1) withdraw the person's protest under Subsection |
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(b-1)(1); or |
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(2) indicate a change in the circumstances under |
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which the person wishes to be notified under Subsection (b-1)(2). |
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(c) If the notice is sent to a guardian or close relative of |
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a deceased victim, the notice must contain a request by the division |
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that the guardian or relative inform other persons having an |
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interest in the matter that the inmate is the subject of a parole |
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proceeding [being considered for release on parole]. |
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(e) Before an inmate is released from the institutional |
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division on parole or to mandatory supervision, the pardons and |
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paroles division shall give notice of the release to a person |
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entitled to notification of parole proceedings concerning |
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[consideration for] the inmate under Subsection (a) or (b), unless: |
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(1) the person has filed with the division a written |
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statement described by Subsection (b-1)(2)(C) and has not withdrawn |
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that statement; or |
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(2) the parole panel ordering the release of the |
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inmate determines that, notwithstanding a written statement |
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described by Subsection (b-1)(2)(C), notification is necessary to |
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the person's safety. |
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SECTION 2. Section 508.141(g), Government Code, is amended |
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to read as follows: |
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(g) The board shall adopt a policy establishing the date on |
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which the board may reconsider for release an inmate who has |
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previously been denied release. The policy must require the board |
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to reconsider for release an inmate serving a sentence for an |
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offense listed in Section 508.149(a) during a month designated by |
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the parole panel that denied release. The designated month must |
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begin after the first anniversary of the date of the denial and end |
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before the fifth anniversary of the date of the denial, unless the |
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inmate is serving a sentence for an offense under Section 22.021, |
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Penal Code, or was sentenced to serve a term of imprisonment for |
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life on conviction of a capital felony, in which event the |
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designated month must begin after the first anniversary of the date |
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of the denial and end before the 10th anniversary of the date of the |
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denial. The policy must require the board to reconsider for release |
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an inmate other than an inmate serving a sentence for an offense |
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listed in Section 508.149(a) as soon as practicable after the first |
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anniversary of the date of the denial. |
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SECTION 3. The Board of Pardons and Paroles shall adopt a |
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policy consistent with Section 508.141(g), Government Code, as |
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amended by this Act, as soon as practicable after the effective date |
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of this Act. |
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SECTION 4. This Act takes effect September 1, 2013. |