BILL ANALYSIS

 

 

 

C.S.H.B. 3249

By: Leach

Criminal Jurisprudence

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties note that many victims may not want to have contact with the applicable offender, regardless of the victim's age. C.S.H.B. 3249 seeks to protect victims who do not want this contact by providing victims of any age the discretion to decide whether they want contact from the offender.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 3249 amends the Penal Code to expand the conduct that constitutes improper contact with a victim of a certain age by a person confined in a correctional facility after being charged with or convicted of an offense that is considered a reportable conviction or adjudication for purposes of sex offender registration to include contacting by any means a victim of the offense who was 17 years of age or older at the time of the commission of the offense for which the person is confined or a member of the victim's family if the director of the correctional facility has not, before the person makes contact with the victim, received written and dated consent to the contact from the victim and has not provided the person with a copy of the consent.

 

EFFECTIVE DATE

 

September 1, 2017.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

C.S.H.B. 3249 differs from the original only by amending the caption.