| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to notification provided to certain victims of criminal |
|
|
offenses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 2, Code of Criminal Procedure, is |
|
|
amended by adding Article 2.023 to read as follows: |
|
|
Art. 2.023. NOTIFICATION TO TEXAS DEPARTMENT OF CRIMINAL |
|
|
JUSTICE. (a) This article applies only to a defendant who, in |
|
|
connection with a previous conviction for an offense listed in |
|
|
Article 42A.054(a) or for which the judgment contains an |
|
|
affirmative finding under Article 42A.054(c) or (d): |
|
|
(1) received a sentence that included imprisonment at |
|
|
a facility operated by or under contract with the Texas Department |
|
|
of Criminal Justice; and |
|
|
(2) was subsequently released from the imprisonment, |
|
|
including a release on parole, to mandatory supervision, or |
|
|
following discharge of the defendant's sentence. |
|
|
(b) Not later than the 10th day after the date that a |
|
|
defendant described by Subsection (a) is indicted for an offense |
|
|
listed in Article 42A.054(a) or for which the judgment contains an |
|
|
affirmative finding under Article 42A.054(c) or (d), the attorney |
|
|
representing the state shall notify an officer designated by the |
|
|
Texas Department of Criminal Justice of the offense charged in the |
|
|
indictment. |
|
|
SECTION 2. Chapter 493, Government Code, is amended by |
|
|
adding Section 493.0251 to read as follows: |
|
|
Sec. 493.0251. VICTIM NOTIFICATION OF SUBSEQUENT FELONY. |
|
|
(a) In this section, "victim," "guardian of a victim," and "close |
|
|
relative of a deceased victim" have the meanings assigned by |
|
|
Section 508.117. |
|
|
(b) If the department receives a notification under Article |
|
|
2.023, Code of Criminal Procedure, regarding the indictment of a |
|
|
defendant described by that article, the department shall, to the |
|
|
extent requested under Subsection (c), make a reasonable effort to |
|
|
provide notice of the offense charged in the indictment to each |
|
|
victim, guardian of a victim, or close relative of a deceased victim |
|
|
of an offense described by Article 2.023(a), Code of Criminal |
|
|
Procedure, for which the defendant was previously imprisoned at a |
|
|
facility operated by or under contract with the department and |
|
|
subsequently released. |
|
|
(c) The department shall adopt a procedure by which a |
|
|
victim, guardian of a victim, or close relative of a deceased victim |
|
|
may: |
|
|
(1) request to receive notice under this section; and |
|
|
(2) inform the department of the person's address for |
|
|
purposes of providing the notice. |
|
|
(d) Except as necessary to comply with this section, the |
|
|
board or the department may not disclose to any person the name or |
|
|
address of a person entitled to notice under this section unless: |
|
|
(1) the person approves the disclosure; or |
|
|
(2) a court determines that there is good cause for the |
|
|
disclosure and orders the board or the department to disclose the |
|
|
information. |
|
|
SECTION 3. Not later than November 1, 2017, the Texas |
|
|
Department of Criminal Justice shall adopt rules necessary to |
|
|
implement Section 493.0251, Government Code, as added by this Act. |
|
|
SECTION 4. Article 2.023, Code of Criminal Procedure, as |
|
|
added by this Act, applies only to a criminal case in which the |
|
|
indictment is presented to the court on or after December 1, 2017. |
|
|
A criminal case in which the indictment is presented to the court |
|
|
before December 1, 2017, is governed by the law in effect on the |
|
|
date the indictment is presented, and the former law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 5. This Act takes effect September 1, 2017. |
|
|
|
|
|
* * * * * |