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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the offense of improper contact with an |
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adult victim of a criminal offense and providing certain rights to a |
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victim and the victim's family regarding contact by an inmate or an |
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inmate's representative. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 56.02, Code of Criminal Procedure, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) If a defendant is sentenced to a term of imprisonment |
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in a facility operated by or under contract with the Texas |
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Department of Criminal Justice, a victim, guardian of a victim, or |
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close relative of a deceased victim is entitled under Section |
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500.009, Government Code, to consent to contact or to request no |
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contact from the defendant or the defendant's representatives, |
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including family members, friends, attorneys, and other third |
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parties working on behalf of the defendant. |
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SECTION 2. Chapter 500, Government Code, is amended by |
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adding Section 500.009 to read as follows: |
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Sec. 500.009. CONTACT BY INMATE OR INMATE'S REPRESENTATIVE |
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WITH VICTIM OR CERTAIN OTHER PERSONS. (a) In this section: |
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(1) "Close relative of a deceased victim," "guardian |
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of a victim," and "victim" have the meanings assigned by Article |
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56.01, Code of Criminal Procedure. |
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(2) "Inmate" means the defendant in the victim's case |
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who is sentenced to a term of imprisonment in a facility operated by |
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or under contract with the department. |
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(3) "Inmate's representative" means any third party |
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working on behalf of an inmate, including a family member of, friend |
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of, or attorney for the inmate. |
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(b) A victim, guardian of a victim, or close relative of a |
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deceased victim has the right to consent to contact or to request no |
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contact from an inmate or an inmate's representatives. |
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(c) An inmate or an inmate's representative: |
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(1) shall determine whether a victim, guardian of a |
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victim, or close relative of a deceased victim has consented to |
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contact or requested no contact from the inmate or the inmate's |
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representatives before contacting the victim, guardian of the |
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victim, or close relative of the deceased victim; and |
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(2) may not contact a victim, guardian of a victim, or |
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close relative of a deceased victim if no contact from the inmate or |
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the inmate's representatives was requested. |
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(d) If the department is notified or otherwise becomes aware |
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that an inmate or an inmate's representative contacted a victim, |
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guardian of a victim, or close relative of a deceased victim in |
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violation of this section, the department shall: |
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(1) document the violation in the inmate's file; and |
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(2) forward documentation of the violation, including |
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documentation of whether the inmate was aware of the violation, to |
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the appropriate parole panel when the inmate is being considered |
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for release on parole or to mandatory supervision. |
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(e) A victim, guardian of a victim, or close relative of a |
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deceased victim who consents to contact or requests no contact from |
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the inmate or the inmate's representatives may change that election |
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by contacting the victim services division of the department. |
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(f) The department shall post on the department's Internet |
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website as part of the Offender Information Details section of the |
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website, or on another similar section of the website that displays |
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information about inmates imprisoned in facilities operated by or |
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under contract with the department, whether a victim, guardian of a |
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victim, or close relative of a deceased victim consented to contact |
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or requested no contact from the inmate or the inmate's |
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representatives. |
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SECTION 3. Section 498.0042, Government Code, is amended by |
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adding Subsection (a-1) and amending Subsections (a) and (b) to |
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read as follows: |
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(a) The department shall adopt policies that prohibit an |
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inmate in the institutional division or in a transfer facility from |
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contacting by letter, telephone, or any other means, either |
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directly or indirectly, a victim of the offense for which the inmate |
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is serving a sentence or a member of the victim's family, if: |
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(1) the victim was younger than 17 years of age at the |
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time of the commission of the offense; and |
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(2) the department has not, before the inmate makes |
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contact: |
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(A) received written and dated consent to the |
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contact from: |
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(i) a parent of the victim or the member of |
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the victim's family, other than the inmate; |
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(ii) a legal guardian of the victim or the |
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member of the victim's family; or |
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(iii) the victim or the member of the |
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victim's family, if the victim is 17 years of age or older at the |
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time of giving the consent; and |
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(B) provided the inmate with a copy of the |
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consent. |
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(a-1) The department shall adopt policies that prohibit an |
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inmate in the institutional division or in a transfer facility from |
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contacting by letter, telephone, or any other means, either |
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directly or indirectly, a victim of the offense for which the inmate |
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is serving a sentence or a member of the victim's family, if: |
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(1) the victim was 17 years of age or older at the time |
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of the commission of the offense; |
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(2) the inmate is confined after being convicted of an |
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offense listed in Article 17.032(a) or 62.001(5), Code of Criminal |
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Procedure, or after being convicted of an offense for which the |
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judgment contains an affirmative finding under Article 42A.054(c) |
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or (d), Code of Criminal Procedure; and |
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(3) the department has not, before the inmate makes |
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contact: |
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(A) received written and dated consent to the |
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contact from the victim; and |
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(B) provided the inmate with a copy of the |
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consent. |
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(b) If, during the actual term of imprisonment of an inmate |
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in the institutional division or a transfer facility, the inmate |
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violates a policy adopted under Subsection (a) or (a-1) or an order |
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entered under Article 42.24, Code of Criminal Procedure, the |
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department shall forfeit all or any part of the inmate's accrued |
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good conduct time. The department may not restore good conduct |
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time forfeited under this subsection. |
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SECTION 4. Section 508.1531, Government Code, is amended to |
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read as follows: |
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Sec. 508.1531. CONTACT WITH VICTIM. A parole panel |
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considering the release of an inmate on parole or to mandatory |
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supervision may consider whether the inmate: |
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(1) violated a policy adopted by the department under |
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Section 498.0042(a) or (a-1) or a court order entered under Article |
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42.24, Code of Criminal Procedure; or |
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(2) engaged in, or directed another person to engage |
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in, conduct that violates Section 500.009. |
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SECTION 5. Sections 38.111(a) and (b), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person, while |
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confined in a correctional facility after being charged with or |
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convicted of an offense listed in Article 17.032(a) or 62.001(5), |
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Code of Criminal Procedure, or after being convicted of an offense |
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for which the judgment contains an affirmative finding under |
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Article 42A.054(c) or (d), Code of Criminal Procedure, contacts by |
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letter, telephone, or any other means, either directly or through a |
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third party, a victim of the offense or a member of the victim's |
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family, if [:
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[(1)
the victim was younger than 17 years of age at the
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time of the commission of the offense for which the person is
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confined; and
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[(2)] the director of the correctional facility has |
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not, before the person makes contact with the victim: |
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(1) [(A)] received written and dated consent to the |
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contact from: |
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(A) the victim, if the victim was 17 years of age |
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or older at the time of the commission of the offense for which the |
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person is confined; or |
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(B) if the victim was younger than 17 years of age |
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at the time of the commission of the offense for which the person is |
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confined: |
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(i) a parent of the victim; |
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(ii) a legal guardian of the victim; |
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(iii) the victim, if the victim is 17 years |
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of age or older at the time of giving the consent; or |
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(iv) a member of the victim's family who is |
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17 years of age or older; and |
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(2) [(B)] provided the person with a copy of the |
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consent. |
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(b) The person confined in a correctional facility may not |
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give the written consent required under Subsection (a)(1) |
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[(a)(2)(A)]. |
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SECTION 6. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 7. This Act takes effect September 1, 2017. |