Bill Text: TX HB362 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to notification provided to certain victims of criminal offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-13 - Placed on General State Calendar [HB362 Detail]
Download: Texas-2015-HB362-Introduced.html
84R2728 MAW-D | ||
By: White of Tyler | H.B. No. 362 |
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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 | ||
Section 3g(a)(1), Article 42.12, or for which the judgment contains | ||
an affirmative finding under Section 3g(a)(2), Article 42.12: | ||
(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 or to mandatory supervision and a | ||
release 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 Section 3g(a)(1), Article 42.12, or for which the | ||
judgment contains an affirmative finding under Section 3g(a)(2), | ||
Article 42.12, 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, 2015, 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, 2015. | ||
A criminal case in which the indictment is presented to the court | ||
before December 1, 2015, 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, 2015. |