Bill Text: TX HB104 | 2017-2018 | 85th Legislature | Enrolled

Texas House Bill 104 (Prior Session Legislation)

Bill Title: Relating to notification provided to certain victims of criminal offenses.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2017-06-14 - Effective on 9/1/17 [HB104 Detail]

Download: Texas-2017-HB104-Enrolled.html



	H.B. No. 104




	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.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 104 was passed by the House on April
	28, 2017, by the following vote: Yeas 135, Nays 0, 2 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 104 was passed by the Senate on May
	24, 2017, by the following vote: Yeas 31, Nays 0.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor