81R4093 GCB-D
By: Bolton, Herrero, Moody H.B. No. 1003
A BILL TO BE ENTITLED
AN ACT
relating to notice provided to certain victims or witnesses
regarding certain inmates or defendants who are electronically
monitored.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 56.11, Code of Criminal Procedure, is
amended by adding Subsection (a-1) and amending Subsections (d),
(e), and (f) to read as follows:
(a-1) The Texas Department of Criminal Justice, in the case
of an inmate released on parole or to mandatory supervision
following a term of imprisonment for an offense described by
Subsection (c), or a community supervision and corrections
department supervising a defendant, in the case of a defendant
convicted of an offense described by Subsection (c) and
subsequently released on community supervision, shall notify a
victim or witness described by Subsection (a) whenever the inmate
or defendant, if subject to electronic monitoring as a condition of
release, ceases to be electronically monitored.
(d) It is the responsibility of a victim or witness desiring
notification of the defendant's release to provide the Texas
Department of Criminal Justice, [or] the sheriff, or the community
supervision and corrections department supervising the defendant,
as appropriate, with the e-mail address, mailing address, and
telephone number of the victim, witness, or other person through
whom the victim or witness may be contacted and to notify the
appropriate department or the sheriff of any change of address or
telephone number of the victim, witness, or other
person. Information obtained and maintained by the Texas
Department of Criminal Justice, [or] a sheriff, or a community
supervision and corrections department under this subsection is
privileged and confidential.
(e) The Texas Department of Criminal Justice, [or] the
sheriff, or the community supervision and corrections department
supervising the defendant, as appropriate:
(1) shall make a reasonable attempt to give any notice
required by Subsection (a) or (a-1):
(A) not later than the 30th day before the date
the defendant completes the sentence and is released or ceases to be
electronically monitored as a condition of release; or
(B) immediately if the defendant escapes from the
correctional facility; and
(2) may give any notice required by Subsection (a) or
(a-1) by e-mail, if possible.
(f) An attempt by the Texas Department of Criminal Justice,
[or] the sheriff, or the community supervision and corrections
department supervising the defendant to give notice to a victim or
witness at the victim's or witness's last known mailing address or,
if notice via e-mail is possible, last known e-mail address, as
shown on the records of the appropriate department or agency,
constitutes a reasonable attempt to give notice under this article.
SECTION 2. The change in law made by this Act applies only
to the notice regarding an inmate or defendant who is ordered, on or
after the effective date of this Act, to submit to electronic
monitoring as a condition of release. A notice regarding an inmate
or defendant who was ordered before the effective date of this Act
to submit to electronic monitoring as a condition of release is
governed by the law in effect at the time the defendant was ordered
to submit to electronic monitoring, and the previous law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.