Texas 2009 - 81st Regular

Texas House Bill HB1003 Compare Versions

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Old	New	Differences
1	1	H.B. No. 1003
2	2
3	3
4	4	AN ACT
5	5	relating to notice provided to certain victims or witnesses
6	6	regarding certain inmates or defendants who are electronically
7	7	monitored.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 56.11, Code of Criminal Procedure, is
10	10	amended by adding Subsection (a-1) and amending Subsections (d),
11	11	(e), and (f) to read as follows:
12	12	(a-1) The Texas Department of Criminal Justice, in the case
13	13	of an inmate released on parole or to mandatory supervision
14	14	following a term of imprisonment for an offense described by
15	15	Subsection (c), or a community supervision and corrections
16	16	department supervising a defendant, in the case of a defendant
17	17	convicted of an offense described by Subsection (c) and
18	18	subsequently released on community supervision, shall notify a
19	19	victim or witness described by Subsection (a) whenever the inmate
20	20	or defendant, if subject to electronic monitoring as a condition of
21	21	release, ceases to be electronically monitored.
22	22	(d) It is the responsibility of a victim or witness desiring
23	23	notification of the defendant's release to provide the Texas
24	24	Department of Criminal Justice, [or] the sheriff, or the community
25	25	supervision and corrections department supervising the defendant,
26	26	as appropriate, with the e-mail address, mailing address, and
27	27	telephone number of the victim, witness, or other person through
28	28	whom the victim or witness may be contacted and to notify the
29	29	appropriate department or the sheriff of any change of address or
30	30	telephone number of the victim, witness, or other
31	31	person. Information obtained and maintained by the Texas
32	32	Department of Criminal Justice, [or] a sheriff, or a community
33	33	supervision and corrections department under this subsection is
34	34	privileged and confidential.
35	35	(e) The Texas Department of Criminal Justice, [or] the
36	36	sheriff, or the community supervision and corrections department
37	37	supervising the defendant, as appropriate:
38	38	(1) shall make a reasonable attempt to give any notice
39	39	required by Subsection (a) or (a-1):
40	40	(A) not later than the 30th day before the date
41	41	the defendant completes the sentence and is released or ceases to be
42	42	electronically monitored as a condition of release; or
43	43	(B) immediately if the defendant escapes from the
44	44	correctional facility; and
45	45	(2) may give any notice required by Subsection (a) or
46	46	(a-1) by e-mail, if possible.
47	47	(f) An attempt by the Texas Department of Criminal Justice,
48	48	[or] the sheriff, or the community supervision and corrections
49	49	department supervising the defendant to give notice to a victim or
50	50	witness at the victim's or witness's last known mailing address or,
51	51	if notice via e-mail is possible, last known e-mail address, as
52	52	shown on the records of the appropriate department or agency,
53	53	constitutes a reasonable attempt to give notice under this article.
54	54	SECTION 2. The change in law made by this Act applies only
55	55	to the notice regarding an inmate or defendant who is ordered, on or
56	56	after the effective date of this Act, to submit to electronic
57	57	monitoring as a condition of release. A notice regarding an inmate
58	58	or defendant who was ordered before the effective date of this Act
59	59	to submit to electronic monitoring as a condition of release is
60	60	governed by the law in effect at the time the defendant was ordered
61	61	to submit to electronic monitoring, and the previous law is
62	62	continued in effect for that purpose.
63	63	SECTION 3. This Act takes effect September 1, 2009.
64	64	______________________________ ______________________________
65	65	President of the Senate Speaker of the House
66	66	I certify that H.B. No. 1003 was passed by the House on May 1,
67	67	2009, by the following vote: Yeas 140, Nays 0, 1 present, not
68	68	voting.
69	69	______________________________
70	70	Chief Clerk of the House
71	71	I certify that H.B. No. 1003 was passed by the Senate on May
72	72	26, 2009, by the following vote: Yeas 31, Nays 0.
73	73	______________________________
74	74	Secretary of the Senate
75	75	APPROVED: _____________________
76	76	Date
77	77	_____________________
78	78	Governor