| 1 | 1 | | By: Phillips, Carter (Senate Sponsor - Estes) H.B. No. 1028 |
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| 2 | 2 | | (In the Senate - Received from the House April 11, 2011; |
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| 3 | 3 | | April 20, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Criminal Justice; May 12, 2011, reported favorably by the |
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| 5 | 5 | | following vote: Yeas 7, Nays 0; May 12, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to certain contact between a criminal defendant and the |
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| 11 | 11 | | victim of the offense of which the defendant is convicted or a |
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| 12 | 12 | | member of the victim's family. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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| 15 | 15 | | amended by adding Article 42.24 to read as follows: |
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| 16 | 16 | | Art. 42.24. PROHIBITING CONTACT WITH VICTIM. If a |
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| 17 | 17 | | defendant's sentence includes a term of confinement or |
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| 18 | 18 | | imprisonment, the convicting court may, as part of the sentence, |
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| 19 | 19 | | prohibit the defendant from contacting, during the term of the |
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| 20 | 20 | | defendant's confinement or imprisonment, the victim of the offense |
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| 21 | 21 | | of which the defendant is convicted or a member of the victim's |
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| 22 | 22 | | family. |
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| 23 | 23 | | SECTION 2. Section 5, Article 42.032, Code of Criminal |
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| 24 | 24 | | Procedure, is amended to read as follows: |
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| 25 | 25 | | Sec. 5. Any part or all of the commutation accrued under |
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| 26 | 26 | | this article may be forfeited and taken away by the sheriff: |
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| 27 | 27 | | (1) for a sustained charge of misconduct in violation |
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| 28 | 28 | | of any rule known to the defendant, including escape or attempt to |
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| 29 | 29 | | escape, if the sheriff has complied with discipline proceedings as |
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| 30 | 30 | | approved by the Commission on Jail Standards; [or] |
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| 31 | 31 | | (2) on receipt by the sheriff of a certified copy of a |
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| 32 | 32 | | final order of a state or federal court that dismisses as frivolous |
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| 33 | 33 | | or malicious a lawsuit brought by a defendant while the defendant |
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| 34 | 34 | | was in the custody of the sheriff; or |
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| 35 | 35 | | (3) if the defendant, in violation of an order entered |
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| 36 | 36 | | under Article 42.24, contacts the victim of the offense for which |
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| 37 | 37 | | the defendant is serving a sentence or a member of the victim's |
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| 38 | 38 | | family. |
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| 39 | 39 | | SECTION 3. Section 498.0042(b), Government Code, is amended |
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| 40 | 40 | | to read as follows: |
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| 41 | 41 | | (b) If, during the actual term of imprisonment of an inmate |
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| 42 | 42 | | in the institutional division or a transfer facility, the inmate |
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| 43 | 43 | | violates a policy adopted under Subsection (a) or an order entered |
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| 44 | 44 | | under Article 42.24, Code of Criminal Procedure, the department |
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| 45 | 45 | | shall forfeit all or any part of the inmate's accrued good conduct |
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| 46 | 46 | | time. The department may not restore good conduct time forfeited |
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| 47 | 47 | | under this subsection. |
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| 48 | 48 | | SECTION 4. Subchapter E, Chapter 508, Government Code, is |
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| 49 | 49 | | amended by adding Section 508.1531 to read as follows: |
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| 50 | 50 | | Sec. 508.1531. CONTACT WITH VICTIM. A parole panel |
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| 51 | 51 | | considering the release of an inmate on parole or to mandatory |
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| 52 | 52 | | supervision may consider whether the inmate violated a policy |
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| 53 | 53 | | adopted by the department under Section 498.0042(a) or a court |
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| 54 | 54 | | order entered under Article 42.24, Code of Criminal Procedure. |
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| 55 | 55 | | SECTION 5. This Act takes effect September 1, 2011. |
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| 56 | 56 | | * * * * * |
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