82R966 KCR-D
By: Phillips, Carter H.B. No. 1028
A BILL TO BE ENTITLED
AN ACT
relating to certain contact between a criminal defendant and the
victim of the offense of which the defendant is convicted or a
member of the victim's family.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.24 to read as follows:
Art. 42.24. PROHIBITING CONTACT WITH VICTIM. If a
defendant's sentence includes a term of confinement or
imprisonment, the convicting court may, as part of the sentence,
prohibit the defendant from contacting, during the term of the
defendant's confinement or imprisonment, the victim of the offense
of which the defendant is convicted or a member of the victim's
family.
SECTION 2. Section 5, Article 42.032, Code of Criminal
Procedure, is amended to read as follows:
Sec. 5. Any part or all of the commutation accrued under
this article may be forfeited and taken away by the sheriff:
(1) for a sustained charge of misconduct in violation
of any rule known to the defendant, including escape or attempt to
escape, if the sheriff has complied with discipline proceedings as
approved by the Commission on Jail Standards; [or]
(2) on receipt by the sheriff of a certified copy of a
final order of a state or federal court that dismisses as frivolous
or malicious a lawsuit brought by a defendant while the defendant
was in the custody of the sheriff; or
(3) if the defendant, in violation of an order entered
under Article 42.24, contacts the victim of the offense for which
the defendant is serving a sentence or a member of the victim's
family.
SECTION 3. Section 498.0042(b), Government Code, is amended
to read as follows:
(b) If, during the actual term of imprisonment of an inmate
in the institutional division or a transfer facility, the inmate
violates a policy adopted under Subsection (a) or an order entered
under Article 42.24, Code of Criminal Procedure, the department
shall forfeit all or any part of the inmate's accrued good conduct
time. The department may not restore good conduct time forfeited
under this subsection.
SECTION 4. Subchapter E, Chapter 508, Government Code, is
amended by adding Section 508.1531 to read as follows:
Sec. 508.1531. CONTACT WITH VICTIM. A parole panel
considering the release of an inmate on parole or to mandatory
supervision may consider whether the inmate violated a policy
adopted by the department under Section 498.0042(a) or a court
order entered under Article 42.24, Code of Criminal Procedure.
SECTION 5. This Act takes effect September 1, 2011.