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.
Impact
This bill strengthens existing legal frameworks governing interactions between victims and offenders, reflecting a broader commitment to protect victims' rights. It positions the law more firmly on the side of victims and their families by allowing for explicit prohibitions that can be enforced during an offender's sentence. Additionally, provisions for the potential forfeiture of good conduct credits, in cases where an inmate violates these prohibitions, underscore the seriousness of these restrictions. The inclusion of such measures indicates an intent to deter violations and reinforce the importance of compliance with the statute.
Summary
House Bill 1028 addresses the regulations surrounding contact between criminal defendants and victims of their offenses. Specifically, the bill introduces provisions that allow courts to prohibit defendants from contacting the victim or their family during the term of the defendant's confinement or imprisonment. This legislative change aims to enhance the safety and peace of mind for victims of crime by legally restricting defendants from interacting with them while they serve their sentences. Courts can include such prohibitions as part of the sentencing process, which is a significant step in victim advocacy within the criminal justice system.
Contention
Notably, discussions surrounding HB1028 may involve debates about the balance between the rights of defendants and the rights of victims. Opponents may argue that such contact restrictions could infringe on a defendant's rights and rehabilitation opportunities. Supporters, however, assert that the primary focus should be the safety and well-being of victims, particularly in cases of violent crime. The bill thus represents a nuanced interplay between enhancing protective measures for victims and maintaining due process for defendants.
Last_action
HB1028 is set to take effect on September 1, 2011, marking a pivotal moment in Texas' approach to handling victim-offender interactions and strengthening the legal protections for victims in the criminal justice process.
Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to adult victims of family violence.
Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.
Relating to creating the criminal offense of possession of an animal by a person convicted of multiple offenses involving animal cruelty and to conditions of punishment and community supervision for defendants convicted of certain criminal offenses involving animals.
Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited, to certain consequences on conviction of certain of those offenses, and to increasing the criminal penalty for the offense of unlawful possession of a firearm by a person convicted of a felony.
Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.
Relating to the rights of victims of sexual assault and to certain procedures and reimbursements occurring with respect to a sexual assault or other sex offense.
Relating to magistration proceedings for criminal defendants and the retention of related records, to services and representation provided to indigent criminal defendants and indigent juveniles, and to the governance and administration of the Texas Indigent Defense Commission.