82R6993 AJZ-D
By: Workman H.B. No. 2124
A BILL TO BE ENTITLED
AN ACT
relating to victim notification regarding the release of a
defendant who was acquitted by reason of insanity in a criminal
case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4(d)(8), Article 46.03, Code of Criminal
Procedure, is transferred to Subchapter A, Chapter 46C, Code of
Criminal Procedure, redesignated as Article 46C.003, Code of
Criminal Procedure, and amended to read as follows:
Art. 46C.003. VICTIM NOTIFICATION OF RELEASE [(8) Victim
Notification of Release]. If the court issues an order [under
Subdivision (4) or (5)] that requires the release of an acquitted
person on discharge or on a regimen of outpatient care, the clerk of
the court issuing the order, using the information provided on any
victim impact statement received by the court under Article 56.03
or other information made available to the court, shall provide
name, address, and phone number information to the head of the
facility to which the acquitted person was committed or placed or to
the person responsible for administering a regimen of outpatient or
community-based treatment and supervision, as applicable, [Texas
Department of Criminal Justice victim services division] to enable
the person [division] to notify the victim or the victim's guardian
or close relative of the release. On receipt of the information,
the person [The victim services division] shall notify any victim
or guardian or close relative named in the victim impact statement
or other information. Notwithstanding Article 56.03(f), the clerk
of the court may inspect a victim impact statement for the purpose
of notification under this article [subdivision].
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.