| 1 | 1 | | By: Workman, et al. (Senate Sponsor - Huffman) H.B. No. 2124 |
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| 2 | 2 | | (In the Senate - Received from the House April 7, 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 21, 2011, reported favorably by the |
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| 5 | 5 | | following vote: Yeas 6, Nays 0; May 21, 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 victim notification regarding the release of a |
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| 11 | 11 | | defendant who was acquitted by reason of insanity in a criminal |
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| 12 | 12 | | case. |
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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. Section 4(d)(8), Article 46.03, Code of Criminal |
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| 15 | 15 | | Procedure, is transferred to Subchapter A, Chapter 46C, Code of |
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| 16 | 16 | | Criminal Procedure, redesignated as Article 46C.003, Code of |
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| 17 | 17 | | Criminal Procedure, and amended to read as follows: |
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| 18 | 18 | | Art. 46C.003. VICTIM NOTIFICATION OF RELEASE [(8) Victim |
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| 19 | 19 | | Notification of Release]. If the court issues an order [under |
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| 20 | 20 | | Subdivision (4) or (5)] that requires the release of an acquitted |
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| 21 | 21 | | person on discharge or on a regimen of outpatient care, the clerk of |
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| 22 | 22 | | the court issuing the order, using the information provided on any |
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| 23 | 23 | | victim impact statement received by the court under Article 56.03 |
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| 24 | 24 | | or other information made available to the court, shall [provide |
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| 25 | 25 | | name, address, and phone number information to the Texas Department |
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| 26 | 26 | | of Criminal Justice victim services division to enable the division |
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| 27 | 27 | | to] notify the victim or the victim's guardian or close relative of |
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| 28 | 28 | | the release. [The victim services division shall notify any victim |
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| 29 | 29 | | or guardian or close relative named in the victim impact statement |
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| 30 | 30 | | or other information.] Notwithstanding Article 56.03(f), the |
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| 31 | 31 | | clerk of the court may inspect a victim impact statement for the |
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| 32 | 32 | | purpose of notification under this article [subdivision]. |
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| 33 | 33 | | SECTION 2. This Act takes effect immediately if it receives |
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| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 37 | | Act takes effect September 1, 2011. |
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| 38 | 38 | | * * * * * |
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