By: Workman, et al. (Senate Sponsor - Huffman) H.B. No. 2124
(In the Senate - Received from the House April 7, 2011;
April 20, 2011, read first time and referred to Committee on
Criminal Justice; May 21, 2011, reported favorably by the
following vote: Yeas 6, Nays 0; May 21, 2011, sent to printer.)
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 Texas Department
of Criminal Justice victim services division to enable the division
to] notify the victim or the victim's guardian or close relative of
the release. [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.
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