Texas 2015 - 84th Regular

Texas House Bill HB362 Compare Versions

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Version 2 (New)

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1	1	84R2728 MAW-D
2	2	By: White of Tyler H.B. No. 362
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to notification provided to certain victims of criminal
8	8	offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 2, Code of Criminal Procedure, is
11	11	amended by adding Article 2.023 to read as follows:
12	12	Art. 2.023. NOTIFICATION TO TEXAS DEPARTMENT OF CRIMINAL
13	13	JUSTICE. (a) This article applies only to a defendant who, in
14	14	connection with a previous conviction for an offense listed in
15	15	Section 3g(a)(1), Article 42.12, or for which the judgment contains
16	16	an affirmative finding under Section 3g(a)(2), Article 42.12:
17	17	(1) received a sentence that included imprisonment at
18	18	a facility operated by or under contract with the Texas Department
19	19	of Criminal Justice; and
20	20	(2) was subsequently released from the imprisonment,
21	21	including a release on parole or to mandatory supervision and a
22	22	release following discharge of the defendant's sentence.
23	23	(b) Not later than the 10th day after the date that a
24	24	defendant described by Subsection (a) is indicted for an offense
25	25	listed in Section 3g(a)(1), Article 42.12, or for which the
26	26	judgment contains an affirmative finding under Section 3g(a)(2),
27	27	Article 42.12, the attorney representing the state shall notify an
28	28	officer designated by the Texas Department of Criminal Justice of
29	29	the offense charged in the indictment.
30	30	SECTION 2. Chapter 493, Government Code, is amended by
31	31	adding Section 493.0251 to read as follows:
32	32	Sec. 493.0251. VICTIM NOTIFICATION OF SUBSEQUENT FELONY.
33	33	(a) In this section, "victim," "guardian of a victim," and "close
34	34	relative of a deceased victim" have the meanings assigned by
35	35	Section 508.117.
36	36	(b) If the department receives a notification under Article
37	37	2.023, Code of Criminal Procedure, regarding the indictment of a
38	38	defendant described by that article, the department shall, to the
39	39	extent requested under Subsection (c), make a reasonable effort to
40	40	provide notice of the offense charged in the indictment to each
41	41	victim, guardian of a victim, or close relative of a deceased victim
42	42	of an offense described by Article 2.023(a), Code of Criminal
43	43	Procedure, for which the defendant was previously imprisoned at a
44	44	facility operated by or under contract with the department and
45	45	subsequently released.
46	46	(c) The department shall adopt a procedure by which a
47	47	victim, guardian of a victim, or close relative of a deceased victim
48	48	may:
49	49	(1) request to receive notice under this section; and
50	50	(2) inform the department of the person's address for
51	51	purposes of providing the notice.
52	52	(d) Except as necessary to comply with this section, the
53	53	board or the department may not disclose to any person the name or
54	54	address of a person entitled to notice under this section unless:
55	55	(1) the person approves the disclosure; or
56	56	(2) a court determines that there is good cause for the
57	57	disclosure and orders the board or the department to disclose the
58	58	information.
59	59	SECTION 3. Not later than November 1, 2015, the Texas
60	60	Department of Criminal Justice shall adopt rules necessary to
61	61	implement Section 493.0251, Government Code, as added by this Act.
62	62	SECTION 4. Article 2.023, Code of Criminal Procedure, as
63	63	added by this Act, applies only to a criminal case in which the
64	64	indictment is presented to the court on or after December 1, 2015.
65	65	A criminal case in which the indictment is presented to the court
66	66	before December 1, 2015, is governed by the law in effect on the
67	67	date the indictment is presented, and the former law is continued in
68	68	effect for that purpose.
69	69	SECTION 5. This Act takes effect September 1, 2015.