Texas 2017 - 85th Regular

Texas House Bill HB104 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: White (Senate Sponsor - Nichols) H.B. No. 104
2		-	(In the Senate - Received from the House May 1, 2017;
3		-	May 8, 2017, read first time and referred to Committee on Criminal
4		-	Justice; May 19, 2017, reported favorably by the following vote:
5		-	Yeas 7, Nays 0; May 19, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 104
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to notification provided to certain victims of criminal
12	6		offenses.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Chapter 2, Code of Criminal Procedure, is
15	9		amended by adding Article 2.023 to read as follows:
16	10		Art. 2.023. NOTIFICATION TO TEXAS DEPARTMENT OF CRIMINAL
17	11		JUSTICE. (a) This article applies only to a defendant who, in
18	12		connection with a previous conviction for an offense listed in
19	13		Article 42A.054(a) or for which the judgment contains an
20	14		affirmative finding under Article 42A.054(c) or (d):
21	15		(1) received a sentence that included imprisonment at
22	16		a facility operated by or under contract with the Texas Department
23	17		of Criminal Justice; and
24	18		(2) was subsequently released from the imprisonment,
25	19		including a release on parole, to mandatory supervision, or
26	20		following discharge of the defendant's sentence.
27	21		(b) Not later than the 10th day after the date that a
28	22		defendant described by Subsection (a) is indicted for an offense
29	23		listed in Article 42A.054(a) or for which the judgment contains an
30	24		affirmative finding under Article 42A.054(c) or (d), the attorney
31	25		representing the state shall notify an officer designated by the
32	26		Texas Department of Criminal Justice of the offense charged in the
33	27		indictment.
34	28		SECTION 2. Chapter 493, Government Code, is amended by
35	29		adding Section 493.0251 to read as follows:
36	30		Sec. 493.0251. VICTIM NOTIFICATION OF SUBSEQUENT FELONY.
37	31		(a) In this section, "victim," "guardian of a victim," and "close
38	32		relative of a deceased victim" have the meanings assigned by
39	33		Section 508.117.
40	34		(b) If the department receives a notification under Article
41	35		2.023, Code of Criminal Procedure, regarding the indictment of a
42	36		defendant described by that article, the department shall, to the
43	37		extent requested under Subsection (c), make a reasonable effort to
44	38		provide notice of the offense charged in the indictment to each
45	39		victim, guardian of a victim, or close relative of a deceased victim
46	40		of an offense described by Article 2.023(a), Code of Criminal
47	41		Procedure, for which the defendant was previously imprisoned at a
48	42		facility operated by or under contract with the department and
49	43		subsequently released.
50	44		(c) The department shall adopt a procedure by which a
51	45		victim, guardian of a victim, or close relative of a deceased victim
52	46		may:
53	47		(1) request to receive notice under this section; and
54	48		(2) inform the department of the person's address for
55	49		purposes of providing the notice.
56	50		(d) Except as necessary to comply with this section, the
57	51		board or the department may not disclose to any person the name or
58	52		address of a person entitled to notice under this section unless:
59	53		(1) the person approves the disclosure; or
60	54		(2) a court determines that there is good cause for the
61	55		disclosure and orders the board or the department to disclose the
62	56		information.
63	57		SECTION 3. Not later than November 1, 2017, the Texas
64	58		Department of Criminal Justice shall adopt rules necessary to
65	59		implement Section 493.0251, Government Code, as added by this Act.
66	60		SECTION 4. Article 2.023, Code of Criminal Procedure, as
67	61		added by this Act, applies only to a criminal case in which the
68	62		indictment is presented to the court on or after December 1, 2017.
69	63		A criminal case in which the indictment is presented to the court
70	64		before December 1, 2017, is governed by the law in effect on the
71	65		date the indictment is presented, and the former law is continued in
72	66		effect for that purpose.
73	67		SECTION 5. This Act takes effect September 1, 2017.
74		-	* * * * *
	68	+	______________________________ ______________________________
	69	+	President of the Senate Speaker of the House
	70	+	I certify that H.B. No. 104 was passed by the House on April
	71	+	28, 2017, by the following vote: Yeas 135, Nays 0, 2 present, not
	72	+	voting.
	73	+	______________________________
	74	+	Chief Clerk of the House
	75	+	I certify that H.B. No. 104 was passed by the Senate on May
	76	+	24, 2017, by the following vote: Yeas 31, Nays 0.
	77	+	______________________________
	78	+	Secretary of the Senate
	79	+	APPROVED: _____________________
	80	+	Date
	81	+	_____________________
	82	+	Governor