Texas 2017 - 85th Regular

Texas House Bill HB3819

Caption

Relating to the prosecution of the offense of improper contact with a victim and to providing certain rights to a victim of a criminal offense and the victim's family regarding contact by an inmate or an inmate's representative.

Impact

The bill significantly impacts state laws related to the rights of crime victims. By enacting stricter regulations around inmate contact with victims, it amends several sections of the Government and Penal Codes, reinforcing that unwanted communication can lead to legal repercussions for inmates. It establishes protocols for handling consent, aiming to create a safer environment for victims, particularly those who may be vulnerable or traumatized. This shift could lead to fewer violations of victim rights during the parole process and strengthen the accountability mechanisms for inmates regarding their conduct.

Summary

House Bill 3819 focuses on the prosecution of improper contact with victims of crimes and aims to establish specific rights for these victims and their families regarding contact with inmates or their representatives. The bill seeks to amend existing laws to ensure that prior to any contact, an inmate or their representative must obtain written consent from the victim or a family member, particularly emphasizing cases where the victim was a minor at the time of the offense. This legislative measure aims to enhance the protective measures available to victims and their families from potential intimidation or harassment by inmates.

Sentiment

The overall sentiment surrounding HB 3819 appears to be supportive among advocates for victim rights, as it addresses a critical concern in the criminal justice system—the need for protecting victims from potential contact with offenders. Supporters view the bill as a necessary step towards ensuring victims' voices are heard in the criminal justice process. However, there may be contention among those who argue that it could limit inmates' rights to communicate or maintain relationships, especially if mismanaged consent processes could restrict correspondence unduly.

Contention

Despite its supportive intention, some critics express concerns regarding the practicality and implications of enforcing such contact restrictions, particularly surrounding consent definitions and the documentation process. There is a cautionary perspective suggesting that while the bill is beneficial for victim protection, it could lead to issues of inconsistency in how consent is obtained and recorded. Furthermore, discussions may arise on how the legislation balances the rights of victims with the rehabilitation and reintegration process of inmates, particularly in cases where family ties may be affected.

Companion Bills

TX SB1243

Relating to the creation of the offense of improper contact with an adult victim of a criminal offense and providing certain rights to a victim and the victim's family regarding contact by an inmate or an inmate's representative.

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