Texas 2017 - 85th Regular

Texas House Bill HB3819 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~85R19207~~ JRR-D
	1	+	85R507 JRR-D
2	2		By: Howard H.B. No. 3819
3		-	Substitute the following for H.B. No. 3819:
4		-	By: Moody C.S.H.B. No. 3819
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to the ~~prosecution~~ of the offense of improper contact with
10		-	a ~~victim~~ and to providing certain rights to a ~~victim of a criminal~~
11		-	~~offense~~ and the victim's family regarding contact by an inmate or an
	7	+	relating to the creation of the offense of improper contact with an
	8	+	adult victim of a criminal offense and providing certain rights to a
	9	+	victim and the victim's family regarding contact by an inmate or an
12	10		inmate's representative.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. Article 56.02, Code of Criminal Procedure, is
15	13		amended by adding Subsection (b-1) to read as follows:
16	14		(b-1) If a defendant is sentenced to a term of imprisonment
17	15		in a facility operated by or under contract with the Texas
18	16		Department of Criminal Justice, a victim, guardian of a victim, or
19	17		close relative of a deceased victim is entitled under Section
20	18		500.009, Government Code, to consent to contact or to request no
21	19		contact from the defendant or the defendant's representatives,
22	20		including family members, friends, attorneys, and other third
23	21		parties working on behalf of the defendant.
24	22		SECTION 2. Chapter 500, Government Code, is amended by
25	23		adding Section 500.009 to read as follows:
26	24		Sec. 500.009. CONTACT BY INMATE OR INMATE'S REPRESENTATIVE
27	25		WITH VICTIM OR CERTAIN OTHER PERSONS. (a) In this section:
28	26		(1) "Close relative of a deceased victim," "guardian
29	27		of a victim," and "victim" have the meanings assigned by Article
30	28		56.01, Code of Criminal Procedure.
31	29		(2) "Inmate" means the defendant in the victim's case
32	30		who is sentenced to a term of imprisonment in a facility operated by
33	31		or under contract with the department.
34	32		(3) "Inmate's representative" means any third party
35	33		working on behalf of an inmate, including a family member of, friend
36	34		of, or attorney for the inmate.
37	35		(b) A victim, guardian of a victim, or close relative of a
38	36		deceased victim has the right to consent to contact or to request no
39	37		contact from an inmate or an inmate's representatives.
40	38		(c) An inmate or an inmate's representative:
41	39		(1) shall determine whether a victim, guardian of a
42	40		victim, or close relative of a deceased victim has consented to
43	41		contact or requested no contact from the inmate or the inmate's
44	42		representatives before contacting the victim, guardian of the
45	43		victim, or close relative of the deceased victim; and
46	44		(2) may not contact a victim, guardian of a victim, or
47	45		close relative of a deceased victim if no contact from the inmate or
48	46		the inmate's representatives was requested.
49	47		(d) If the department is notified or otherwise becomes aware
50	48		that an inmate or an inmate's representative contacted a victim,
51	49		guardian of a victim, or close relative of a deceased victim in
52	50		violation of this section, the department shall:
53	51		(1) document the violation in the inmate's file; and
54	52		(2) forward documentation of the violation, including
55	53		documentation of whether the inmate was aware of the violation, to
56	54		the appropriate parole panel when the inmate is being considered
57	55		for release on parole or to mandatory supervision.
58	56		(e) A victim, guardian of a victim, or close relative of a
59	57		deceased victim who consents to contact or requests no contact from
60	58		the inmate or the inmate's representatives may change that election
61	59		by contacting the victim services division of the department.
62	60		(f) The department shall post on the department's Internet
63	61		website as part of the Offender Information Details section of the
64	62		website, or on another similar section of the website that displays
65	63		information about inmates imprisoned in facilities operated by or
66	64		under contract with the department, whether a victim, guardian of a
67	65		victim, or close relative of a deceased victim consented to contact
68	66		or requested no contact from the inmate or the inmate's
69	67		representatives.
70	68		SECTION 3. Section 498.0042, Government Code, is amended by
71		-	amending Subsections (a) and (b) ~~and adding Subsection (a-1)~~ to
	69	+	adding Subsection (a-1) and amending Subsections (a) and (b) to
72	70		read as follows:
73	71		(a) The department shall adopt policies that prohibit an
74	72		inmate in the institutional division or in a transfer facility from
75	73		contacting by letter, telephone, or any other means, either
76	74		directly or indirectly, a victim of the offense for which the inmate
77	75		is serving a sentence or a member of the victim's family, if:
78	76		(1) the victim was younger than 17 years of age at the
79	77		time of the commission of the offense; and
80	78		(2) the department has not, before the inmate makes
81	79		contact:
82	80		(A) received written and dated consent to the
83	81		contact from:
84	82		(i) a parent of the victim or the member of
85	83		the victim's family, other than the inmate;
86	84		(ii) a legal guardian of the victim or the
87	85		member of the victim's family; or
88	86		(iii) the victim or the member of the
89	87		victim's family, if the victim is 17 years of age or older at the
90	88		time of giving the consent; and
91	89		(B) provided the inmate with a copy of the
92	90		consent.
93	91		(a-1) The department shall adopt policies that prohibit an
94	92		inmate in the institutional division or in a transfer facility from
95	93		contacting by letter, telephone, or any other means, either
96	94		directly or indirectly, a victim of the offense for which the inmate
97	95		is serving a sentence or a member of the victim's family, if:
98	96		(1) the victim was 17 years of age or older at the time
99	97		of the commission of the offense;
100	98		(2) the inmate is confined after being convicted of an
101	99		offense listed in Article 17.032(a) or 62.001(5), Code of Criminal
102	100		Procedure, or after being convicted of an offense for which the
103	101		judgment contains an affirmative finding under Article 42A.054(c)
104	102		or (d), Code of Criminal Procedure; and
105	103		(3) the department has not, before the inmate makes
106	104		contact:
107	105		(A) received written and dated consent to the
108	106		contact from the victim; and
109	107		(B) provided the inmate with a copy of the
110	108		consent.
111	109		(b) If, during the actual term of imprisonment of an inmate
112	110		in the institutional division or a transfer facility, the inmate
113	111		violates a policy adopted under Subsection (a) or (a-1) or an order
114	112		entered under Article 42.24, Code of Criminal Procedure, the
115	113		department shall forfeit all or any part of the inmate's accrued
116	114		good conduct time. The department may not restore good conduct
117	115		time forfeited under this subsection.
118	116		SECTION 4. Section 508.1531, Government Code, is amended to
119	117		read as follows:
120	118		Sec. 508.1531. CONTACT WITH VICTIM. A parole panel
121	119		considering the release of an inmate on parole or to mandatory
122	120		supervision may consider whether the inmate:
123	121		(1) violated a policy adopted by the department under
124	122		Section 498.0042(a) or (a-1) or a court order entered under Article
125	123		42.24, Code of Criminal Procedure; or
126	124		(2) engaged in, or directed another person to engage
127	125		in, conduct that violates Section 500.009.
128	126		SECTION 5. Sections 38.111(a) and (b), Penal Code, are
129	127		amended to read as follows:
130	128		(a) A person commits an offense if the person, while
131	129		confined in a correctional facility after being charged with or
132	130		convicted of an offense listed in Article 17.032(a) or 62.001(5),
133	131		Code of Criminal Procedure, or after being convicted of an offense
134	132		for which the judgment contains an affirmative finding under
135	133		Article 42A.054(c) or (d), Code of Criminal Procedure, contacts by
136	134		letter, telephone, or any other means, either directly or through a
137	135		third party, a victim of the offense or a member of the victim's
138	136		family, if [:
139	137		[(1) the victim was younger than 17 years of age at the
140	138		time of the commission of the offense for which the person is
141	139		confined; and
142	140		[(2)] the director of the correctional facility has
143	141		not, before the person makes contact with the victim:
144	142		(1) [(A)] received written and dated consent to the
145	143		contact from:
146	144		(A) the victim, if the victim was 17 years of age
147	145		or older at the time of the commission of the offense for which the
148	146		person is confined; or
149	147		(B) if the victim was younger than 17 years of age
150	148		at the time of the commission of the offense for which the person is
151	149		confined:
152	150		(i) a parent of the victim;
153	151		(ii) a legal guardian of the victim;
154	152		(iii) the victim, if the victim is 17 years
155	153		of age or older at the time of giving the consent; or
156	154		(iv) a member of the victim's family who is
157	155		17 years of age or older; and
158	156		(2) [(B)] provided the person with a copy of the
159	157		consent.
160	158		(b) The person confined in a correctional facility may not
161	159		give the written consent required under Subsection (a)(1)
162	160		[(a)(2)(A)].
163	161		SECTION 6. The change in law made by this Act applies only
164	162		to an offense committed on or after the effective date of this Act.
165	163		An offense committed before the effective date of this Act is
166	164		governed by the law in effect on the date the offense was committed,
167	165		and the former law is continued in effect for that purpose. For
168	166		purposes of this section, an offense was committed before the
169	167		effective date of this Act if any element of the offense occurred
170	168		before that date.
171	169		SECTION 7. This Act takes effect September 1, 2017.