85R19207 JRR-D
By: Howard H.B. No. 3819
Substitute the following for H.B. No. 3819:
By: Moody C.S.H.B. No. 3819
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 56.02, Code of Criminal Procedure, is
amended by adding Subsection (b-1) to read as follows:
(b-1) If a defendant is sentenced to a term of imprisonment
in a facility operated by or under contract with the Texas
Department of Criminal Justice, a victim, guardian of a victim, or
close relative of a deceased victim is entitled under Section
500.009, Government Code, to consent to contact or to request no
contact from the defendant or the defendant's representatives,
including family members, friends, attorneys, and other third
parties working on behalf of the defendant.
SECTION 2. Chapter 500, Government Code, is amended by
adding Section 500.009 to read as follows:
Sec. 500.009. CONTACT BY INMATE OR INMATE'S REPRESENTATIVE
WITH VICTIM OR CERTAIN OTHER PERSONS. (a) In this section:
(1) "Close relative of a deceased victim," "guardian
of a victim," and "victim" have the meanings assigned by Article
56.01, Code of Criminal Procedure.
(2) "Inmate" means the defendant in the victim's case
who is sentenced to a term of imprisonment in a facility operated by
or under contract with the department.
(3) "Inmate's representative" means any third party
working on behalf of an inmate, including a family member of, friend
of, or attorney for the inmate.
(b) A victim, guardian of a victim, or close relative of a
deceased victim has the right to consent to contact or to request no
contact from an inmate or an inmate's representatives.
(c) An inmate or an inmate's representative:
(1) shall determine whether a victim, guardian of a
victim, or close relative of a deceased victim has consented to
contact or requested no contact from the inmate or the inmate's
representatives before contacting the victim, guardian of the
victim, or close relative of the deceased victim; and
(2) may not contact a victim, guardian of a victim, or
close relative of a deceased victim if no contact from the inmate or
the inmate's representatives was requested.
(d) If the department is notified or otherwise becomes aware
that an inmate or an inmate's representative contacted a victim,
guardian of a victim, or close relative of a deceased victim in
violation of this section, the department shall:
(1) document the violation in the inmate's file; and
(2) forward documentation of the violation, including
documentation of whether the inmate was aware of the violation, to
the appropriate parole panel when the inmate is being considered
for release on parole or to mandatory supervision.
(e) A victim, guardian of a victim, or close relative of a
deceased victim who consents to contact or requests no contact from
the inmate or the inmate's representatives may change that election
by contacting the victim services division of the department.
(f) The department shall post on the department's Internet
website as part of the Offender Information Details section of the
website, or on another similar section of the website that displays
information about inmates imprisoned in facilities operated by or
under contract with the department, whether a victim, guardian of a
victim, or close relative of a deceased victim consented to contact
or requested no contact from the inmate or the inmate's
representatives.
SECTION 3. Section 498.0042, Government Code, is amended by
amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(a) The department shall adopt policies that prohibit an
inmate in the institutional division or in a transfer facility from
contacting by letter, telephone, or any other means, either
directly or indirectly, a victim of the offense for which the inmate
is serving a sentence or a member of the victim's family, if:
(1) the victim was younger than 17 years of age at the
time of the commission of the offense; and
(2) the department has not, before the inmate makes
contact:
(A) received written and dated consent to the
contact from:
(i) a parent of the victim or the member of
the victim's family, other than the inmate;
(ii) a legal guardian of the victim or the
member of the victim's family; or
(iii) the victim or the member of the
victim's family, if the victim is 17 years of age or older at the
time of giving the consent; and
(B) provided the inmate with a copy of the
consent.
(a-1) The department shall adopt policies that prohibit an
inmate in the institutional division or in a transfer facility from
contacting by letter, telephone, or any other means, either
directly or indirectly, a victim of the offense for which the inmate
is serving a sentence or a member of the victim's family, if:
(1) the victim was 17 years of age or older at the time
of the commission of the offense;
(2) the inmate is confined after being convicted of an
offense listed in Article 17.032(a) or 62.001(5), Code of Criminal
Procedure, or after being convicted of an offense for which the
judgment contains an affirmative finding under Article 42A.054(c)
or (d), Code of Criminal Procedure; and
(3) the department has not, before the inmate makes
contact:
(A) received written and dated consent to the
contact from the victim; and
(B) provided the inmate with a copy of the
consent.
(b) If, during the actual term of imprisonment of an inmate
in the institutional division or a transfer facility, the inmate
violates a policy adopted under Subsection (a) or (a-1) or an order
entered under Article 42.24, Code of Criminal Procedure, the
department shall forfeit all or any part of the inmate's accrued
good conduct time. The department may not restore good conduct
time forfeited under this subsection.
SECTION 4. Section 508.1531, Government Code, is amended to
read as follows:
Sec. 508.1531. CONTACT WITH VICTIM. A parole panel
considering the release of an inmate on parole or to mandatory
supervision may consider whether the inmate:
(1) violated a policy adopted by the department under
Section 498.0042(a) or (a-1) or a court order entered under Article
42.24, Code of Criminal Procedure; or
(2) engaged in, or directed another person to engage
in, conduct that violates Section 500.009.
SECTION 5. Sections 38.111(a) and (b), Penal Code, are
amended to read as follows:
(a) A person commits an offense if the person, while
confined in a correctional facility after being charged with or
convicted of an offense listed in Article 17.032(a) or 62.001(5),
Code of Criminal Procedure, or after being convicted of an offense
for which the judgment contains an affirmative finding under
Article 42A.054(c) or (d), Code of Criminal Procedure, contacts by
letter, telephone, or any other means, either directly or through a
third party, a victim of the offense or a member of the victim's
family, if [:
[(1) the victim was younger than 17 years of age at the
time of the commission of the offense for which the person is
confined; and
[(2)] the director of the correctional facility has
not, before the person makes contact with the victim:
(1) [(A)] received written and dated consent to the
contact from:
(A) the victim, if the victim was 17 years of age
or older at the time of the commission of the offense for which the
person is confined; or
(B) if the victim was younger than 17 years of age
at the time of the commission of the offense for which the person is
confined:
(i) a parent of the victim;
(ii) a legal guardian of the victim;
(iii) the victim, if the victim is 17 years
of age or older at the time of giving the consent; or
(iv) a member of the victim's family who is
17 years of age or older; and
(2) [(B)] provided the person with a copy of the
consent.
(b) The person confined in a correctional facility may not
give the written consent required under Subsection (a)(1)
[(a)(2)(A)].
SECTION 6. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 7. This Act takes effect September 1, 2017.