Bill Text: TX HB1028 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to certain contact between a criminal defendant and the victim of the offense of which the defendant is convicted or a member of the victim's family.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1028 Detail]
Download: Texas-2011-HB1028-Enrolled.html
| H.B. No. 1028 | ||
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| relating to certain contact between a criminal defendant and the | ||
| victim of the offense of which the defendant is convicted or a | ||
| member of the victim's family. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 42, Code of Criminal Procedure, is | ||
| amended by adding Article 42.24 to read as follows: | ||
| Art. 42.24. PROHIBITING CONTACT WITH VICTIM. If a | ||
| defendant's sentence includes a term of confinement or | ||
| imprisonment, the convicting court may, as part of the sentence, | ||
| prohibit the defendant from contacting, during the term of the | ||
| defendant's confinement or imprisonment, the victim of the offense | ||
| of which the defendant is convicted or a member of the victim's | ||
| family. | ||
| SECTION 2. Section 5, Article 42.032, Code of Criminal | ||
| Procedure, is amended to read as follows: | ||
| Sec. 5. Any part or all of the commutation accrued under | ||
| this article may be forfeited and taken away by the sheriff: | ||
| (1) for a sustained charge of misconduct in violation | ||
| of any rule known to the defendant, including escape or attempt to | ||
| escape, if the sheriff has complied with discipline proceedings as | ||
| approved by the Commission on Jail Standards; [ |
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| (2) on receipt by the sheriff of a certified copy of a | ||
| final order of a state or federal court that dismisses as frivolous | ||
| or malicious a lawsuit brought by a defendant while the defendant | ||
| was in the custody of the sheriff; or | ||
| (3) if the defendant, in violation of an order entered | ||
| under Article 42.24, contacts the victim of the offense for which | ||
| the defendant is serving a sentence or a member of the victim's | ||
| family. | ||
| SECTION 3. Section 498.0042(b), Government Code, is amended | ||
| to read as follows: | ||
| (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 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. Subchapter E, Chapter 508, Government Code, is | ||
| amended by adding Section 508.1531 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 violated a policy | ||
| adopted by the department under Section 498.0042(a) or a court | ||
| order entered under Article 42.24, Code of Criminal Procedure. | ||
| SECTION 5. This Act takes effect September 1, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1028 was passed by the House on April | ||
| 7, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1028 was passed by the Senate on May | ||
| 16, 2011, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
