Bill Text: TX HB104 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to notification provided to certain victims of criminal offenses.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-14 - Effective on 9/1/17 [HB104 Detail]
Download: Texas-2017-HB104-Enrolled.html
| H.B. No. 104 | ||
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| relating to notification provided to certain victims of criminal | ||
| offenses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
| amended by adding Article 2.023 to read as follows: | ||
| Art. 2.023. NOTIFICATION TO TEXAS DEPARTMENT OF CRIMINAL | ||
| JUSTICE. (a) This article applies only to a defendant who, in | ||
| connection with a previous conviction for an offense listed in | ||
| Article 42A.054(a) or for which the judgment contains an | ||
| affirmative finding under Article 42A.054(c) or (d): | ||
| (1) received a sentence that included imprisonment at | ||
| a facility operated by or under contract with the Texas Department | ||
| of Criminal Justice; and | ||
| (2) was subsequently released from the imprisonment, | ||
| including a release on parole, to mandatory supervision, or | ||
| following discharge of the defendant's sentence. | ||
| (b) Not later than the 10th day after the date that a | ||
| defendant described by Subsection (a) is indicted for an offense | ||
| listed in Article 42A.054(a) or for which the judgment contains an | ||
| affirmative finding under Article 42A.054(c) or (d), the attorney | ||
| representing the state shall notify an officer designated by the | ||
| Texas Department of Criminal Justice of the offense charged in the | ||
| indictment. | ||
| SECTION 2. Chapter 493, Government Code, is amended by | ||
| adding Section 493.0251 to read as follows: | ||
| Sec. 493.0251. VICTIM NOTIFICATION OF SUBSEQUENT FELONY. | ||
| (a) In this section, "victim," "guardian of a victim," and "close | ||
| relative of a deceased victim" have the meanings assigned by | ||
| Section 508.117. | ||
| (b) If the department receives a notification under Article | ||
| 2.023, Code of Criminal Procedure, regarding the indictment of a | ||
| defendant described by that article, the department shall, to the | ||
| extent requested under Subsection (c), make a reasonable effort to | ||
| provide notice of the offense charged in the indictment to each | ||
| victim, guardian of a victim, or close relative of a deceased victim | ||
| of an offense described by Article 2.023(a), Code of Criminal | ||
| Procedure, for which the defendant was previously imprisoned at a | ||
| facility operated by or under contract with the department and | ||
| subsequently released. | ||
| (c) The department shall adopt a procedure by which a | ||
| victim, guardian of a victim, or close relative of a deceased victim | ||
| may: | ||
| (1) request to receive notice under this section; and | ||
| (2) inform the department of the person's address for | ||
| purposes of providing the notice. | ||
| (d) Except as necessary to comply with this section, the | ||
| board or the department may not disclose to any person the name or | ||
| address of a person entitled to notice under this section unless: | ||
| (1) the person approves the disclosure; or | ||
| (2) a court determines that there is good cause for the | ||
| disclosure and orders the board or the department to disclose the | ||
| information. | ||
| SECTION 3. Not later than November 1, 2017, the Texas | ||
| Department of Criminal Justice shall adopt rules necessary to | ||
| implement Section 493.0251, Government Code, as added by this Act. | ||
| SECTION 4. Article 2.023, Code of Criminal Procedure, as | ||
| added by this Act, applies only to a criminal case in which the | ||
| indictment is presented to the court on or after December 1, 2017. | ||
| A criminal case in which the indictment is presented to the court | ||
| before December 1, 2017, is governed by the law in effect on the | ||
| date the indictment is presented, and the former law is continued in | ||
| effect for that purpose. | ||
| SECTION 5. This Act takes effect September 1, 2017. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 104 was passed by the House on April | ||
| 28, 2017, by the following vote: Yeas 135, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 104 was passed by the Senate on May | ||
| 24, 2017, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
