Bill

HB 104

85(R) - 2017
House Corrections
Senate Criminal Justice
House Corrections
Senate Criminal Justice
Criminal Justice
Criminal Procedure

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

James White

Sponsor(s)

Robert Nichols

Bill Caption

Relating to notification required to victims of certain criminal offenses. 

Fiscal Notes

No significant fiscal implication to the State is anticipated. 

Bill Analysis

If a defendant had been previously convicted of a serious offense that makes them ineligible for community supervision, or has been previously convicted of a crime related to the use or exhibition of a deadly weapon, and if they served a sentence of imprisonment and were subsequently released, an attorney representing the state would be required to notify the Texas Department of Criminal Justice (TDCJ) within 10 days if this individual is, once again, indicted on one of the aforementioned charges. After the TDCJ receives this notification they would be required to make a reasonable effort to provide notice to the victim of the crime for which the individual served their sentence. This bill would require the department to adopt a procedure for a victim, guardian of a victim, or close relative of a deceased victim may request to receive notice under this section.

Vote Recommendation Notes

It is well within the proper role of government to uphold victims’ rights, and to prosecute violent criminals. Notifying a victim of a previous crime that the same criminal has re-offended is a courtesy and reasonable accommodation that TDCJ can easily make without incurring extra expense to the state. The procedures outlined in this bill do not directly affect our liberty principles and we see no principled reason for anyone to oppose HB 104. We remain neutral.