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  H.B. No. 1028
 
 
 
 
AN ACT
  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; [or]
               (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