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AN ACT
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relating to certain contact between a criminal defendant and the |
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victim of the offense of which the defendant is convicted or a |
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member of the victim's family. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.24 to read as follows: |
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Art. 42.24. PROHIBITING CONTACT WITH VICTIM. If a |
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defendant's sentence includes a term of confinement or |
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imprisonment, the convicting court may, as part of the sentence, |
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prohibit the defendant from contacting, during the term of the |
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defendant's confinement or imprisonment, the victim of the offense |
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of which the defendant is convicted or a member of the victim's |
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family. |
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SECTION 2. Section 5, Article 42.032, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 5. Any part or all of the commutation accrued under |
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this article may be forfeited and taken away by the sheriff: |
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(1) for a sustained charge of misconduct in violation |
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of any rule known to the defendant, including escape or attempt to |
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escape, if the sheriff has complied with discipline proceedings as |
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approved by the Commission on Jail Standards; [or] |
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(2) on receipt by the sheriff of a certified copy of a |
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final order of a state or federal court that dismisses as frivolous |
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or malicious a lawsuit brought by a defendant while the defendant |
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was in the custody of the sheriff; or |
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(3) if the defendant, in violation of an order entered |
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under Article 42.24, contacts the victim of the offense for which |
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the defendant is serving a sentence or a member of the victim's |
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family. |
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SECTION 3. Section 498.0042(b), Government Code, is amended |
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to read as follows: |
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(b) If, during the actual term of imprisonment of an inmate |
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in the institutional division or a transfer facility, the inmate |
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violates a policy adopted under Subsection (a) or an order entered |
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under Article 42.24, Code of Criminal Procedure, the department |
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shall forfeit all or any part of the inmate's accrued good conduct |
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time. The department may not restore good conduct time forfeited |
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under this subsection. |
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SECTION 4. Subchapter E, Chapter 508, Government Code, is |
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amended by adding Section 508.1531 to read as follows: |
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Sec. 508.1531. CONTACT WITH VICTIM. A parole panel |
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considering the release of an inmate on parole or to mandatory |
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supervision may consider whether the inmate violated a policy |
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adopted by the department under Section 498.0042(a) or a court |
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order entered under Article 42.24, Code of Criminal Procedure. |
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SECTION 5. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1028 was passed by the House on April |
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7, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1028 was passed by the Senate on May |
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16, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |