HBA-LJP H.B. 3505 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3505 By: Maxey Criminal Jurisprudence 4/8/2001 Introduced BACKGROUND AND PURPOSE When a crime victim is informed of the release, transfer, conviction, escape, or the court proceedings of the offender, then the crime victim is potentially safer and is able to become more involved in the judicial process. Under the Texas Constitution, a crime victim is entitled, on request, to the notification of court proceedings and to information about the conviction, sentence, imprisonment, and release of the accused. Currently, the Automated Victim Notification System (AVNS) of the Texas Department of Criminal Justice is a statewide notification system to provide crime victims information regarding offenders in state prisons and the Victim Information Notification Everyday (VINE) system is a notification system in five Texas counties that provides notification to crime victims. However, there currently is not a statewide system to notify crime victims of court proceedings or the location of the offender that is incarcerated. House Bill 3505 requires the attorney general to establish a custody and court information and notification system that is available in Spanish and English and to establish a toll-free number and to notify the victim, by telephone, facsimile, electronic mail, letter, or any other reasonable means. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 3505 amends the Code of Criminal Procedure to require the attorney general to establish a custody and court information and notification system (system) that is available in Spanish and English and to establish a toll-free number that a person anywhere in the state may call 24 hours a day, 365 days a year, for information regarding the release, transfer, or escape, the location, or certain court proceedings related to a criminal offender. The bill also requires the attorney general to establish the system to notify the victim, no later than the 30th day after the release or transfer of the offender or change in the proceeding schedule of the offense, by telephone, facsimile, electronic mail, letter, or any other reasonable means of the release, transfer, or schedule change. If the offender escapes custody, then the bill requires the attorney general to make a reasonable attempt to notify the victim immediately. The bill provides that it is the responsibility of the victim desiring notice to provide the attorney general with the telephone number, facsimile number, electronic or physical address of the victim or other person through whom the victim may be contacted and to provide the attorney general with any change in contact information of the victim. The bill provides that this contact information obtained and maintained by the attorney general is privileged and confidential. The bill authorizes the guardian of a victim or a close relative of a deceased victim to receive the notice provided to a victim by filing a written request for the notice with the attorney general that provides all of the information required for the victim notification. The bill authorizes the attorney general to establish an automated system, provide computer equipment to corrections facilities and courts, establish a service for monitoring information of the system, assign each victim who requests notification an identification number, to create an Internet site, and to provide training or support materials to educate the public, law enforcement, and victim service providers. The bill authorizes the attorney general to use money appropriated from the compensation to victims of crime fund for grants or contracts supporting the system. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.