HBA-LJP C.S.H.B. 3505 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3505
By: Maxey
Criminal Jurisprudence
4/22/2001
Committee Report (Substituted)



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.  C.S.H.B. 3505 requires the attorney general to provide
funding from the compensation to victims of crime fund to the Texas Crime
Victim Clearinghouse to be used to establish a custody and court
information and notification system 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

C.S.H.B. 3505 amends the Code of Criminal Procedure to require the attorney
general to provide funding from the compensation to victims of crime fund
to the Texas Crime Victim Clearinghouse to be used to establish a custody
and court information and notification system (system).  The bill requires
the Texas Crime Victim Clearinghouse to make the system available in
Spanish, English, and any other language selected by the attorney general. 

The bill provides that the Texas Crime Victim Clearinghouse use the system
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 requires the Texas Crime Victim
Clearinghouse to establish the system to notify the victim or any concerned
individual who has provided the attorney general with an address or
telephone number immediately 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. 

The bill provides that it is the responsibility of the victim or any
concerned individual who has provided the attorney general with an address
or telephone number desiring notice to provide the Texas Crime Victim
Clearinghouse with the telephone number, facsimile number, electronic or
physical address of the victim, a concerned individual, or other person
through whom the victim may be contacted and to provide the Texas Crime
Victim Clearinghouse with any change in contact information of the victim.
The bill provides that this contact information obtained and maintained by
the Texas Crime Victim Clearinghouse is privileged  and confidential. 

The bill requires the Texas Crime Victim Clearinghouse 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,
establish a project management team, to create an Internet site, and to
provide training or support materials to educate the public, law
enforcement, and victim service providers.  The bill also sets forth
provisions regarding the information that the Texas Crime Victim
Clearinghouse does not have a duty to provide with the system. 

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 established by the Texas Crime Victim Clearinghouse. 

The bill provides that the Texas Crime Victim Clearinghouse is immune from
liability for good faith conduct regarding the system. 

The bill also prohibits the construction of the above provisions from
altering any existing duty of a law enforcement agency to notify a crime
victim or a person designated by the victim to receive notice. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3505 modifies the original to require the attorney general to
provide funding from the compensation to victims of crime fund to the Texas
Crime Victim Clearinghouse to be used to establish a custody and court
information and notification system (system), rather than only require the
attorney general to establish the system.  The substitute provides that the
Texas Crime Victim Clearinghouse is to establish and maintain the system
with these funds and requires the Texas Crime Victim Clearinghouse to make
the system available in Spanish, English, and any other language selected
by the attorney general. 

C.S.H.B. 3505 removes the authorization of 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
and authorizes the notification of any concerned individual who has
provided the attorney general with an address or telephone number.  The
substitute also removes provisions regarding what constitutes a reasonable
attempt to notify the victim. 

The substitute requires the Texas Crime Victim Clearinghouse to immediately
notify the victim or certain concerned individuals of the release,
transfer, or escape of the offender or a change in a schedule for public
court proceedings related to the offense, rather than require the attorney
general to notify the victim within specified time periods of the release,
transfer, or escape of the offender or a change in a schedule for public
court proceedings.  The substitute requires the Texas Crime Victim
Clearinghouse, rather than authorizes the attorney general, to perform the
specified duties.  The substitute adds to those duties the establishment of
a project management team, and specifies the uses of the required secure
Internet site. 

C.S.H.B. 3505 sets forth provisions regarding the information that the
Texas Crime Victim Clearinghouse does not have a duty to provide with the
system and provides that the Texas Crime Victim Clearinghouse is immune
from liability for good faith conduct regarding the system.  The substitute
also prohibits the construction of the above provisions from altering any
existing duty of a law enforcement agency to notify a crime victim or a
person designated by the victim to receive notice.