85R507 JRR-D     By: Rodríguez S.B. No. 1243       A BILL TO BE ENTITLED   AN ACT   relating to the creation of the offense of improper contact with an   adult victim of a criminal offense and providing certain rights to a   victim and the victim's family regarding contact by an inmate or an   inmate's representative.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 56.02, Code of Criminal Procedure, is   amended by adding Subsection (b-1) to read as follows:          (b-1)  If a defendant is sentenced to a term of imprisonment   in a facility operated by or under contract with the Texas   Department of Criminal Justice, a victim, guardian of a victim, or   close relative of a deceased victim is entitled under Section   500.009, Government Code, to consent to contact or to request no   contact from the defendant or the defendant's representatives,   including family members, friends, attorneys, and other third   parties working on behalf of the defendant.          SECTION 2.  Chapter 500, Government Code, is amended by   adding Section 500.009 to read as follows:          Sec. 500.009.  CONTACT BY INMATE OR INMATE'S REPRESENTATIVE   WITH VICTIM OR CERTAIN OTHER PERSONS. (a) In this section:                (1)  "Close relative of a deceased victim," "guardian   of a victim," and "victim" have the meanings assigned by Article   56.01, Code of Criminal Procedure.                (2)  "Inmate" means the defendant in the victim's case   who is sentenced to a term of imprisonment in a facility operated by   or under contract with the department.                (3)  "Inmate's representative" means any third party   working on behalf of an inmate, including a family member of, friend   of, or attorney for the inmate.          (b)  A victim, guardian of a victim, or close relative of a   deceased victim has the right to consent to contact or to request no   contact from an inmate or an inmate's representatives.          (c)  An inmate or an inmate's representative:                (1)  shall determine whether a victim, guardian of a   victim, or close relative of a deceased victim has consented to   contact or requested no contact from the inmate or the inmate's   representatives before contacting the victim, guardian of the   victim, or close relative of the deceased victim; and                (2)  may not contact a victim, guardian of a victim, or   close relative of a deceased victim if no contact from the inmate or   the inmate's representatives was requested.          (d)  If the department is notified or otherwise becomes aware   that an inmate or an inmate's representative contacted a victim,   guardian of a victim, or close relative of a deceased victim in   violation of this section, the department shall:                (1)  document the violation in the inmate's file; and                (2)  forward documentation of the violation, including   documentation of whether the inmate was aware of the violation, to   the appropriate parole panel when the inmate is being considered   for release on parole or to mandatory supervision.          (e)  A victim, guardian of a victim, or close relative of a   deceased victim who consents to contact or requests no contact from   the inmate or the inmate's representatives may change that election   by contacting the victim services division of the department.          (f)  The department shall post on the department's Internet   website as part of the Offender Information Details section of the   website, or on another similar section of the website that displays   information about inmates imprisoned in facilities operated by or   under contract with the department, whether a victim, guardian of a   victim, or close relative of a deceased victim consented to contact   or requested no contact from the inmate or the inmate's   representatives.          SECTION 3.  Section 498.0042, Government Code, is amended by   adding Subsection (a-1) and amending Subsections (a) and (b) to   read as follows:          (a)  The department shall adopt policies that prohibit an   inmate in the institutional division or in a transfer facility from   contacting by letter, telephone, or any other means, either   directly or indirectly, a victim of the offense for which the inmate   is serving a sentence or a member of the victim's family, if:                (1)  the victim was younger than 17 years of age at the   time of the commission of the offense; and                (2)  the department has not, before the inmate makes   contact:                      (A)  received written and dated consent to the   contact from:                            (i)  a parent of the victim or the member of   the victim's family, other than the inmate;                            (ii)  a legal guardian of the victim or the   member of the victim's family; or                            (iii)  the victim or the member of the   victim's family, if the victim is 17 years of age or older at the   time of giving the consent; and                      (B)  provided the inmate with a copy of the   consent.          (a-1)  The department shall adopt policies that prohibit an   inmate in the institutional division or in a transfer facility from   contacting by letter, telephone, or any other means, either   directly or indirectly, a victim of the offense for which the inmate   is serving a sentence or a member of the victim's family, if:                (1)  the victim was 17 years of age or older at the time   of the commission of the offense;                (2)  the inmate is confined after being convicted of an   offense listed in Article 17.032(a) or 62.001(5), Code of Criminal   Procedure, or after being convicted of an offense for which the   judgment contains an affirmative finding under Article 42A.054(c)   or (d), Code of Criminal Procedure; and                (3)  the department has not, before the inmate makes   contact:                      (A)  received written and dated consent to the   contact from the victim; and                      (B)  provided the inmate with a copy of the   consent.          (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 (a-1) 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.  Section 508.1531, Government Code, is amended 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:                (1)  violated a policy adopted by the department under   Section 498.0042(a) or (a-1) or a court order entered under Article   42.24, Code of Criminal Procedure; or                (2)  engaged in, or directed another person to engage   in, conduct that violates Section 500.009.          SECTION 5.  Sections 38.111(a) and (b), Penal Code, are   amended to read as follows:          (a)  A person commits an offense if the person, while   confined in a correctional facility after being charged with or   convicted of an offense listed in Article 17.032(a) or 62.001(5),   Code of Criminal Procedure, or after being convicted of an offense   for which the judgment contains an affirmative finding under   Article 42A.054(c) or (d), Code of Criminal Procedure, contacts by   letter, telephone, or any other means, either directly or through a   third party, a victim of the offense or a member of the victim's   family, if [:                [(1)     the victim was younger than 17 years of age at the   time of the commission of the offense for which the person is   confined; and                [(2)]  the director of the correctional facility has   not, before the person makes contact with the victim:                (1) [(A)]  received written and dated consent to the   contact from:                      (A)  the victim, if the victim was 17 years of age   or older at the time  of the commission of the offense for which the   person is confined; or                      (B)  if the victim was younger than 17 years of age   at the time of the commission of the offense for which the person is   confined:                            (i)  a parent of the victim;                            (ii)  a legal guardian of the victim;                            (iii)  the victim, if the victim is 17 years   of age or older at the time of giving the consent; or                            (iv)  a member of the victim's family who is   17 years of age or older; and                (2) [(B)]  provided the person with a copy of the   consent.          (b)  The person confined in a correctional facility may not   give the written consent required under Subsection (a)(1)   [(a)(2)(A)].          SECTION 6.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 7.  This Act takes effect September 1, 2017.