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.