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Texas Code of Criminal Procedure - Article 56.11. Notification To Victim Of Release Or Escape Of Defendant

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 56.11. Notification To Victim Of Release Or Escape Of Defendant

Art. 56.11. NOTIFICATION TO VICTIM OF RELEASE OR ESCAPE OF DEFENDANT. (a) The Texas Department of Criminal Justice or the sheriff, whichever has custody of the defendant in the case of a felony, or the sheriff in the case of a misdemeanor, shall notify the victim of the offense whenever a person convicted of an offense described by Subsection (c): (1) completes the person's sentence and is released; or (2) escapes from a correctional facility. (b) If the Texas Department of Criminal Justice is required by Subsection (a) to give notice to the victim of an offense, the department shall also give notice to local law enforcement officials in the county in which the victim resides. (c) This article applies to a person convicted of an offense described by Section 508.187(a), Government Code, or an offense involving family violence, stalking, or violation of a protective order or magistrate's order. (d) It is the responsibility of a victim desiring notification of the offender's release to provide the Texas Department of Criminal Justice or the sheriff, as appropriate, with the address and telephone number of the victim or other person through whom the victim may be contacted and to notify the department or the sheriff of any change of address or telephone number of the victim or other person. Information obtained and maintained by the Texas Department of Criminal Justice or a sheriff under this subsection is privileged and confidential. (e) The Texas Department of Criminal Justice or the sheriff, as appropriate, shall make a reasonable attempt to give the notice required by Subsection (a): (1) not later than the 30th day before the person completes the sentence and is released; or (2) immediately if the person escapes from the correctional facility. (f) An attempt by the Texas Department of Criminal Justice or the sheriff to give notice to the victim at the victim's last known address, as shown on the records of the department or agency, constitutes a reasonable attempt to give notice under this article. (g) In this article: (1) "Correctional facility" has the meaning assigned by Section 1.07, Penal Code. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code. Added by Acts 1993, 73rd Leg., ch. 10, Sec. 6, eff. March 19, 1993. Subsec. (a) amended by Acts 1995, 74th Leg., ch. 657, Sec. 6, eff. June 14, 1995; amended by Acts 1997, 75th Leg., ch. 1, Sec. 8, eff. Jan. 28, 1997. Amended by Acts 1997, 75th Leg., ch. 670, Sec. 6, eff. Sept. 1, 1997; Subsec. (c) amended by Acts 2001, 77th Leg., ch. 978, Sec. 3, eff. Sept. 1, 2001; Subsec. (g) amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(k), eff. Sept. 1, 2003.

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