I'm finding conflicting information on this code section - is it still alive? It looks like that although most of this section was repealed eff. Sept. 1, 1995, HB 2162 added its own "Section 14" while SB 47 added its own "Section 14" dealing with victim notification by the probation department. Does anyone know anything about this? Does it still exist? Is probation supposed to be notifying victims (as defined by Art. 56.01) of hearings related to the modification of a defendant's probation? If this article still exists, would any modifications entered without notification to the victim be null and void? Chapter 76 of the Government Code codifies the same language.

Crazy things are happening to me this week in reference to code sections that NO ONE DEALS WITH. Oh, the life of a rural prosecutor.

Hi Lauren,

Yes, Sec. 76.016 of the Government Code is the applicable statute, and it does say that probation "shall" notify the victims that have chosen to be notified.

I don't know of any authority for the idea that a failure to notify the victims nullifies the probation modification.

Feel free to send me an email or give me a call if you need me to research anything else for you!

Thank you for the help. I am trying to find anything and everything to argue to the Court to reinstate probation conditions that were eliminated over a year ago. The victim was never notified of the proposed changes and the hearing that was scheduled (again, victim not notified of the hearing) was reset. Unbeknownst to anyone, the judge, prosecutor and defense attorney agreed to eliminate ALL probation conditions behind closed doors in an informal discussion without anyone's knowledge - probation didn't know, the DA's office didn't know, the victim didn't know. Days later, an order amending conditions was entered reflecting the agreement. It's been a confusing process the whole way through - the judge and prosecutor no longer work in this county and we're just trying to clean up the mess.