Victim Services Division
Subsequent Indictment on Article 42A.054(a) Offense
and/or Finding of a Deadly Weapon Notification
House Bill 104
House Bill (HB) 104 was passed during the regular session of the 85th Texas Legislature and became effective December 1, 2017. Due to HB 104, a new victim notification was created regarding specific former Texas Department of Criminal Justice (TDCJ) offenders (Texas Government Code § 493.0251 Victim Notification of Subsequent Felony).
The Texas Department of Criminal Justice Victim Services Division (TDCJ VSD) appreciates your cooperation in submitting the Subsequent Indictment information. The continued collaboration between our agencies is vital to provide this notification to victims of crime. We encourage you to review the list of HB 104 Eligible Offenses found in the link below.
Effective September 1, 2019, with to the passage of HB 2758 in the 86th Legislative Session, Continuous Trafficking of Persons and Aggravated Promotion of Prostitution have been added to the list of indictments subject to House Bill 104.
Texas Code of Criminal Procedure art. 2.023 applies to:
a defendant who, in connection with a previous conviction for an offense listed in Article 42A.054(a) or for which the judgment contains an affirmative finding under Article 42A.054(c) or (d):
1. received a sentence that included imprisonment at a facility operated by or under contract with the Texas Department of Criminal Justice; and
2. was subsequently released from the imprisonment, including a release on parole, to mandatory supervision, or following discharge of the defendant's sentence.
On or before the 10th day after the defendant is indicted on a subsequent offense as described above, the attorney representing the state must notify the TDCJ VSD of the offense charged in the indictment.
Reporting
The TDCJ VSD has developed an online tool for prosecutor offices to report applicable subsequent indictments. To use the reporting tool, you may log into the Integrated Victim Services System (IVSS).
The assigned Victim Assistance Coordinator for each office has been provided Justice Official Access in the IVSS portal. If an additional representative from your office needs access to the reporting tool, please begin by creating a portal account on IVSS. To register for a new account you may enter your e-mail address, create a user name and password and click register. Once logged into the account, it will prompt you to fill out profile information.
After your account is created, complete the following steps:
1. Click the Request button in the blue ribbon at the top of the page.
2. Click Justice Official Access Request on the dropdown menu.
3. On the Justice Official Access Request page you will see an Elevated Access Request section. Please complete the form in this section by choosing the appropriate subscriber type (Victim Assistance Coordinator, District Attorney/County Attorney).
4. Click the Add County button to add the appropriate counties for your jurisdiction.
5. Identify the appropriate County or District Attorney Office using the magnifying glass lookup wizards.
6. Click the Submit button at the bottom of the page to send the request to TDCJ VSD for approval.
VSD staff will review the request to confirm that the individual is a representative of the district or county attorney’s organization prior to approving access.
Once approved, you may sign into the portal, click on the VAC button in the blue ribbon at the top of the page and navigate to HB-104 Submission for HB 104 reporting. Once on the Subsequent Indictment e-form page, your contact information will populate the form based on the information in your user profile. Please complete the e-form and submit it to notify TDCJ VSD of subsequent indictments for qualifying offenders.
HB 104 Subsequent Indictments e-forms are submitted online only through the IVSS Public Portal.
HB 104 Eligible Offenses (PDF)
HB 104 FAQs (PDF)