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AN ACT
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relating to procedures for certain persons charged with a violation |
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of a condition of release from the Texas Department of Criminal |
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Justice on parole or to mandatory supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.251(c), Government Code, is amended |
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to read as follows: |
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(c) Instead of the issuance of a warrant under this section, |
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the division: |
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(1) may issue to the person a summons requiring the |
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person to appear for a hearing under Section 508.281 if the person: |
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(A) is not a releasee who is: |
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(i) [(A)] on intensive supervision or |
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superintensive supervision; |
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(ii) [(B)] an absconder; or |
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(iii) [(C)] determined by the division to |
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be a threat to public safety; or |
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(B) is charged only with committing a new offense |
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that is alleged to have been committed after the first anniversary |
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of the date the person was released on parole or to mandatory |
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supervision if: |
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(i) the new offense is a Class C misdemeanor |
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under the Penal Code, other than an offense committed against a |
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child younger than 17 years of age or an offense involving family |
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violence, as defined by Section 71.004, Family Code; |
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(ii) the person has maintained steady |
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employment for at least one year; |
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(iii) the person has maintained a stable |
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residence for at least one year; and |
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(iv) the person has not previously been |
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charged with an offense after the person was released on parole or |
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to mandatory supervision; and |
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(2) shall issue to the person a summons requiring the |
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person to appear for a hearing under Section 508.281 if the person: |
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(A) is charged only with committing an |
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administrative violation of release that is alleged to have been |
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committed after the first [third] anniversary of the date the |
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person was released on parole or to mandatory supervision; |
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(B) is not serving a sentence for, and has not |
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been previously convicted of, an offense listed in or described by |
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Article 62.001(5), Code of Criminal Procedure; and |
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(C) is not a releasee with respect to whom a |
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summons may not be issued under Subdivision (1). |
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SECTION 2. Section 508.281(c), Government Code, is amended |
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to read as follows: |
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(c) If a hearing before a designated agent of the board is |
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held under this section for a releasee who appears in compliance |
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with a summons, the sheriff of the county in which the releasee is |
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required to appear shall provide the designated agent with a place |
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at the county jail to hold the hearing. After the board or a parole |
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panel makes a final determination [Immediately on conclusion of a
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hearing in which the designated agent determines] that a releasee |
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has violated a condition of release, a warrant may be issued |
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requiring the releasee to be held in the county jail pending: |
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(1) transfer to an intermediate sanction facility [the
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action of a parole panel on any recommendations made by the
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designated agent]; or [and] |
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(2) [if subsequently ordered by the parole panel,] the |
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return of the releasee to the institution from which the releasee |
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was released. |
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SECTION 3. The change in law made by this Act in amending |
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Section 508.251(c), Government Code, applies only to a person who |
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on or after the effective date of this Act is charged with a |
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violation of the terms of the person's release on parole or to |
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mandatory supervision. A person who before the effective date of |
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this Act was charged with a violation of the terms of the person's |
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release is governed by the law in effect when the violation was |
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charged, and the former law is continued in effect for that purpose. |
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SECTION 4. The change in law made by this Act in amending |
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Section 508.281(c), Government Code, applies only to a hearing held |
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on or after the effective date of this Act. A hearing held before |
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the effective date of this Act is governed by the law in effect on |
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the date the hearing was held, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 710 was passed by the House on May 7, |
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2015, by the following vote: Yeas 139, Nays 4, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 710 was passed by the Senate on May |
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26, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |