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AN ACT
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relating to procedures for certain persons charged with an |
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administrative violation of a condition of release from the Texas |
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Department of Criminal Justice on parole or to mandatory |
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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, Government Code, is amended by |
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amending Subsection (c) and adding Subsection (c-1) to read as |
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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 [unless] the |
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person is not a releasee who is: |
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(A) on intensive supervision or superintensive |
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supervision; |
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(B) [, who is] an absconder; or |
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(C) [, or who is] determined by the division to be |
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a threat to public safety; 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 third anniversary of the date the person was |
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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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(c-1) A [The] summons issued under Subsection (c) must state |
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the time, date, place, and purpose of the hearing. |
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SECTION 2. The change in law made by this Act applies only |
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to a person who on or after the effective date of this Act is charged |
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with a violation of the terms of the person's release on parole or |
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to 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 3. This Act takes effect September 1, 2011. |
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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. 2735 was passed by the House on May 4, |
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2011, by the following vote: Yeas 139, Nays 0, 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. 2735 was passed by the Senate on May |
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23, 2011, by the following vote: Yeas 25, Nays 6. |
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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 |