| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to mandatory conditions of community supervision, parole, |
|
|
or mandatory supervision concerning certain searches. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter H, Chapter 42A, Code of Criminal |
|
|
Procedure, is amended by adding Article 42A.353 to read as follows: |
|
|
Art. 42A.353. CONSENT TO CERTAIN SEARCHES. (a) A judge |
|
|
granting community supervision to a defendant convicted of a felony |
|
|
shall require as a condition of community supervision that, at the |
|
|
request of a supervision officer and regardless of whether the |
|
|
officer has a warrant authorizing the search, the defendant allow |
|
|
the requesting officer to search the defendant's person, vehicle, |
|
|
or residence, including the curtilage of the residence, if the |
|
|
requesting officer has reasonable suspicion that the defendant has |
|
|
committed or is about to commit an offense or a violation of a |
|
|
condition of community supervision. |
|
|
(b) A search conducted pursuant to this article must be |
|
|
conducted in a reasonable manner and may not be arbitrary, |
|
|
capricious, or harassing. |
|
|
(c) A supervision officer who conducts a search pursuant to |
|
|
this article shall notify the judge that placed the person on |
|
|
community supervision as soon as practicable after conducting the |
|
|
search. |
|
|
SECTION 2. Subchapter F, Chapter 508, Government Code, is |
|
|
amended by adding Section 508.193 to read as follows: |
|
|
Sec. 508.193. CONSENT TO CERTAIN SEARCHES. (a) A parole |
|
|
panel shall require as a condition of parole or mandatory |
|
|
supervision that, at the request of a parole officer and regardless |
|
|
of whether the officer has a warrant authorizing the search, a |
|
|
releasee allow the requesting officer to search the releasee's |
|
|
person, vehicle, or residence, including the curtilage of the |
|
|
residence, if the requesting officer has reasonable suspicion that |
|
|
the releasee has committed or is about to commit an offense or a |
|
|
violation of a condition of parole or mandatory supervision. |
|
|
(b) A search conducted pursuant to this section must be |
|
|
conducted in a reasonable manner and may not be arbitrary, |
|
|
capricious, or harassing. |
|
|
(c) A parole officer who conducts a search pursuant to this |
|
|
section shall notify the division as soon as practicable after |
|
|
conducting the search. |
|
|
SECTION 3. This Act takes effect September 1, 2021. |