BILL ANALYSIS

H.B. 2984

By: Herrero

Corrections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Electronic monitoring devices are integral tools utilized to increase public safety and promote accountability upon the release of defendants on house arrest or as a condition of community supervision, parole, mandatory supervision, or release on bail. When these individuals remove or destroy their electronic monitoring devices, which should be tracking their daily activities, the lives of Texans may be put in danger. Currently, it is only a technical violation of parole and is not considered a violation of state law to tamper with or destroy an ankle monitor. H.B. 2984 seeks to address this issue by creating a felony offense for tampering with an electronic monitoring device by knowingly removing or disabling the device.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2984 amends the Penal Code to create the state jail felony offense of tampering with an electronic monitoring device for a person who:

· is required to submit to electronic monitoring of the person's location as part of an electronic monitoring program or as a condition of community supervision, parole, mandatory supervision, or bail; and

· knowingly removes or disables a tracking device that the person is required to wear to enable the electronic monitoring of the person's location.

The bill enhances the penalty to a third degree felony for a person who is in the super-intensive supervision program and commits such conduct.

EFFECTIVE DATE

September 1, 2023.