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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the criminal offense of tampering with an |
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electronic monitoring device and to certain consequences on |
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conviction of that offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Penal Code, is amended by adding |
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Section 38.112 to read as follows: |
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Sec. 38.112. TAMPERING WITH ELECTRONIC MONITORING DEVICE. |
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(a) A person who is required to submit to electronic monitoring of |
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the person's location as a condition of release on parole or to |
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mandatory supervision commits an offense if the person knowingly |
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removes or disables or attempts to remove or disable a tracking |
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device that the person is required to wear to enable the electronic |
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monitoring of the person's location. |
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(b) An offense under this section is a state jail felony. |
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SECTION 2. Article 42.08, Code of Criminal Procedure, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) A judge sentencing a defendant convicted of an offense |
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under Section 38.112, Penal Code, shall order the sentence for the |
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offense to commence immediately on completion of the sentence for |
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the offense for which the defendant was released on parole or to |
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mandatory supervision. The judge shall, on pronouncing the |
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sentence, order the defendant transferred to the custody of the |
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Texas Department of Criminal Justice for purposes of serving the |
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applicable sentences consecutively if the defendant has not been |
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taken into custody by the department following the automatic |
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revocation of the defendant's parole or mandatory supervision under |
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Section 508.285, Government Code. |
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SECTION 3. Subchapter I, Chapter 508, Government Code, is |
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amended by adding Section 508.285 to read as follows: |
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Sec. 508.285. AUTOMATIC REVOCATION ON CONVICTION OF |
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TAMPERING WITH ELECTRONIC MONITORING DEVICE. Notwithstanding any |
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other law, on a releasee's conviction of an offense under Section |
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38.112, Penal Code, the releasee's parole or mandatory supervision |
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is automatically revoked and the sentence for which the releasee |
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was on parole or mandatory supervision may not be considered to have |
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ceased to operate for purposes of Article 42.08, Code of Criminal |
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Procedure. |
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SECTION 4. This Act takes effect September 1, 2023. |