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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 part of an electronic monitoring program |
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under Article 42.035, Code of Criminal Procedure, or as a condition |
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of community supervision, parole, mandatory supervision, or |
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release on bail commits an offense if the person knowingly removes |
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or disables, or causes or conspires or cooperates with another |
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person to remove or disable, a tracking device that the person is |
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required to wear to enable the electronic monitoring of the |
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person's location. |
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(b) An offense under this section is a state jail felony, |
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except that the offense is a felony of the third degree if the |
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person is in the super-intensive supervision program described by |
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Section 508.317(d), Government Code. |
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(c) This section does not apply to the removal or disabling |
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of a tracking device by a health care provider, as defined by |
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Section 161.201, Health and Safety Code, due to medical necessity. |
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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)(1) A judge sentencing a defendant convicted of an |
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offense under Section 38.112, Penal Code, committed while on parole |
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or mandatory supervision may order the sentence for the offense to: |
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(A) run concurrently with the sentence for the |
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offense for which the defendant was released on parole or to |
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mandatory supervision; or |
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(B) if the defendant's parole or mandatory |
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supervision has been revoked, commence immediately on completion of |
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the sentence for the offense for which the defendant was released on |
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parole or to mandatory supervision. |
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(2) A judge who orders a sentence to be imposed |
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consecutively in the manner described by Subdivision (1)(B) shall, |
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on pronouncing the sentence, order the defendant transferred to the |
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custody of the Texas Department of Criminal Justice for purposes of |
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serving the applicable sentences consecutively as described by that |
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subdivision if the defendant has not been taken into custody by the |
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department following the revocation of the defendant's parole or |
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mandatory supervision. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1004 passed the Senate on |
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March 20, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1004 passed the House on |
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May 2, 2023, by the following vote: Yeas 142, Nays 2, one present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |