Enrolled Bill Summary

Senate Bill 1004	Senate Author:  Huffman et al.
Effective:  9-1-23	House Sponsor:  Herrero et al.

            Senate Bill 1004 amends the Code of Criminal Procedure and 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, or causes or conspires or cooperates with another person to remove or disable, 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.

Senate Bill 1004 authorizes a judge sentencing a defendant convicted of an offense of tampering with an electronic monitoring device committed while on parole or mandatory supervision to order the sentence for the offense to run concurrently with the sentence for the offense for which the defendant was released on parole or to mandatory supervision, or, if the defendant's parole or mandatory supervision has been revoked, to commence immediately on completion of the sentence for the offense for which the defendant was released on parole or to mandatory supervision. The bill provides for a defendant who has been sentenced to serve consecutive sentences to be transferred to the Texas Department of Criminal Justice (TDCJ) if the defendant has not been taken into TDCJ custody following the revocation of the defendant's parole or mandatory supervision.