By: Gallego H.B. No. 374
73R813 CLG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to parole intervention probation.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 42.12, Code of Criminal Procedure, is
1-5 amended by adding Section 29 to read as follows:
1-6 Sec. 29. PAROLE INTERVENTION PROBATION. (a) For the
1-7 purposes of this section, the jurisdiction of a court in which a
1-8 sentence requiring confinement in the institutional division of the
1-9 Texas Department of Criminal Justice is imposed shall continue for
1-10 the limited purpose of parole intervention probation from the date
1-11 of sentencing until the 60th day after the date on which the
1-12 defendant is released on parole from the institutional division.
1-13 Before that date, the judge of the court that imposed the sentence,
1-14 on the judge's own motion, on the written motion of the attorney
1-15 representing the state, or on the written motion of the defendant,
1-16 may intervene in the grant of parole by placing the defendant on
1-17 parole intervention probation under the terms and conditions of
1-18 this article if the judge determines that:
1-19 (1) the defendant would benefit from the supervision
1-20 and programs offered by the community supervision and corrections
1-21 department;
1-22 (2) the defendant has been granted parole; and
1-23 (3) the interest of the victim and the public require
1-24 that the supervision and programs offered by the community
2-1 supervision and corrections department be used to assist the
2-2 defendant in the defendant's rehabilitation.
2-3 (b) The court may set the terms and conditions of parole
2-4 intervention probation as it is authorized to set in any other
2-5 probation under this article.
2-6 (c) If the defendant or the attorney representing the state
2-7 files a written motion requesting parole intervention probation,
2-8 the clerk of the court shall request a copy of the defendant's
2-9 record while incarcerated from the institutional division and a
2-10 copy of the defendant's terms and conditions of parole from the
2-11 pardons and paroles division. On receipt of that request, the
2-12 institutional division and the pardons and paroles division shall
2-13 forward to the court a full and complete copy of the defendant's
2-14 records while incarcerated and the defendant's terms and conditions
2-15 of parole not later than the 10th day after the date on which the
2-16 request is received. If the defendant files a written motion
2-17 requesting parole intervention probation, the defendant shall
2-18 immediately deliver a true and correct copy of the motion to the
2-19 office of the attorney representing the state.
2-20 (d) The court may deny a motion for parole intervention
2-21 probation without a hearing, but may not grant the motion without
2-22 holding a hearing and providing the defendant and the attorney
2-23 representing the state the opportunity to present evidence on the
2-24 motion. If the defendant fails to appear at a scheduled hearing on
2-25 the motion for parole intervention probation, the court may grant
2-26 the motion, set the conditions of the probation, and order the
2-27 defendant arrested and brought before the court for admonishment as
3-1 to the terms and conditions of the parole intervention probation.
3-2 Notice of hearing shall be given to the attorney representing the
3-3 state by hand delivery or by United States mail. Notice of the
3-4 hearing shall be given to the defendant by mailing the notice to
3-5 the address listed by the pardons and paroles division as the
3-6 defendant's current residence or business address. If the pardons
3-7 and paroles division does not have a current residence or business
3-8 address, notice may be accomplished by mailing the hearing notice
3-9 to the defendant's last known residence address. Notice of the
3-10 hearing also shall be provided by the attorney representing the
3-11 state to any designated victim.
3-12 (e) After parole intervention probation is granted, the
3-13 provisions of this article relating to detention, hearing,
3-14 continuation, modification, and revocation of probation apply to
3-15 the parole intervention probation. The court may include in its
3-16 order any terms and conditions of probation, fees, restitution,
3-17 special conditions, intensive or maximum probation, electronic
3-18 monitoring, or community service requirements provided under this
3-19 article.
3-20 SECTION 2. (a) The change in law made by this Act applies
3-21 only to a defendant sentenced for an offense committed on or after
3-22 the effective date of this Act. For purposes of this section, an
3-23 offense is committed before the effective date of this Act if any
3-24 element of the offense occurs before the effective date.
3-25 (b) A defendant sentenced for an offense committed before
3-26 the effective date of this Act is covered by the law in effect when
3-27 the offense was committed, and the former law is continued in
4-1 effect for this purpose.
4-2 SECTION 3. This Act takes effect September 1, 1993.
4-3 SECTION 4. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.