By A. Smith of Harris H.B. No. 2832
Substitute the following for H.B. No. 2832:
By Combs C.S.H.B. No. 2832
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a requirement that an inmate carry a certain contract
1-3 or written statement while the inmate is in a public place as a
1-4 condition of release on parole or to mandatory supervision.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 42.18, Code of Criminal Procedure,
1-7 Section 19, subsection (c) is amended to read as follows:
1-8 (c) No person who is serving as a sheriff, deputy sheriff,
1-9 constable, deputy constable, city policeman, Texas Ranger, state
1-10 highway patrolman, or similar law enforcement officer or as a
1-11 prosecuting attorney shall act as a parole officer or be
1-12 responsible for the supervision of persons on parole or released to
1-13 mandatory supervision other than as authorized by Section 13A of
1-14 this article.
1-15 SECTION 2. Section 8(g), Article 42.18, Code of Criminal
1-16 Procedure, is amended to read as follows:
1-17 (g) The Texas Board of Criminal Justice may adopt such other
1-18 reasonable rules not inconsistent with law as it may deem proper or
1-19 necessary with respect to the eligibility of prisoners for parole
1-20 and mandatory supervision, the conduct of parole and mandatory
1-21 supervision hearings, or conditions to be imposed upon parolees and
1-22 persons released to mandatory supervision. Each person to be
1-23 released on parole shall be furnished a contract setting forth in
1-24 clear and intelligible language the conditions and rules of parole.
2-1 The parole panel may include as a condition of parole or mandatory
2-2 supervision any condition that a court may impose on a probationer
2-3 under Article 42.12 of this code, including the condition that the
2-4 person released submit to testing for controlled substances or
2-5 submit to electronic monitoring if the parole panel determines that
2-6 absent testing for controlled substances or participation in an
2-7 electronic monitoring program the person would not be released on
2-8 parole. Acceptance, signing, and execution of the contract by the
2-9 inmate to be paroled shall be a precondition to release on parole.
2-10 Persons released on mandatory supervision shall be furnished a
2-11 written statement setting forth in clear and intelligible language
2-12 the conditions and rules of mandatory supervision. The parole
2-13 panel may also require as a condition of parole or release to
2-14 mandatory supervision that the person make payments in satisfaction
2-15 of damages the person is liable for under Article 6184p, Revised
2-16 Statutes. The parole panel shall require as a condition of parole
2-17 or mandatory supervision that the person register under article
2-18 6252-13c.1, Revised Statutes.
2-19 SECTION 3. Section 8, Article 42.18, Code of Criminal
2-20 Procedure, is amended by adding subsection (o) to read as follows:
2-21 (o) In addition to other conditions imposed by a parole
2-22 panel under this article, the parole panel shall require as a
2-23 condition of parole or release to mandatory supervision for the 12
2-24 month period immediately following the prisoner's release from
2-25 confinement that a prisoner convicted of murder, aggravated
2-26 robbery, aggravated sexual assault, aggravated kidnapping, or
2-27 indecency with a child by engaging in sexual contact with the
3-1 child:
3-2 (1) carry on or about his person while the prisoner is
3-3 in a public place a legible copy of the contract or written
3-4 statement issued to the prisoner under Subsection (g) of this
3-5 section that can be read without the use of a magnifying glass;
3-6 and
3-7 (2) show a copy of the contract or written statement
3-8 on request to a peace officer.
3-9 SECTION 4. Article 42.18, Code of Criminal Procedure, is
3-10 amended by adding Section 13A to read as follows:
3-11 Sec. 13A. DETENTION BY PEACE OFFICER. (a) A peace officer
3-12 may temporarily detain in a public place a person who is released
3-13 from the institutional division on parole or to mandatory
3-14 supervision for the purpose of examining a copy of the contract or
3-15 written statement issued to the person under Section 8(g) of this
3-16 article to determine whether the person has violated a condition of
3-17 the person's release on parole or to mandatory supervision.
3-18 (b) As soon as practicable after a peace officer temporarily
3-19 detains a person under subsection (a) of this section and
3-20 determines that he has violated a condition of his release on
3-21 parole or to mandatory supervision, the peace officer shall notify
3-22 the pardons and paroles division of the violation.
3-23 (c) As soon as practicable after receiving notice of a
3-24 violation of conditions of release on parole or to mandatory
3-25 supervision from a peace officer under subsection (b) of this
3-26 section, the pardons and paroles division shall decide whether to
3-27 issue a summons under the authority granted by Section 13(a) of
4-1 this article requiring the prisoner to appear for a hearing under
4-2 Section 14 of this article.
4-3 SECTION 5. (a) The change in law made by this Act applies
4-4 only to a person released on parole or to mandatory supervision for
4-5 an offense committed on or after the effective date of this Act.
4-6 For purposes of this section, an o offense is committed before the
4-7 effective date of this Act if any element of the offense occurs
4-8 before the effective date.
4-9 (b) An inmate sentenced for an offense committed before the
4-10 effective date of this Act is covered by the law in effect when the
4-11 offense was committed, and that law is continued in effect for that
4-12 purpose.
4-13 SECTION 6. This Act takes effect January 1, 1994.
4-14 SECTION 7. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended.