By: Smith, A. H.B. No. 2832
73R7791 CLG-F
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 14.03(a), Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 (a) Any peace officer may arrest, without warrant:
1-9 (1) persons found in suspicious places and under
1-10 circumstances which reasonably show that such persons have been
1-11 guilty of some felony or breach of the peace, or threaten, or are
1-12 about to commit some offense against the laws;
1-13 (2) persons who the peace officer has probable cause
1-14 to believe have committed an assault resulting in bodily injury to
1-15 another person and the peace officer has probable cause to believe
1-16 that there is danger of further bodily injury to that person;
1-17 (3) persons who the peace officer has probable cause
1-18 to believe have committed the offense defined by Section 25.08,
1-19 Penal Code (violation of Protective Order), if the offense is not
1-20 committed in the presence of the peace officer; <or>
1-21 (4) persons who the peace officer has probable cause
1-22 to believe have committed an assault resulting in bodily injury to
1-23 a member of the person's family or household; or
1-24 (5) a person who the peace officer has probable cause
2-1 to believe has violated a condition of the person's release from
2-2 the institutional division on parole or to mandatory supervision
2-3 after the peace officer has temporarily detained the person under
2-4 Section 13A(a), Article 42.18, of this code.
2-5 SECTION 2. Section 8(g), Article 42.18, Code of Criminal
2-6 Procedure, is amended to read as follows:
2-7 (g) The Texas Board of Criminal Justice may adopt such other
2-8 reasonable rules not inconsistent with law as it may deem proper or
2-9 necessary with respect to the eligibility of prisoners for parole
2-10 and mandatory supervision, the conduct of parole and mandatory
2-11 supervision hearings, or conditions to be imposed upon parolees and
2-12 persons released to mandatory supervision. Each person to be
2-13 released on parole shall be furnished a contract setting forth in
2-14 clear and intelligible language the conditions and rules of parole.
2-15 The parole panel may include as a condition of parole or mandatory
2-16 supervision any condition that a court may impose on a probationer
2-17 under Article 42.12 of this code, including the condition that the
2-18 person released submit to testing for controlled substances or
2-19 submit to electronic monitoring if the parole panel determines that
2-20 absent testing for controlled substances or participation in an
2-21 electronic monitoring program the person would not be released on
2-22 parole. Acceptance, signing, and execution of the contract by the
2-23 inmate to be paroled shall be a precondition to release on parole.
2-24 Acceptance and signing of the written statement by the inmate to be
2-25 released on mandatory supervision is a precondition to release on
2-26 mandatory supervision. Persons released on mandatory supervision
2-27 shall be furnished a written statement setting forth in clear and
3-1 intelligible language the conditions and rules of mandatory
3-2 supervision. The parole panel may also require as a condition of
3-3 parole or release to mandatory supervision that the person make
3-4 payments in satisfaction of damages the person is liable for under
3-5 Article 6184p, Revised Statutes. The parole panel shall require as
3-6 a condition of parole or mandatory supervision that the person
3-7 register under Article 6252-13c.1, Revised Statutes.
3-8 SECTION 3. Section 8, Article 42.18, Code of Criminal
3-9 Procedure, is amended by adding Subsection (o) to read as follows:
3-10 (o) In addition to other conditions imposed by a parole
3-11 panel under this article, the parole panel shall require as a
3-12 condition of parole or release to mandatory supervision that a
3-13 prisoner:
3-14 (1) carry while the prisoner is in a public place a
3-15 legible copy of the contract or written statement issued to the
3-16 prisoner under Subsection (g) of this section that can be read
3-17 without the use of a magnifying glass; and
3-18 (2) show a copy of the contract or written statement
3-19 on request to a peace officer.
3-20 SECTION 4. Article 42.18, Code of Criminal Procedure, is
3-21 amended by adding Section 13A to read as follows:
3-22 Sec. 13A. DETENTION BY PEACE OFFICER. (a) A peace officer
3-23 may temporarily detain in a public place a person who is released
3-24 from the institutional division on parole or to mandatory
3-25 supervision for the purpose of examining a copy of the contract or
3-26 written statement issued to the person under Section 8(g) of this
3-27 article to determine whether the person has violated a condition of
4-1 the person's release on parole or to mandatory supervision.
4-2 (b) As soon as practicable after a person is arrested under
4-3 Article 14.03(a)(5) of this code, the peace officer who arrested
4-4 the person shall notify the pardons and paroles division of the
4-5 arrest.
4-6 (c) As soon as practicable after receiving notice of a
4-7 person's arrest under Subsection (b) of this section, the pardons
4-8 and paroles division shall order the peace officer who arrested the
4-9 person to release the person or to return the person to the
4-10 institution from which the person was released on parole or to
4-11 mandatory supervision.
4-12 SECTION 5. (a) The change in law made by this Act applies
4-13 only to a person released on parole or to mandatory supervision for
4-14 an offense committed on or after the effective date of this Act.
4-15 For purposes of this section, an offense is committed before the
4-16 effective date of this Act if any element of the offense occurs
4-17 before the effective date.
4-18 (b) An inmate sentenced for an offense committed before the
4-19 effective date of this Act is covered by the law in effect when the
4-20 offense was committed, and that law is continued in effect for that
4-21 purpose.
4-22 SECTION 6. This Act takes effect January 1, 1994.
4-23 SECTION 7. The importance of this legislation and the
4-24 crowded condition of the calendars in both houses create an
4-25 emergency and an imperative public necessity that the
4-26 constitutional rule requiring bills to be read on three several
4-27 days in each house be suspended, and this rule is hereby suspended.