By McCall H.B. No. 42
74R182 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the revocation of parole or release to mandatory
1-3 supervision of a defendant who commits a felony while released and
1-4 to the sentencing of the defendant for the subsequent offense.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 42.08, Code of Criminal Procedure, is
1-7 amended by amending Subsection (a) and by adding Subsection (d) to
1-8 read as follows:
1-9 (a) When the same defendant has been convicted in two or
1-10 more cases, judgment and sentence shall be pronounced in each case
1-11 in the same manner as if there had been but one conviction. Except
1-12 as otherwise provided by <Sections (b) and (c) of> this article, in
1-13 the discretion of the court, the judgment in the second and
1-14 subsequent convictions may either be that the sentence imposed or
1-15 suspended shall begin when the judgment and the sentence imposed or
1-16 suspended in the preceding conviction has ceased to operate, or
1-17 that the sentence imposed or suspended shall run concurrently with
1-18 the other case or cases, and sentence and execution shall be
1-19 accordingly; provided, however, that the cumulative total of
1-20 suspended sentences in felony cases shall not exceed 10 years, and
1-21 the cumulative total of suspended sentences in misdemeanor cases
1-22 shall not exceed the maximum period of confinement in jail
1-23 applicable to the misdemeanor offenses, though in no event more
1-24 than three years, including extensions of periods of community
2-1 supervision under Section 22, Article 42.12, of this code, if none
2-2 of the offenses are offenses under Chapter 49, Penal Code, or four
2-3 years, including extensions, if any of the offenses are offenses
2-4 under Chapter 49, Penal Code.
2-5 (d) If a defendant is sentenced for a felony committed while
2-6 the defendant was released on parole or mandatory supervision, the
2-7 judge shall order the sentence for the subsequent offense to
2-8 commence on completion of the sentence from which the defendant was
2-9 released on parole or mandatory supervision.
2-10 SECTION 2. Section 14, Article 42.18, Code of Criminal
2-11 Procedure, is amended by amending Subsection (a) and by adding
2-12 Subsection (c) to read as follows:
2-13 (a) Whenever a prisoner or a person granted a conditional
2-14 pardon is accused of a violation of his parole, mandatory
2-15 supervision, or conditional pardon, on information and complaint by
2-16 a law enforcement officer or parole officer, or is arrested after
2-17 an ineligible release, he shall be entitled to be heard on such
2-18 charges before a parole panel or a designee of the board under such
2-19 rules as the board may adopt; provided, however, said hearing shall
2-20 be held within 70 days of the date of arrest under a warrant issued
2-21 by the director or a designated agent of the director or by the
2-22 board on order by the governor and at a time and place set by that
2-23 parole panel or designee. The panel or designee may hold the
2-24 hearing at a date later than the date otherwise required by this
2-25 section if it determines a delay is necessary to assure due process
2-26 for the person, except that the authority issuing the warrant shall
2-27 immediately withdraw the warrant if the hearing is not held before
3-1 the 121st day after the date of arrest, regardless of whether the
3-2 person agrees to delay the hearing until after that date. If a
3-3 parole panel or designee determines that a parolee, mandatory
3-4 supervisee, or person granted a conditional pardon has been
3-5 convicted in a court of competent jurisdiction of a felony offense
3-6 committed while an administrative releasee and has been sentenced
3-7 by the court to a term of incarceration in a penal institution, the
3-8 determination is to be considered a sufficient hearing to revoke
3-9 the parole or mandatory supervision or recommend to the governor
3-10 revocation of a conditional pardon without further hearing, except
3-11 that the parole panel or designee shall conduct a hearing to
3-12 consider mitigating circumstances if requested by the parolee,
3-13 mandatory supervisee, or person granted a conditional pardon. When
3-14 the parole panel or designee has heard the facts, the board may
3-15 recommend to the governor that the conditional pardon be continued,
3-16 revoked, or modified, or it may continue, revoke, or modify the
3-17 parole or mandatory supervision, in any manner warranted by the
3-18 evidence. The parole panel or designee must make its
3-19 recommendation or decision no later than the 30th day after the
3-20 date the hearing is concluded. When, except as provided by
3-21 Subsection (c) of this article, a person's parole, mandatory
3-22 supervision, or conditional pardon is revoked, that person may be
3-23 required to serve the portion remaining of the sentence on which he
3-24 was released, such portion remaining to be calculated without
3-25 credit for the time from the date of his release to the date of
3-26 revocation. When a warrant is issued charging a violation of
3-27 release conditions, the sentence time credit may be suspended until
4-1 a determination is made in such case and such suspended time credit
4-2 may be reinstated should such parole, mandatory supervision, or
4-3 conditional pardon be continued.
4-4 (c) If a parole panel revokes a defendant's release on
4-5 parole or mandatory supervision because the defendant is convicted
4-6 of a felony committed while released, the defendant shall serve the
4-7 portion remaining of the sentence from which the defendant was
4-8 released on parole or mandatory supervision, with the portion
4-9 remaining to be calculated without credit for the time from the
4-10 date of the defendant's release to the date of revocation.
4-11 SECTION 3. (a) The change in law made by this Act applies
4-12 only to a defendant released on parole or mandatory supervision who
4-13 commits an offense on or after the effective date of this Act. For
4-14 purposes of this section, an offense is committed before the
4-15 effective date of this Act if any element of the offense occurs
4-16 before the effective date.
4-17 (b) A defendant released on parole or mandatory supervision
4-18 who commits an offense before the effective date of this Act is
4-19 covered by the law in effect when the offense was committed, and
4-20 the former law is continued in effect for that purpose.
4-21 SECTION 4. This Act takes effect September 1, 1995.
4-22 SECTION 5. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
4-26 days in each house be suspended, and this rule is hereby suspended.