SRC-SLL S.B. 1238 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1238
By: West
Criminal Justice
3-21-97
As Filed


DIGEST 

Currently, in order to have a warrant issued for the arrest of a parolee,
parole staff must have a complaint notarized by a notary public.  This can
be difficult on evening and weekends.  If the complaint was a
self-verifying document, there would not be a delay in issuing warrants
due to the unavailability of a notary.  This bill will provide additional
regulations regarding the issuance and withdrawal of a warrant for the
return to confinement of certain inmates released to the supervision of
the pardons and paroles division of the Texas Department of Criminal
Justice. 

PURPOSE

As proposed, S.B. 1238 provides additional regulations regarding the
issuance and withdrawal of a warrant for the return to confinement of
certain inmates released to the supervision of the pardons and paroles
division of the Texas Department of Criminal Justice. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 13(a), Article 42.18, Code of Criminal
Procedure, to authorize a warrant for the return of certain individuals to
be issued by certain individuals if there is a document that is
self-authenticating as provided by Rule 902, Texas Rules of Criminal
Evidence, rather than a verified complaint, stating that the person
violated a rule or condition of release. 

SECTION 2. Amends Section 14, Article 42.18, Code of Criminal Procedure,
by amending Subsection (c) and by adding Subsection (d), to provide that
the requirement in Subsection (a) that a warrant be withdrawn does not
apply if the person is extradited to this state from another state.
Requires a parole panel or designee of the Board of Pardons and Paroles to
hold a hearing for a person described by Subsection (c) within a
reasonable time after the time on which certain events occur. 

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 1997.

SECTION 5. Emergency clause.