By Cuellar H.B. No. 818
75R3797 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the elimination of dual supervision of certain persons
1-3 by the pardons and paroles division of the Texas Department of
1-4 Criminal Justice and community supervision and corrections
1-5 departments.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Article 42.18, Code of Criminal Procedure, is
1-8 amended by adding Section 30 to read as follows:
1-9 Sec. 30. DUAL SUPERVISION. (a) The division, for each
1-10 person supervised by the division, at least once each month shall
1-11 inquire of the criminal history record information databases
1-12 maintained by the Department of Public Safety and the Federal
1-13 Bureau of Investigation to determine if the person has been charged
1-14 with an offense or convicted of an offense committed after the
1-15 person was placed under the supervision of the division.
1-16 (b) If the division determines from an inquiry under this
1-17 section that a person supervised by the division is charged with or
1-18 convicted of an offense, the division shall:
1-19 (1) notify the board of that fact; and
1-20 (2) notify the court in which the person is charged or
1-21 has been convicted of the person's supervision status.
1-22 (c) A court that receives information about a person under
1-23 the jurisdiction of the court from the division under Subsection
1-24 (b) shall immediately inform the division as to the disposition
2-1 of any charges against the person, including whether the court has
2-2 placed the person on community supervision and, if so, the period
2-3 of community supervision.
2-4 (d) During any period in which a person described by
2-5 Subsection (c) is under community supervision, the community
2-6 supervision and corrections department shall perform all
2-7 supervision duties relating to the person. The community
2-8 supervision and corrections department shall notify the division
2-9 immediately on revocation of the person's community supervision, or
2-10 not later than the seventh day after the date on which the person
2-11 completes the term of community supervision. The division shall
2-12 resume supervising the person immediately on notification from the
2-13 community supervision and corrections department, unless:
2-14 (1) the period of supervision on parole or mandatory
2-15 supervision has been completed while the person was on community
2-16 supervision;
2-17 (2) the person is ordered confined on revocation of
2-18 community supervision; or
2-19 (3) the person is confined under a warrant issued
2-20 under Section 13.
2-21 SECTION 2. This Act takes effect September 1, 1997.
2-22 SECTION 3. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.