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.