AN ACT
1-1 relating to the duty of the pardons and paroles division of the
1-2 Texas Department of Criminal Justice to notify law enforcement of a
1-3 prisoner's pending release or transfer to a halfway house.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (h), Section 8, Article 42.18, Code of
1-6 Criminal Procedure, is amended to read as follows:
1-7 (h) It shall be the duty of the pardons and paroles division
1-8 at least 10 days before the board orders the parole of any prisoner
1-9 or at least 10 days after recommending the granting of executive
1-10 clemency by the governor to notify the sheriff, each chief of
1-11 police, the prosecuting attorney, and the district judge in the
1-12 county where such person was convicted and the county to which the
1-13 prisoner is released that such parole or clemency is being
1-14 considered by the board or by the governor. For any case in which
1-15 there was a change of venue, the pardons and paroles division shall
1-16 notify those same officials in the county in which the prosecution
1-17 was originated if, no later than 30 days after the date on which
1-18 the defendant was sentenced, those officials request in writing
1-19 that the pardons and paroles division give them notice under this
1-20 section of any future release of the prisoner. Additionally, no
1-21 later than the 10th day after the parole panel orders the transfer
1-22 of a prisoner to a halfway house under this article, the pardons
1-23 and paroles division shall notify the sheriff of the county in
2-1 which the prisoner was convicted and shall notify the sheriff, each
2-2 chief of police, [of the county in which the halfway house is
2-3 located] and the attorney who represents the state in the
2-4 prosecution of felonies in the county in which the halfway house is
2-5 located [in that county]. The notice must state the prisoner's
2-6 name, the county in which the prisoner was convicted, and the
2-7 offense for which the prisoner was convicted.
2-8 SECTION 2. Subsection (e), Section 8A, Article 42.18, Code
2-9 of Criminal Procedure, is amended to read as follows:
2-10 (e) If a parole panel requires the defendant to reside in a
2-11 county other than the county required by Subsection (a) of this
2-12 section, the panel shall state the reason for its decision in
2-13 writing, and place the statement in the defendant's permanent
2-14 record. The pardons and paroles division shall include the reason
2-15 for residency exemption in the required notification to the sheriff
2-16 of the county in which the defendant is to reside, the chief of
2-17 police of the municipality in which the halfway house is located,
2-18 and the attorney who represents the state in the prosecution of
2-19 felonies in that county.
2-20 SECTION 3. This Act takes effect September 1, 1997.
2-21 SECTION 4. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 113 passed the Senate on
April 24, 1997, by the following vote: Yeas 29, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 113 passed the House on
May 16, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor