1-1 By: West S.B. No. 1238
1-2 (In the Senate - Filed March 12, 1997; March 17, 1997, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 May 1, 1997, reported favorably, as amended, by the following vote:
1-5 Yeas 6, Nays 0; May 1, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: West
1-7 Amend S.B. No. 1238 by deleting in their entirety SECTION 2 and
1-8 SECTION 3 of the bill.
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to the issuance of and withdrawal of a warrant for the
1-12 return to confinement of certain inmates released to the
1-13 supervision of the pardons and paroles division of the Texas
1-14 Department of Criminal Justice.
1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16 SECTION 1. Subsection (a), Section 13, Article 42.18, Code
1-17 of Criminal Procedure, is amended to read as follows:
1-18 (a) A warrant for the return of a paroled prisoner, a
1-19 prisoner released to mandatory supervision, a prisoner released
1-20 although not eligible for release, a resident released to a
1-21 preparole or work program, a prisoner released on emergency
1-22 reprieve or on furlough, or a person released on a conditional
1-23 pardon to the institution from which the person was paroled,
1-24 released, or pardoned may be issued by the director or a designated
1-25 agent of the director in cases of parole or mandatory supervision,
1-26 or by the board on order by the governor in other cases, if there
1-27 is reason to believe that the person has been released although not
1-28 eligible for release, if the person has been arrested for an
1-29 offense, if there is a document that is self-authenticating as
1-30 provided by Rule 902, Texas Rules of Criminal Evidence, [verified
1-31 complaint] stating that the person violated a rule or condition of
1-32 release, or if there is reliable evidence that the person has
1-33 exhibited behavior during the person's release that indicates to a
1-34 reasonable person that the person poses a danger to society that
1-35 warrants the person's immediate return to custody. The person may
1-36 be held in custody pending a determination of all facts surrounding
1-37 the alleged offense, violation of a rule or condition of release,
1-38 or dangerous behavior. A designated agent of the director acts
1-39 independently from a parole officer and must receive specialized
1-40 training as determined by the director. Such warrant shall
1-41 authorize all officers named therein to take actual custody of the
1-42 prisoner and detain and house the prisoner until a parole panel
1-43 orders the return of the prisoner to the institution from which he
1-44 was released. Pending hearing, as hereinafter provided, upon any
1-45 charge of parole violation, ineligible release, or violation of the
1-46 conditions of mandatory supervision, a prisoner returned to custody
1-47 shall remain incarcerated. If the director, a board member, or a
1-48 designated agent of the director or the board is otherwise
1-49 authorized to issue a warrant under this subsection, the division
1-50 may instead issue to a prisoner a summons requiring the prisoner to
1-51 appear for a hearing under Section 14 of this article. The summons
1-52 must state the time, place, date, and purpose of the hearing.
1-53 SECTION 2. Section 14, Article 42.18, Code of Criminal
1-54 Procedure, is amended by amending Subsection (c) and adding
1-55 Subsection (d) to read as follows:
1-56 (c) The requirement in Subsection (a) that a warrant be
1-57 withdrawn does not apply if the person:
1-58 (1) has been removed from the custody of a county
1-59 sheriff by the department and placed in a community residential
1-60 facility;
1-61 (2) is in custody in another state or in a federal
1-62 correctional facility;
1-63 (3) is granted a continuance, not to exceed the 181st
1-64 day after the arrest, or the attorney representing the person or
2-1 the attorney representing the state is granted a continuance, not
2-2 to exceed the 181st day after the arrest; [or]
2-3 (4) is subject to pending criminal charges that have
2-4 not been adjudicated; or
2-5 (5) is extradited to this state from another state.
2-6 (d) A parole panel or designee of the board shall hold a
2-7 hearing for a person described by Subsection (c) within a
2-8 reasonable time after the time on which, as appropriate:
2-9 (1) the person is placed in a community residential
2-10 facility or is extradited or otherwise returned from the custody of
2-11 another state or the federal government;
2-12 (2) there is a disposition of the pending criminal
2-13 charges; or
2-14 (3) any continuance has expired.
2-15 SECTION 3. The change in law made by Section 2 of this Act
2-16 to Section 14, Article 42.18, Code of Criminal Procedure, applies
2-17 only to a person for whom a warrant is issued under Section 13,
2-18 Article 42.18, Code of Criminal Procedure, as amended by this Act,
2-19 on or after the effective date of this Act. A person for whom a
2-20 warrant is issued before the effective date of this Act is covered
2-21 by the law in effect when the warrant was issued, and the former
2-22 law is continued in effect for that purpose.
2-23 SECTION 4. This Act takes effect September 1, 1997.
2-24 SECTION 5. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
2-28 days in each house be suspended, and this rule is hereby suspended.
2-29 * * * * *