Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By: Shapiro S.B. No. 1658
A BILL TO BE ENTITLED
AN ACT
1-1 relating to provisions requiring notification of prosecutors,
1-2 county sheriffs, and municipal chiefs of police by local community
1-3 supervision and corrections departments prior to the date when
1-4 persons placed on community supervision change residences and by
1-5 the pardons and paroles division of the Texas department of
1-6 criminal justice prior to the date when prisoners are released or
1-7 change residences.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. Article 42.12, Code of Criminal Procedure, is
1-10 amended by adding Section 25 to read as follows:
1-11 Section 25. WRITTEN NOTICE OF CHANGE OF ADDRESS OF RESIDENCE
1-12 OF PERSON PLACED ON COMMUNITY SUPERVISION. (a) (1) At least seven
1-13 days prior to the date on which a person placed on community
1-14 supervision changes the address of his residence, the new address
1-15 shall be provided in writing to the prosecuting attorney, county
1-16 sheriff, and the municipal police chief of the local jurisdiction
1-17 in which the person placed on community supervision will reside.
1-18 (2) Written notice required under Subdivision (a) (1)
1-19 regarding a change of residence of a person placed on community
1-20 supervision shall be provided by the supervision officer of the
1-21 community supervision and corrections department responsible for
1-22 the supervision of the person, or in a manner specified by the
1-23 community justice assistance division of the Texas department of
2-1 criminal justice.
2-2 (b) A written notice under Subsection (a) shall disclose:
2-3 (1) the name of the person placed on community
2-4 supervision;
2-5 (2) the criminal history of the person placed on
2-6 community supervision, including a description of the offense of
2-7 which the person was charged;
2-8 (3) the date an order of community supervision was
2-9 entered;
2-10 (4) the anticipated address of the person placed on
2-11 community supervision;
2-12 (5) whether the person placed on community supervision
2-13 was known to be affiliated with any gang or gang-related activity
2-14 during or prior to his current term of community supervision;
2-15 (6) any restrictions on conduct or other conditions on
2-16 the release of the person placed on community supervision that are
2-17 imposed by law, the sentencing court, the community supervision and
2-18 corrections department, or any other state agency, or political
2-19 subdivision thereof;
2-20 (7) the name of the community supervision and
2-21 corrections department manager;
2-22 (8) the signature of the community supervision and
2-23 corrections department manager; and
2-24 (9) the address and telephone number of the community
2-25 supervision and corrections department manager.
3-1 (c) A person placed on community supervision is described in
3-2 this paragraph if the person was charged with:
3-3 (1) a drug offense, as that term is defined in Chapter
3-4 481 and 483, Health and Safety Code; or
3-5 (2) a crime, as that term is defined in Chapter 19,
3-6 20, 21, 22, 25, 28, 29, 30, 31, 32, 33, 34, 36, 39, 43, 46, 49, and
3-7 71, Penal Code, or any other crime of violence, as defined by the
3-8 Penal Code.
3-9 SECTION 2. Article 42.18, Code of Criminal Procedure, is
3-10 amended by adding Section 8C to read as follows:
3-11 Section 8C. WRITTEN NOTICE OF RELEASE OF INMATE OR CHANGE OF
3-12 RESIDENCE BY INMATE ON PAROLE. (a) (1) At least seven days prior
3-13 to the date on which a person described in Subsection (c) of this
3-14 section is to be released on parole or mandatory supervision or
3-15 anticipates changing the address of his residence, written notice
3-16 of the release or change of residence shall be provided to the
3-17 prosecuting attorney, county sheriff, and the municipal police
3-18 chief of the local jurisdiction in which the inmate will reside.
3-19 (2) Written notice prior to release required under
3-20 Subdivision (a)(1) shall be provided by the director of the pardons
3-21 and paroles division of the Texas department of criminal justice,
3-22 or his designee. Written notice prior to a change of residence
3-23 following release shall be provided by the parole officer
3-24 responsible for the supervision of the released inmate, or by
3-25 another person specified by the director of the pardons and paroles
4-1 division of the Texas department of criminal justice.
4-2 (b) A written notice under Subsection (a) shall disclose:
4-3 (1) the inmate's name;
4-4 (2) the inmate's criminal history, including a
4-5 description of the offense of which the inmate was convicted;
4-6 (3) the final release date to parole or mandatory
4-7 supervision;
4-8 (4) the inmate's anticipated address on supervised
4-9 release or parole;
4-10 (5) whether the inmate was known to be affiliated with
4-11 any gang or gang-related activity prior to or during his current
4-12 term of incarceration;
4-13 (6) any restrictions on conduct or other conditions on
4-14 the release of the inmate that are imposed by law, the sentencing
4-15 court, or the pardons and paroles division of the Texas department
4-16 of criminal justice, or any other state agency, or political
4-17 subdivision thereof;
4-18 (7) the name of the supervising parole official;
4-19 (8) the signature of the supervising parole official;
4-20 and
4-21 (9) the address and telephone number of the
4-22 supervising parole official.
4-23 (c) An inmate is described in this paragraph if the inmate
4-24 was convicted of:
4-25 (1) a drug offense, as that term is defined in Chapter
5-1 481 and 483, Health and Safety Code; or
5-2 (2) a crime, as that term is defined in Chapters 19,
5-3 20, 21, 22, 25, 28, 29, 30, 31, 32, 33, 34, 36, 39, 43, 46, 49, and
5-4 71, Penal Code, or any other crime of violence, as defined by the
5-5 Penal Code.
5-6 SECTION 3. SEVERABILITY. If any section, sentence, clause,
5-7 or part of this Act shall, for any reason, be held invalid, such
5-8 invalidity shall not affect the remaining portions of the Act, and
5-9 it is hereby declared to be the intention of this legislature to
5-10 have passed each section, sentence, clause, or part irrespective of
5-11 the fact that any other section, sentence, clause, or part may be
5-12 declared invalid.
5-13 SECTION 4. EFFECTIVE DATE. This Act takes effect on
5-14 September 1, 1997.
5-15 SECTION 5. EMERGENCY. The importance of this legislation
5-16 and the crowded condition of the calendars in both houses create an
5-17 emergency and an imperative public necessity that the
5-18 constitutional rule requiring bills to be read on three several
5-19 days in each house be suspended, and this rule is hereby suspended,
5-20 and it is so enacted.